Political Trials in an Age of Revolutions

Political Trials in an Age of Revolutions

Author: Michael T. Davis

Publisher: Springer

Published: 2018-12-30

Total Pages: 406

ISBN-13: 3319989596

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This collection provides new insights into the ’Age of Revolutions’, focussing on state trials for treason and sedition, and expands the sophisticated discussion that has marked the historiography of that period by examining political trials in Britain and the north Atlantic world from the 1790s and into the nineteenth century. In the current turbulent period, when Western governments are once again grappling with how to balance security and civil liberty against the threat of inflammatory ideas and actions during a period of international political and religious tension, it is timely to re-examine the motives, dilemmas, thinking and actions of governments facing similar problems during the ‘Age of Revolutions’. The volume begins with a number of essays exploring the cases tried in England and Scotland in 1793-94 and examining those political trials from fresh angles (including their implications for legal developments, their representation in the press, and the emotion and the performances they generated in court). Subsequent sections widen the scope of the collection both chronologically (through the period up to the Reform Act of 1832 and extending as far as the end of the nineteenth century) and geographically (to Revolutionary France, republican Ireland, the United States and Canada). These comparative and longue durée approaches will stimulate new debate on the political trials of Georgian Britain and of the north Atlantic world more generally as well as a reassessment of their significance. This book deliberately incorporates essays by scholars working within and across a number of different disciplines including Law, Literary Studies and Political Science.


Race on Trial

Race on Trial

Author: Barrington Walker

Publisher: University of Toronto Press

Published: 2011-07-16

Total Pages: 281

ISBN-13: 1442660449

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While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.


Secret Service

Secret Service

Author: Reg Whitaker

Publisher: University of Toronto Press

Published: 2012-07-06

Total Pages: 721

ISBN-13: 1442662387

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Secret Service provides the first comprehensive history of political policing in Canada – from its beginnings in the mid-nineteenth century, through two world wars and the Cold War to the more recent 'war on terror.' This book reveals the extent, focus, and politics of government-sponsored surveillance and intelligence-gathering operations. Drawing on previously classified government records, the authors reveal that for over 150 years, Canada has run spy operations largely hidden from public or parliamentary scrutiny – complete with undercover agents, secret sources, agent provocateurs, coded communications, elaborate files, and all the usual apparatus of deception and betrayal so familiar to fans of spy fiction. As they argue, what makes Canada unique among Western countries is its insistent focus of its surveillance inwards, and usually against Canadian citizens. Secret Service highlights the many tensions that arise when undercover police and their covert methods are deployed too freely in a liberal democratic society. It will prove invaluable to readers attuned to contemporary debates about policing, national security, and civil rights in a post-9/11 world.


An Exceptional Law

An Exceptional Law

Author: Dennis G. Molinaro

Publisher: University of Toronto Press

Published: 2017-05-08

Total Pages: 348

ISBN-13: 1442629606

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During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted. An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.


Fragile Settlements

Fragile Settlements

Author: Amanda Nettelbeck

Publisher: UBC Press

Published: 2016-03-20

Total Pages: 337

ISBN-13: 0774830913

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Fragile Settlements compares the processes by which colonial authority was asserted over Indigenous people in south-west Australia and prairie Canada from the 1830s to the early twentieth century. At the start of this period, there was an explosion of settler migration across the British Empire. In a humanitarian response to the unprecedented demand for land, Britain’s Colonial Office moved to protect Indigenous peoples by making them subjects under British law. This book highlights the parallels and divergences between these connected British frontiers by examining how colonial actors and institutions interpreted and applied the principle of law in their interaction with Indigenous peoples on the ground. Fragile Settlements questions the finality of settler colonization and contributes to ongoing debates around jurisdiction, sovereignty, and the prospect of genuine Indigenous-settler reconciliation in Canada and Australia.


A Union Forever

A Union Forever

Author: David Sim

Publisher: Cornell University Press

Published: 2013-11-08

Total Pages: 279

ISBN-13: 0801469686

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In the mid-nineteenth century the Irish question—the governance of the island of Ireland—demanded attention on both sides of the Atlantic. In A Union Forever, David Sim examines how Irish nationalists and their American sympathizers attempted to convince legislators and statesmen to use the burgeoning global influence of the United States to achieve Irish independence. Simultaneously, he tracks how American politicians used the Irish question as means of furthering their own diplomatic and political ends. Combining an innovative transnational methodology with attention to the complexities of American statecraft, Sim rewrites the diplomatic history of this neglected topic. He considers the impact that nonstate actors had on formal affairs between the United States and Britain, finding that not only did Irish nationalists fail to involve the United States in their cause but actually fostered an Anglo-American rapprochement in the final third of the nineteenth century. Their failures led them to seek out new means of promoting Irish self-determination, including an altogether more radical, revolutionary strategy that would alter the course of Irish and British history over the next century.


Dewigged, Bothered, and Bewildered

Dewigged, Bothered, and Bewildered

Author: John McLaren

Publisher: University of Toronto Press

Published: 2011-10-22

Total Pages: 420

ISBN-13: 1442699787

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Throughout the British colonies in the nineteenth century, judges were expected not only to administer law and justice, but also to play a significant role within the governance of their jurisdictions. British authorities were consequently concerned about judges' loyalty to the Crown, and on occasion removed or suspended those who were found politically subversive or personally difficult. Even reasonable and well balanced judges were sometimes threatened with removal. Using the career histories of judges who challenged the system, Dewigged, Bothered, and Bewildered illuminates issues of judicial tenure, accountability, and independence throughout the British Empire. John McLaren closely examines cases of judges across a wide geographic spectrum — from Australia to the Caribbean, and from Canada to Sierra Leone — who faced disciplinary action. These riveting stories provide helpful insights into the tenuous position of the colonial judiciary and the precarious state of politics in a variety of British colonies.


Thomas D'Arcy McGee

Thomas D'Arcy McGee

Author: David A. Wilson

Publisher: McGill-Queen's Press - MQUP

Published: 2011-09-09

Total Pages: 526

ISBN-13: 0773586458

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After a tumultuous career as a revolutionary in Ireland and an ultra-conservative Catholic in the United States, Thomas D'Arcy McGee moved to Canada in 1857, where he became a force for moderation and the leading Irish Canadian politician in the country. Determined that Canada should avoid the ethno-religious strife that afflicted Ireland, he articulated an inclusive, broad-minded nationalism based on generosity of spirit, a willingness to compromise, and a reasonable balance between order and liberty. To realize his vision, McGee became a strong supporter of the "new northern nationality." A spellbinding orator who emerged as the youngest and most intellectually gifted of the Fathers of Confederation, he fought what he saw as the atavistic and intolerant elements of Canadian life - the Orange Order, with its strident anti-Catholicism; the opponents of separate schools, whom he viewed as enemies of minority rights; and above all the Fenian Brotherhood, with its dreams of revolutionizing Ireland and annexing Canada to the United States. Convinced that compromise with Fenianism was impossible, he set out to destroy the movement through a strategy of confrontation and polarization - channeling his earlier extreme tendencies in the service of moderation and attempting to reduce the influence of Fenianism within his own community. In the process, he alienated many of his former supporters, who came to regard him as a traitor who sacrificed the cause of Irish nationalism on the altar of personal ambition. On 7 April 1868, McGee was assassinated on the doorstep of his Ottawa boarding house. As someone who took an uncompromising stand against militants within his own ethno-religious community, and who attempted to balance core values with minority rights, McGee has become increasingly relevant in today's complex multicultural society.


A History of Law in Canada, Volume One

A History of Law in Canada, Volume One

Author: Philip Girard

Publisher: University of Toronto Press

Published: 2018-12-21

Total Pages: 928

ISBN-13: 1487530595

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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.