1.

Record Nr.

UNINA9910780858503321

Titolo

The grand experiment [[electronic resource] ] : law and legal culture in British settler societies / / edited by Hamar Foster, Benjamin L. Berger, and A.R. Buck

Pubbl/distr/stampa

Vancouver, : Published by the Osgoode Society for Canadian Legal History by UBC Press, c2008

ISBN

1-282-45701-2

9786612457012

0-7748-1493-4

Descrizione fisica

1 online resource (415 p.)

Collana

Law and society, , 1496-4953

Altri autori (Persone)

FosterHamar <1948->

BuckA. R

BergerBenjamin L. <1977->

Disciplina

349.41

Soggetti

Law - Great Britain - Colonies - History

Law - Great Britain - History

Indians of North America - Legal status, laws, etc - Canada - History

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 (p. [352]-376) and index.

Nota di contenuto

Contents; List of Illustrations; Foreword; Acknowledgments; Introduction: Does Law Matter? The New Colonial Legal History; PART 1: AUTHORITY AT THE BOUNDARIES OF EMPIRE; 1 Libel and the Colonial Administration of Justice in Upper Canada and New South Wales, c. 1825-30; 2 The Limits of Despotic Government at Sea; 3 One Chief, Two Chiefs, Red Chiefs, Blue Chiefs: Newcomer Perspectives on Indigenous Leadership in Rupert's Land and the North-West Territories; 4 Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales

5 Sometimes Persuasive Authority: Dominion Case Law and English Judges, 1895-1970 PART 2: COURTS AND JUDGES IN THE COLONIES; 6 Courts, Communities, and Communication: The Nova Scotia Supreme Court on Circuit, 1816-50; 7 Fame and Infamy: Two Men of the Law in Colonial New Zealand; 8 Moving in an "Eccentric Orbit": The Independence of Judge Algernon Sidney Montagu in Van Diemen's



Land, 1833-47; 9 "Not in Keeping with the Traditions of the Cariboo Courts": Courts and Community Identity in Northeastern British Columbia, 1920-50; PART 3: PROPERTY, POLITICS, AND PETITIONS IN COLONIAL LAW

10 Starkie's Adventures in North America: The Emergence of Libel Law 11 The Law of Dower in New South Wales and the United States: A Study in Comparative Legal History; 12 Contesting Prohibition and the Constitution in 1850's New Brunswick; 13 From Humble Prayers to Legal Demands: The Cowichan Petition of 1909 and the British Columbia Indian Land Question; Afterword: Looking from the Past into the Future; Notes; Selected Bibliography; Contributors; Index;

Sommario/riassunto

The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.