A History of Law in Canada, Volume One : : Beginnings to 1866 / / Jim Phillips, Philip Girard, R. Blake Brown.

• Superior document: Title is part of eBook package: De Gruyter EBOOK PACKAGE COMPLETE 2019 English
• VerfasserIn: Girard, Philip,; Brown, R. Blake,; Phillips, Jim,
• MitwirkendeR: Sharpe, Robert J .,; Stokes, Mary,
• Place / Publishing House: Toronto : : University of Toronto Press, , [2018]; ©2018
• Year of Publication: 2018
• Language: English
• Series: Osgoode Society for Canadian Legal History ; 1
• Physical Description: 1 online resource (928 p.)

This book is the first of two volumes devoted to the history of law in Canada. This volume begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors and legal culture. The book assumes 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 and mediated by inter-cultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including family law, constitutional, commercial, land settlement and tenure, and criminal.

Table of Contents

Frontmatter -- Contents -- Foreword -- Acknowledgments -- PART ONE Introduction -- 1. Introduction -- 2. Roots: Indigenous Legal Traditions -- 3. Roots: French Legal Traditions -- 4. Roots: British Legal Traditions -- PART TWO: European Chartered Enterprise, New France, and the Encounter with Indigenous Law, 1500–1701 -- 5. Early Contacts, Early Charters -- 6. Law and Governance in the French Possessions: Public Law and the Growth of Institutions -- 7. Law and Governance in the English Possessions -- 8. The Interface of European and Indigenous Law -- 9. French Private Law -- 10. The Early Modern Legacy -- PART THREE: The Long Eighteenth Century, 1701–1815 -- 11. Constitutional Law in the Long Eighteenth Century -- 12. New France/Quebec/Lower Canada: Political Institutions, Courts, and Relations with Indigenous Peoples -- 13. The British Colonies of Settlement: Political Institutions, Courts, and Relations with Indigenous Peoples -- 14. The British Commercial Territories: Newfoundland and Rupert’s Land -- 15. The Legal Professions -- 16. Criminal Law and Criminal Justice -- 17. Indigenous Law -- 18. Private Law: The Civil Law -- 19. Private Law: The Common Law -- 20. The Early Modern Legacy -- PART FOUR: British North America, 1815–1860s -- 21. Law in British North America, 1815–1866: Introduction -- 22. Court Systems and Judicial Personnel -- 23. Sources of Law and Law Reform -- 24. Indigenous Law in British North America -- 25. The Legal Professions -- 26. Constitutional Developments I: European-Indigenous Relations, the Old Colonial System, and the Rebellions, 1815–ca 1839 -- 27. Constitutional Developments II: The Act of Union, Responsible Government, and the Origins of Acculturation Policy, ca 1840–1866 -- 28. Criminal Justice I: Criminal Law, Punishment, and Policing -- 29. Criminal Justice II: The Criminal Trial -- 30. Land Law and Policy: Titles, Tenure, Squatters, Indigenous Dispossession, and the Rights and Obligations of Ownership -- 31. Law and the Economy I: Common Law, Statutes, and the Emergence of the Corporation -- 32. Law and the Economy II: Debtor-Creditor Law -- 33. Less Favoured by Law I: Blacks and Workers -- 34. Less Favoured by Law II: Women and the Law -- 35. Law and Legal Institutions on the Eve of Confederation: The British North American Legacy -- Abbreviations -- Notes -- Illustration Credits -- Statutory and Proclamation Index -- Name Index -- Topical Index