This volume contains seventeen articles on law and society in Canada. The topics range from informal law on the frontier to laws affecting marriage, the poor, Native Peoples, and children to the role of police in enforcing the law. Articles discuss formal law as well as more informal mechanisms that structure social relations and affect the types of laws that are formulated and how they are received. Contributors from the field of history, laws and anthropology are included to ensure that a variety of perspectives are represented.
A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Law firms are important economic institutions in this country: they collect hundreds of millions of dollars annually in fees, they order the affairs of businesses and of many government agencies, and their members include some of the most influential Canadians. Some firms have a history stretching back nearly two hundred years, and many are over a century old. Yet the history of law firms in Canada has remained largely unknown. This collection of essays, Volume VII in the Osgoode Society's series of Essays in the History of Canadian Law, is the first focused study of a variety of law firms and how they have evolved over a century and a half, from the golden age of the sole practitioner in the pre-industrial era to the recent rise of the mega-firm. The volume as a whole is an exploration of the impact of economic and social change on law-firm culture and organization. The introduction by Carol Wilton provides a chronological overview of Canadian law-firm evolution and emphasizes the distinctiveness of Canadian law-firm history.
The collection represents a rich array of interdisciplinary expertise, with authors who are law professors, historians, sociologists and criminologists. Their essays include studies into the lives of judges and lawyers, rape victims, prostitutes, religious sect leaders, and common criminals. The geographic scope touches Canada, the United States and Australia. The essays explore how one individual, or small self-identified groups, were able to make a difference in how law was understood, applied, and interpreted. They also probe the degree to which locale and location influenced legal culture history.
This unique and timely collection brings together 24 of the very best and most controversial readings on the history of crime, deviance and criminal justice in Canada. Divided into five sections, the first part of Crime and Deviance examines developing issues in crime and punishment while the second part introduces key aspects of a 'working criminal justice system'. Policing ethnicity is the focus of section three, which includes articles on the relocation phenomenon and the Africville study as well as Ontario Aboriginal women confronting the criminal justice system, 1920-1960. Similarly, regulating gender and sexuality, section four, examines moral reform in English Canada, 1885-1925; and anti-homosexual campaigns in the Canadian Civil Service in the mid-20th century. The final section profiles the moral regulation of behaviour. Articles in this section include non-medical opiate use and control policies in Canada, 1870-1970; as well as moral fervour and the evolution of Canada's prostitution laws, 1867-1917. Power relations is a very strong unifying theme that is, relations of gender, social class, ethnicity and age. regulation of sexuality, we can trace these relations of power and how they link to the definition of crime in society. Canada's top criminologists and social critics are included in this special collection. This impressive list includes Russell Smandych, Rick Linden, Constance Backhouse, Helen Boritch, John Hagan, Carolyn Strange, Tina Loo, Joan Sangster, Mariana Valverde, Kelly Hannah-Moffat, Gary Kinsman and Robert Menzies.
The collected essays in this volume represent the highlights of legal historical scholarship in Canada today. All of the essays refer back in some form to Risk's own work in the field.
Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes.This collection is founded upon the editors? joint experiences in teaching in law and society programs in Canada. The authors have witnessed cobbled together curriculums which rely upon a potpourri of sources from law, criminology, criminal justice and law and society disciplines. There exists a growing interest from university students and legal scholars alike for a reader in the context of law reform and legal change in respect of sexual politics and movements in Canada, especially in the context of more modern iterations of crime and sexual politics. Furthermore, while this collection is intended to be educational in the main, it will foster broader discussions in the context of legal regulation of sex and sexuality in Canadian jurisprudence.?
