A history of law in Canada : volume one beginnings to 1866 / Philip Girard, Jim Phillips and R. Blake Brown.

Toronto : Published for The Osgoode Society for Canadian Legal History by University of Toronto Press, 2019.

1st edition

89433

Law -- Canada -- History.

Part 1: Introduction

1. Introduction

2. Roots: indigenous legal traditions

3. Roots: French legal traditions

4. Roots: British legal traditions

Part 2: European chartered enterprise, New France, and the encounter with indigenous law, 1500-1701

5. Early contacts, early charters

6. Law and governance in the French possessions: public law and the growth of institutions

7. Law and governance in the English possessions

8. The interface of European and indigenous Law

9. French private law

10. The early modern legacy

Part 3: The long eighteenth century, 1701-1815

11. Constitutional law in the long eighteenth century

12. New France/Quebec/Lower Canada: political institutions, courts, and relations with indigenous peoples

13. The British Colonies of settlement: political institutions, courts, and relations with indigenous peoples

14. The British commercial territories: Newfoundland and Rupert's Land

15. The legal professions

16. Criminal law and criminal justice

17. Indigenous law

18. Private law: the civil law 320

19. Private law: the common law

20. The early modern legacy

Part 4: British North America, 1815-1860s

21. Law in British North America, 1815-1866: introduction

22. Court systems and judicial personnel

23. Sources of law and law reform

24. Indigenous law in British North America

25. The legal professions

26. Constitutional developments I: European-Indigenous relations, the Old Colonial System, and the Rebellions, 1815-ca 1839

27. Constitutional developments II: The Act of Union, responsible government, and the origins of Acculturation Policy, ca 1840-1866

28. Criminal justice I: criminal law, punishment, and policing

29. Criminal justice II: the criminal trial

30. Land law and policy: titles, tenure, squatters, indigenous dispossession, and the rights and obligations of ownership

31. Law and the economy I: common law, statutes, and the emergence of the corporation

32. Law and the economy II: debtor-creditor law

33. Less favoured by law I: blacks and workers

34. Less favoured by law II: women and the law

35. Law and legal institutions on the eve of Confederation: the British North American legacy.

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law. - Publisher's website.

Includes bibliographical references and indexes.

9781487547462

xvii, 904 p. ; 23 cm