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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women's studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
This third volume of Essays in the History of Canadian Law presents thoroughly researched, original essays in Nova Scotian legal history. An introduction by the editors is followed by ten essays grouped into four main areas of study. The first is the legal system as a whole: essays in this section discuss the juridical failure of the Annapolis regime, present a collective biography of the province's superior court judiciary to 1900, and examine the property rights of married women in the nineteenth century. The second section deals with criminal law, exploring vagrancy laws in Halifax in the late nineteenth century, aspects of prisons and punishments before 1880, and female petty crime in Halifax. The third section, on family law, examines the issues of divorce from 1750 to 1890 and child custody from 1866 to 1910. Finally, two essays relate to law and the economy: one examines the Mines Arbitration Act of 1888; the other considers the question of private property and public resources in the context of the administrative control of water in Nova Scotia.
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Can you name the creator of the Territorial Army, the British Expeditionary Force, the Imperial General Staff, and the Officers' Training Corps? The man who laid the foundation stones of MI5, MI6, the RAF, the LSE, Imperial College, the "redbrick" universities, and the Medical Research Council? This book restores Richard Burdon Haldane to his rightful place among the great men of British and Canadian history. Serving as war minister in the 1905 Liberal British government, his groundbreaking proposals on defence, education, and government structure were astonishingly ahead of his time – the very building blocks of modern Britain. Even the Canadian Constitution, as now interpreted, is unthinkable without Haldane. His ubiquitous networks ranged from Wilde to Einstein, Churchill to Carnegie, king to kaiser; his polymathic interests enabled pioneering cross-party, cross-sector cooperation. Yet in 1915 he was ejected from the Lord Chancellorship, unjustly vilified by an ignorant press campaign as a German sympathizer. John Campbell charts these ups and downs, reveals the intensely personal side of Haldane through previously unpublished love letters, and shows his enormous relevance in our search for just societies and states today. Amidst political and national instability, it is surely now right to reinstate Haldane as an outstanding example of true statesmanship.
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.