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The Grand Experiment

Law and Legal Culture in British Settler Societies
  • Edited by: Hamar Foster , Benjamin L. Berger and A.R. Buck
Language: English
Published/Copyright: 2009
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About this book

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.

Author / Editor information

Hamar Foster is a professor of law at the University of Victoria. Benjamin L. Berger an assistant professor of law at the University of Victoria. A.R. Buck is a professor of law and Co-Director of the Centre for Comparative Law, History and Governance at Macquarie University, Australia.

Contributors: Simon Bronitt, Lyndsay M. Campbell, Jeremy Finn, Philip Girard, Ian Holloway, Bruce Kercher, Greg Marquis, John P.S. McLaren, Stefan Petrow, Jim Phillips, Janna Promislow, Jonathan Swainger, David V. Williams, John Williams, Barry Wright, and Nancy E. Wright

Reviews

Peter Karsten, author of Between Law and Custom: “High” and “Low” Legal Cultures in the Lands of the British Diaspora, 1600-1900:

This collection of essays by Canada’s and Australasia’s most accomplished legal historians is a “must” for academic libraries and those who share these scholars’ interest in the legal culture of the British colonial world.


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The Osgoode Society for Canadian Legal History
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xii

Does Law Matter? The New Colonial Legal History
Benjamin L. Berger, Hamar Foster and A.R. Buck
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Authority at the Boundaries of Empire

Barry Wright
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15

Bruce Kercher
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38

Newcomer Perspectives on Indigenous Leadership in Rupert’s Land and the North-West Territories
Janna Promislow*
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55

Ian Holloway, Simon Bronitt and John Williams
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78

Dominion Case Law and English Judges, 1895–1970
Jeremy Finn
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101
Courts and Judges in the Colonies

The Nova Scotia Supreme Court on Circuit, 1816–50
Jim Phillips and Philip Girard*
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117

Two Men of the Law in Colonial New Zealand
David V. Williams
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135

The Independence of Judge Algernon Sidney Montagu in Van Diemen’s Land, 1833–47
Stefan Petrow
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156

Courts and Community Identity in Northeastern British Columbia, 1920–50
Jonathan Swainger*
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176
Property, Politics, and Petitions in Colonial Law

The Emergence of Libel Law
Lyndsay M. Campbell*
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195

A Study in Comparative Legal History
A.R. Buck and Nancy E. Wright
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208

Greg Marquis*
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221

The Cowichan Petition of 1909 and the British Columbia Indian Land Question
Hamar Foster and Benjamin L. Berger
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240

Looking from the Past into the Future
John McLaren
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268

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277

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352

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377

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Publishing information
Pages and Images/Illustrations in book
eBook published on:
July 1, 2009
eBook ISBN:
9780774814935
Pages and Images/Illustrations in book
Main content:
416
Other:
8 b&w photos, 5 tables, 2 maps
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