Essays in the History of Canadian Law: Nova Scotia
This third volume of Essays in the History of Canadian Law presents thoroughly researched, original essays in Nova Scotian legal history. An introduction by the editors is followed by ten essays grouped into four main areas of study. The first is the legal system as a whole: essays in this section discuss the juridical failure of the Annapolis regime, present a collective biography of the province's superior court judiciary to 1900, and examine the property rights of married women in the nineteenth century. The second section deals with criminal law, exploring vagrancy laws in Halifax in the late nineteenth century, aspects of prisons and punishments before 1880, and female petty crime in Halifax.
The third section, on family law, examines the issues of divorce from 1750 to 1890 and child custody from 1866 to 1910. Finally, two essays relate to law and the economy: one examines the Mines Arbitration Act of 1888; the other considers the question of private property and public resources in the context of the administrative control of water in Nova Scotia.
- Series: Osgoode Society for Canadian Legal History
- World Rights
- Page Count: 388 pages
- Dimensions: 6.0in x 0.8in x 8.9in
Reviews'The appearance of Volume III with its focus on the legal history of Nova Scotia represents an important new contribution, both because of its differing perspectives from eastern Canada and because the new volume aptly demonstrates the increasing scope of legal history that has occurred over the past decade in Canada ... As a series of essays on the regional legal history of Nova Scotia, this volume is exceptional; as a microcosm of the issues that need to be researched and analysed — questions about law reform, about criminal law and punishment, about families and family life, and about law and the economy — this volume is a contribution to a more textured understanding of Canadian legal history as a whole.'
Mary Jane Mossman
The Canadian Bar Review
'The essays are thus an important manifestation of the "new" legal history and open up many insights and avenues for both the Canadian legal historian and the comparativist. Most striking, however, is the coherent picture of the scope and role of the legal order in nineteenth century Nova Scotia that begins to emerge.'
L. Kinvin Wroth
American Review of Canadian Studies
'A major contribution to both regional and national historiography.'
Author InformationPhilip Girard is a professor at Osgoode Hall Law School, York University.
Jim Phillips is a professor in the faculty of law at the University of Toronto.
Table of contents
Table of Contents
The Legal System: An Overview
2. 'The Dayly Cry for Justics': The Juridical Failure of the Annapolis Royal Regime, 1713-1749
3. The Superior Court Judiciary of Nova Scotia, 1754- 1900: A Collective Biography
4. Married Women's Property, Chancery Abolition, and Insolvency Law: Law Reform in Nova Scotia, 1820-1867
The Criminal Law in Society
5. Poverty, Unemployment, and the Administration of the Criminal Law: Vagrancy Laws in Halifax, 1864-1890
6. From Bridewell to Federal Penitentiary: Prisons and Punishment in Nova Scotia before 1880
7. Raised in Rockhead. Died in the Poor House': Female Petty Criminals in Halifax, 1864-1890
Woman, The Family, and the Law
8. Divorce in Nova Scotia, 1750-1890
9. Child Custody and Divorce: A Nova Scotia Study, 1866-1910
Law and Economy
10. The Mines Arbitration Act, 1888: Compulsory Arbitration in Context
11. From Private Property to Public Resource: The Emergence of Administration Control of Water in Nova Scotia
Subjects and Courses