Suchergebnisse

This article focuses on musings and silences in the margins of Canadian Chief Justice William Osgoode's late-eighteenth-century law library, to understand the role he assigned to Westminster-based imperial law in the transmission of British justice to the colonies. It concludes that this role was limited, mostly by Osgoode's greater commitment of time and energy to legislative and executive branches of government than to the judiciary, and by his sometimes cavalier impatience with English courts and legal commentators.

AbstractThis is a 'will-in-context' study of a Toronto bequest of the 1880s that shows how a testator's ideological commitment to freedom of willing and his retention of high-powered legal talent to actualize that commitment were derailed by a hapless or avaricious executor, unpredictable real-estate markets, a lethargic court, and eccentric beneficiaries. It also suggests that self-made private law like contracts, trusts, and wills may be as doctrinally, textually, or administratively contradictory, indeterminate, or unpredictable as state-made public or regulatory law has often been shown to be.

"As the leading legal historian of his generation in Canada and professor at McGill University for thirty-five years, Blaine Baker (1952–2018) was known for his unique personality, teaching style, intellectual cosmopolitanism, and deep commitment to the place of Canadian legal history in the curriculum of law faculties. Written by fifteen historians, Law, Life, and the Teaching of Legal History examines important themes in Canadian legal history through the prism of Baker's career. A first group of essays discusses Baker's own research, his influence within McGill's law faculty, his complex personality, and the relationship between the private and the public in the life of a university intellectual at the turn of the twenty-first century. Additional essays, inspired by topics Baker took up in his own writing, use Baker's broad interests in legal culture to reflect on fundamental themes across Canadian legal history, including legal education, gender and race, technology, nation building and national identity, criminal law and marginalized populations, and constitutionalism. Law, Life, and the Teaching of Legal History offers contemporary analysis of Canadian legal history and thoughtfully engages with what it means to honour one individual's enduring legacy in the study of law."--

Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate

Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate