Essays in the History of Canadian Law: Quebec and the Canadas

Edited by G. Blaine Baker and Donald Fyson

© 2013

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole.

The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

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Product Details

  • Series: Osgoode Society for Canadian Legal History
  • World Rights
  • Page Count: 608 pages
  • Dimensions: 6.3in x 1.6in x 9.3in
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  • PUBLISHED OCT 2013

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    Regular Price: $103.00

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  • PUBLISHED DEC 2013

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    Regular Price: $103.00

Quick Overview

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867.

Essays in the History of Canadian Law: Quebec and the Canadas

Edited by G. Blaine Baker and Donald Fyson

© 2013

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole.

The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Continue Reading Read Less

Product Details

  • Series: Osgoode Society for Canadian Legal History
  • World Rights
  • Page Count: 608 pages
  • Dimensions: 6.3in x 1.6in x 9.3in
  • Reviews

    “A promising collection of articles. Together they provide new insights into the legal history of the Canadas between the Conquest and Confederation.”
    Bettina Bradbury, Department of History, York University
  • Author Information

    George Blaine Baker is professor emeritus in the Faculty of Law at McGill University.



    Donald Fyson is a professor in the Department of History at l’Université Laval.
  • Table of contents

    Foreword

    Preface

    Introduction: Quebec and the Canadas, 1760 to 1867: A Legal Historiography
    G. BLAINE BAKER

    1. Les débuts de la littérature juridique québécoise, 1767-1840
      SYLVIO NORMAND
    2. Les revendications des nouveaux sujets, francophones et catholiques, de la Province de Québec, 1764-1774
      MICHEL MORIN
    3. “A just and obvious distinction”: The Meaning of Imprisonment for Debt and the Criminal Law in Upper Canada’s Age of Reform
      JEFFREY L. M CNAIRN
    4. The Law of Nations in the Borderlands: Sovereignty and Self-Defence in the Rebellion Period, 1837-1842
      BRADLEY MILLER
    5. Minority Groups and the Law in Quebec, 1760-1867
      DONALD FYSON
    6. Être « demanderesse » en Justice: Permanences civilistes dans la Province de Québec, de la Juridiction royale de Montréal (1740-1760) à la Cour des plaids communs de Montréal (1760-1791)
      DAVID GILLES
    7. “To shudder at the bare recital of those acts”: Child Abuse, Family, and Montreal Courts in the Early Nineteenth Century
      IAN C. PILAR CZYK
    8. Married Women’s Property Law Reform, Couples, and Fraud in Canada West / Ontario, 1859-1900
      LORI CHAMBERS
    9. From Shaved Horses to Aggressive Churchwardens: Social and Legal Aspects of Moral Injury in Lower Canada
      ERIC H. REITER
    10. “Possession of arms among these men ... might lead to serious consequences”: Regulating Firearms in the Canadas, 1760-1867
      R. BLAKE BROWN
    11. Grand Juries and “Proper Authorities”: Low Law, Soft Law, and Local Governance in Canada West / Ontario, 1850-1880
      MARY STOKES

    Contributors

    Index

By the Same Author(s)