1.

Record Nr.

UNINA9910780414603321

Titolo

Calling power to account : law, reparations and the Chinese Canadian head tax case / / editors, David Dyzenhaus, Mayo Moran

Pubbl/distr/stampa

Toronto ; ; Buffalo ; ; London : , : University of Toronto Press, , 2005

©2005

ISBN

1-282-02890-1

9786612028908

1-4426-7166-1

Descrizione fisica

1 online resource  (xv, 471 pages)

Altri autori (Persone)

DyzenhausDavid

Disciplina

342.7108/73

Soggetti

Chinese - Legal status, laws, etc - History

Reparations for historical injustices - Canada

Chinese - Taxation - Law and legislation - Canada - History

Race discrimination - Law and legislation - Canada - History

Emigration and immigration law - Canada - History

History

Conference papers and proceedings.

Reparations for historical injustices Canada Congresses

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references at the end of each chapters and index.

Nota di contenuto

""Contents""; ""Preface and Acknowledgments""; ""Contributors""; ""Context and History""; ""Mack v. Attorney General of Canada: Equality, History, and Reparation""; ""Litigating Injustice""; ""Legal Discrimination against the Chinese in Canada: The Historical Framework""; ""Can We Do Wrong to Strangers?""; ""The Head Tax Case and the Rule of Law: The Historical Thread of Judicial Resistance to 'Legalized' Discrimination""; ""Limits on Institutional Capacity to Address Injustice""; ""The Limits of Constitutionalism: Requiring Moral Behaviour from Government""

""Delivering the Goods and the Good: Repairing Moral Wrongs""""Rights and Wrongs, Institutions and Time: Species of Historic Injustice and Their Modes of Redress""; ""Redress for Unjust State Action: An



Equitable Approach to the Public/Private Distinction""; ""Legal Theory and Gross Statutory Injustice""; ""Gross Statutory Injustice and the Canadian Head Tax Case""; ""The Juristic Force of Injustice""; ""Private Right and Public Wrong""; ""The Timing of Injustice""; ""Mack v. Attorney General of Canada and the Structure of the Action in Unjust Enrichment""

""A Brief History of Mass Restitution Litigation in the United States""""Time, Place, and Values: Mack and the Influence of the Charter on Private Law""; ""Appendix I: Appellants' Factum""; ""Appendix II: Mack v. Attorney General of Canada: Judgment of the Ontario Court of Appeal""; ""Index""

Sommario/riassunto

"Courts today face a range of claims to redress historic injustice, including injustice perpetuated by law. In Canada, descendants of Chinese immigrants recently claimed the return of a head tax levied only on Chinese immigrants. Calling Power to Account uses the litigation around the Chinese Canadian head tax as a focal point for examining the historical, legal, and philosophical issues raised by such claims." "Calling Power to Account suggest that our legal systems can hope to play a part in responding to their own legacy of past injustice only when they recognize the full array of issues posed by the head tax case."--Jacket.