Calling Power to Account: Law, Reparations, and the Chinese Canadian Head tax
Courts today face a range of claims to redress historic injustice, including injustice perpetrated 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 Case as a focal point for examining the historical, legal, and philosophical issues raised by such claims.
By placing both the discriminatory law and the judicial decisions in their historical context, some of the essays in this volume illuminate the larger patterns of discrimination and the sometimes surprising capacity of the courts of the day to respond to racism. A number of the contributors explore the implications of reparations claims for relations between the various branches of government while others examine the difficult questions such claims raise in both legal and political theory by placing the claims in a comparative or philosophical perspective.
Calling Power to Account suggests 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.
- Division: Scholarly Publishing
- World Rights
- Page Count: 450 pages
- Dimensions: 5.4in x 0.6in x 8.5in
Author InformationDavid Dyzenhaus is a professor in the Faculty of Law and the Department of Philosophy at the University of Toronto.
Mayo Moran is an associate professor in the Faculty of Law at the University of Toronto.
Table of contents
Preface and Acknowledgments
Context and History
Mack v. Attorney General of Canada: Equality, History, and Reparation
David Dyzenhaus and Mayo Moran
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
Anthony J. Sebok
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
Subjects and Courses