Kategoria BISAC: Law >> Legal History

Taking Michel Foucault s genealogical analysis of power and resistance as its starting point, the book asks, from below, is there something in the very nature of law that is, in its discursive and institutional dynamics, in its spatial, material, and temporal coordinates; in its own conceptual categories, claims, mechanisms, and processes that makes it something more than the mere instrument and armature of power? If those in power can utilize the devices of law and justice to achieve political ends, isn t there something about these devices that can accommodate fresh articulations?...

In the early history of Halifax (1749-1766), debt litigation was extremely common. People from all classes frequently used litigation and its use in private matters was higher than almost all places in the British Empire in the 18^th century.

In Law, Debt, and Merchant Power, James Muir offers an extensive analysis of the civil cases of the time as well as the reasons behind their frequency. Muir s lively and detailed account of the individuals involved in litigation reveals a paradoxical society where debtors were also debt-collectors. Law, Debt, and...

From 1819 to 1914, governments in northern North America struggled to deal with crime and criminals migrating across the Canadian-American border. Limited by the power of territorial sovereignty, officials were unable to simply retrieve fugitives and refugees from foreign territory.

Borderline Crime examines how law reacted to the challenge of the border in British North America and post-Confederation Canada. For nearly a century, officials ranging from high court judges to local police officers embraced the ethos of transnational enforcement of criminal law. By focusing on...

Indians who remained in the South following removal became a marginalized and anomalous people in an emerging biracial world. Despite the economic hardships and assimilationist pressures they faced, they insisted on their political identity as citizens of tribal nations and rejected Euro-American efforts to reduce them to...

hough law and satire share essential elements -- both aim to correct individual vice, to promote justice, and to claim authority amid competing perspectives -- their commonality has gone largely unexplored by both legal theorists and literary critics. Gregory Kneidel, in this thoroughly original work, finds that just such an exploration leads to fascinating new insights for both fields of study. Reversing the more common association of satire with illegality, especially with libel, Kneidel...

This comprehensive study is concerned primarily with the fundamental problem of the role of the judiciary in the federal system of Canadian government. The author criticizes previous accounts of the Judicial Committee's interpretative scheme for the British North American Act because of their neglect of underlying jurisprudential assumptions and their readiness to accept the textual criticisms levelled in the O'Connor Report of 1939; they fail to note the relationship between the jurisprudential and the textual aspects. Professor Browne is convinced that O'Connor's criticism is as ill...