Calling Power to Account: Law, Reparations, and the Chinese Canadian Head tax

David Dyzenhaus, Mayo Moran

© 2005

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.

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Product Details

  • Division: Scholarly Publishing
  • World Rights
  • Page Count: 450 pages
  • Dimensions: 6.0in x 1.1in x 9.0in
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  • PUBLISHED OCT 2005

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Quick Overview

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.

Calling Power to Account: Law, Reparations, and the Chinese Canadian Head tax

David Dyzenhaus, Mayo Moran

© 2005

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.

Continue Reading Read Less

Product Details

  • Division: Scholarly Publishing
  • World Rights
  • Page Count: 450 pages
  • Dimensions: 6.0in x 1.1in x 9.0in
  • Author Information

    David 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
    Contributors


    Context and History
    Mack v. Attorney General of Canada: Equality, History, and Reparation
    David Dyzenhaus and Mayo Moran
    Litigating Injustice
    Avvy Go
    Legal Discrimination against the Chinese in Canada: The Historical Framework
    Constance Backhouse
    Can We Do Wrong to Strangers?
    Audrey Macklin
    The Head Tax Case and the Rule of Law: The Historical Thread of Judicial Resistance to 'Legalized' Discrimination
    John McLaren

    Limits on Institutional Capacity to Address Injustice
    The Limits of Constitutionalism: Requiring Moral Behaviour from Government
    Mary Eberts
    Delivering the Goods and the Good: Repairing Moral Wrongs
    Catherine Lu
    Rights and Wrongs, Institutions and Time: Species of Historic Injustice and Their Modes of Redress
    Jeremy Webber
    Redress for Unjust State Action: An Equitable Approach to the Public/Private Distinction
    Lorne Sossin

    Legal Theory and Gross Statutory Injustice
    Gross Statutory Injustice and the Canadian Head Tax Case
    Julian Rivers
    The Juristic Force of Injustice
    David Dyzenhaus

    Private Right and Public Wrong
    The Timing of Injustice
    Lionel Smith
    Mack v. Attorney General of Canada and the Structure of the Action in Unjust Enrichment
    Dennis Klimchuk
    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
    Mayo Moran

    Appendix I: Appellants' Factum
    Appendix II: Mack v. Attorney General of Canada - Judgment of the Ontario Court of Appeal
    Index