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Law and Society
The Grand Experiment

The Grand Experiment

Law and Legal Culture in British Settler Societies

Edited by Hamar Foster, Benjamin L. Berger and A.R. Buck

Published by: University of British Columbia Press

Series: Law and Society

Imprint: UBC Press

416 Pages, 152.00 × 229.00 mm, 8 b&w photos, 5 tables, 2 maps

Paperback
9780774814928
Published: July 2009

£28.99

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Hardcover
9780774814911
Published: October 2008

£84.00

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Description
Contents
Authors

The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.

Foreword

Introduction: Does Law Matter? The New Colonial Legal History / Benjamin L. Berger, Hamar Foster, and A.R. Buck

Part 1: Authority at the Boundaries of Empire

1 Libel and the Colonial Administration of Justice in Upper Canada and New South Wales, c. 1825-30 / Barry Wright

2 The Limits of Despotic Government at Sea / Bruce Kercher

3 One Chief, Two Chiefs, Red Chiefs, Blue Chiefs: Newcomer Perspectives on Indigenous Leadership in Rupert's Land and the North-West Territories / Janna Promislow

4 Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales / Ian Holloway, Simon Bronitt, and John Williams

5 Sometimes Persuasive Authority: Dominion Case Law and English Judges, 1895-1970 / Jeremy Finn

Part 2: Courts and Judges in the Colonies

6 Courts, Communities, and Communication: The Nova Scotia Supreme Court on Circuit, 1816-50 / Jim Phillips and Philip Girard

7 Fame and Infamy: Two Men of the Law in Colonial New Zealand / David V. Williams

8 Moving in an "Eccentric Orbit": The Independence of Judge Algernon Sidney Montagu in Van Diemen's Land, 1833-47 / Stefan Petrow

9 "Not in Keeping with the Traditions of the Cariboo Courts": Courts and Community Identity in Northeastern British Columbia, 1920-50 / Jonathan Swainger

Part 3: Property, Politics, and Petitions in Colonial Law

10 Starkie's Adventures in North America: The Emergence of Libel Law / Lyndsay M. Campbell

11 The Law of Dower in New South Wales and the United States: A Study in Comparative Legal History / A.R. Buck and Nancy E. Wright

12 Contesting Prohibition and the Constitution in 1850s New Brunswick / Greg Marquis

13 From Humble Prayers to Legal Demands: The Cowichan Petition of 1909 and the British Columbia Indian Land Question / Hamar Foster and Benjamin L. Berger

Afterword: Looking from the Past into the Future / John P.S. McLaren

Notes

Selected Bibliography

Index

Hamar Foster is a professor of law at the University of Victoria. Benjamin L. Berger an assistant professor of law at the University of Victoria. A.R. Buck is a professor of law and Co-Director of the Centre for Comparative Law, History and Governance at Macquarie University, Australia.

Contributors: Simon Bronitt, Lyndsay M. Campbell, Jeremy Finn, Philip Girard, Ian Holloway, Bruce Kercher, Greg Marquis, John P.S. McLaren, Stefan Petrow, Jim Phillips, Janna Promislow, Jonathan Swainger, David V. Williams, John Williams, Barry Wright, and Nancy E. Wright