Essays in the History of Canadian Law

The collected essays in this volume represent the highlights of legal historical scholarship in Canada today. All of the essays refer back in some form to Risk?s own work in the field.

G. BLAINE BAKER is a professor in the Faculty of Law, McGill University. Jim Phillips is a professor in the Faculty of Law and Department of History and the director of the Centre of Criminology at the University of Toronto.

Foreword

ix

Acknowledgments

xi

Special Acknowledgment

xiii

Contributors

xv

Richard C.B. Risk: A Tribute

3

(14)

Robert W. Gordon

David Sugarman

R.C.B. Risk's Canadian Legal History

17

(44)

G. Blaine Baker

'Your Conscience Will Be Your Own Punishment': The Racially Motivated Murder of Gus Ninham, Ontario, 1902

61

(54)

Constance Backhouse

Ontario Water Quality, Public Health, and the Law, 1880-1930

115

(27)

Jamie Benidickson

'The Modern Spirit of the Law': Blake, Mowat, and the Breaches of Contract Act, 1877

142

(29)

Paul Craven

A Romance of the Lost: The Role of Tom MacInnes in the History of the British Columbia Indian Land Question

171

(42)

Hamar Foster

Taking Litigation Seriously: The Market Wharf Controversy at Halifax, 1785-1820

213

(28)

Philip Girard

'Our Arctic Brethren': Canadian Law and Lawyers as Portrayed in American Legal Periodicals, 1829-1911

241

(40)

Bernard J. Hibbitts

Conservative Insurrection: Great Strikes and Deep Law in Cleveland, Ohio, and London, Ontario, 1898-1899

281

(54)

R. W. Kostal

Gooderham & Worts: A Case Study in Business Organization in Nineteenth-Century Ontario

335

(23)

C. Ian Kyer

The Sacred Rights of Property: Title, Entitlement, and the Land Question in Nineteenth-Century Prince Edward Island

358

(40)

Margaret E. McCallum

Race and the Criminal Justice System in British Columbia, 1892-1920: Constructing Chinese Crimes

398

(45)

John McLaren

Power, Politics, and the Law: The Place of the Judiciary in the Historiography of Upper Canada

443

(26)

Peter Oliver

The Criminal Trial in Nova Scotia, 1749-1815

469

(43)

Jim Phillips

'The Disquisitions of Learned Judges': Making Manitoba Lawyers, 1885-1931

512

(49)

W. Wesley Pue

The Law of Evolution and the Evolution of the Law: Mills, Darwin, and Late-Nineteenth-Century Legal Thought

561

(22)

Robert Vipond

Georgina Feldberg

R.C.B. Risk Bibliography

583

(4)

Publications of the Osgoode Society

587

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Essays in the History of Canadian Law

Summary

Author Biography

Table of Contents

Supplemental Materials

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Essays in the History of Canadian Law

Summary

Author Biography

Table of Contents

Supplemental Materials

Digital License