Jurisprudence and general issues Books
University of British Columbia Press Negotiating Responsibility
Book SynopsisThe meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases.Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which comTrade Review"The scholarship is both extensive and rigorous. This book will make a pioneering and important contribution to Canadian historiography and social science in the area of mental disorder and justice. - Michael Petrunik, Department of Criminology, University of Ottawa"Table of ContentsPreface1 Introduction2 The Making and Mapping of Capital Murder Case Files3 Criminological Thinking and Ways of “Knowing” the Criminal4 Negotiating Responsibility in Law’s “Marketplace”: Beyond the Insanity Defence5 The Racialization of Criminal Responsibility6 Murder between “Wives” and “Husbands”7 Concluding ThoughtsAppendicesNotesBibliography
£73.95
University of British Columbia Press Law and Citizenship Legal Dimensions
Book SynopsisThe essays this volume provide a framework for analyzing citizenship in an increasingly globalized world by addressing a number of fundamental questions.Table of ContentsPrefaceAcknowledgments1 Introduction: Thinking about Citizenship and Law in an Era of Change / Jane Jenson2 Exile on Main Street: Popular Discourse and Legal Manoeuvres around Citizenship / Audrey Macklin3 Home and Away: The Construction of Citizenship in an Emigration Context / Kim Barry4 Multinational Citizenship: Practical Implications of a Theoretical Model / Siobhan Harty and Michael Murphy5 The Crisis of the Welfare State and the Demise of Social Citizenship? A Sociolegal Perspective / Michel Coutu6 Dis-citizenship / Richard Devlin and Dianne Pothier7 Connecting Economy, Gender, and Citizenship / Mary Condon and Lisa PhilippsContributorsIndex
£73.95
University of British Columbia Press Law and Citizenship
Book SynopsisThe essays this volume provide a framework for analyzing citizenship in an increasingly globalized world by addressing a number of fundamental questions.Table of ContentsPrefaceAcknowledgments1 Introduction: Thinking about Citizenship and Law in an Era of Change / Jane Jenson2 Exile on Main Street: Popular Discourse and Legal Manoeuvres around Citizenship / Audrey Macklin3 Home and Away: The Construction of Citizenship in an Emigration Context / Kim Barry4 Multinational Citizenship: Practical Implications of a Theoretical Model / Siobhan Harty and Michael Murphy5 The Crisis of the Welfare State and the Demise of Social Citizenship? A Sociolegal Perspective / Michel Coutu6 Dis-citizenship / Richard Devlin and Dianne Pothier7 Connecting Economy, Gender, and Citizenship / Mary Condon and Lisa PhilippsContributorsIndex
£25.19
University of British Columbia Press Defining Rights and Wrongs
Book SynopsisHuman rights complaints attract a great deal of public interest, but what is going on below the surface? When people contact a human rights lawyer, how do they think about and use human rights discourse? How are complaints turned into cases? Can administrative systems be both effective and fair? Defining Rights and Wrongs investigates the day-to-day practices of low-level officials and intermediaries as they construct domestic human rights complaints. It identifies the values that a human rights system should uphold if it is to promote mutual respect and foster the personal dignity and equal rights of citizens.Trade ReviewIt is a short book … but one which punches beyond its weight … She firmly grounds the debate about human rights and their domestic enforcement in her analysis of the empirical data and the social reality of public administration … Her book is an admirable and pithy contribution which offers much to those interested in human rights, discrimination, public administration and administrative justice. -- Simon Halliday, University of Strathclyde * Law and Politics Book Review, Vol. 18, No.4 *Table of ContentsAcknowledgmentsIntroduction1 An Overview of Public Administration of Human Rights Enforcement in Canada2 The Roles of Frontline Staff and Independent Lawyers in the Public Administration of Human Rights Enforcement3 Transforming Human Rights Complaints into Cases4 Publics, Counterpublics, and the Public InterestConclusionAppendix: Excerpts from the Ontario Human Rights CodeNotes; Bibliography; Index
£73.95
University of British Columbia Press Indigenous Legal Traditions
Book SynopsisThe essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments.Trade ReviewIndigenous Legal Traditions explores the role of Indigenous law both within the context of the Canadian legal system, and as an independent structure. This collection of essays offers five different perspectives on the nature of Aboriginal legal traditions ... The essays echo themes of reconciliation, autonomy and identity. The concept of decolonization appears repeatedly, as the authors search for ways to free traditional legal systems from the oppressive and restrictive colonial structure ... Given the wide range of debate on these important issues, readers will find the book a relevant and insightful look into the role, significance, and future of Indigenous legal systems. -- Sarah Burningham * Saskatchewan Law Review, Vol. 71, 2008 *Table of ContentsPreface Introduction: Aboriginal Legal Traditions – Which Way Out of Colonialism? / Andrée Lajoie1 “Getting to a Better Place”: Qwi:qwelstóm, the Stó:lo, and Self-Determination / Ted Palys and Wenona Victor2 An Apology Feast in Hazelton: Indian Residential Schools, Reconciliation, and Making Space for Indigenous Legal Traditions / Paulette Regan3 Reconciliation without Respect? Section 35 and Indigenous Legal Orders / Minniwaanagogiizhigook (Dawnis Kennedy)4 Legal Processes, Pluralism in Canadian Jurisprudence, and the Governance of Carrier Medicine Knowledge / Perry Shawana5 Territoriality, Personality, and the Promotion of Aboriginal Legal Traditions in Canada / Ghislain OtisContributorsIndex
£65.25
MN - University of British Columbia Press Let Right Be Done
Book SynopsisIn the early 1970s, many questioned whether Aboriginal title existed in Canada and rejected the notion that Aboriginal peoples should have rights different from those of other citizens. But in 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law.Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the BC Indian land question.Trade Review"Let Right Be Done is an invaluable collection of insightful essays on a crucial legal case that profoundly affected, and continues to influence, Canadian law. - J.R. (Jim) Miller, author, Reflections on Native-Newcomer Relations: Selected Essays. This important book reminds us of the courage and determination of the Nisga'a people. The late Frank Calder held an unwavering belief in justice and, with his accomplished counsel, Thomas Berger, Q.C., broke the trail for indigenous legal claims in Canada. Let Right Be Done is of acute interest to all who want to understand the contemporary recognition of Aboriginal title, specialist and general reader alike. - Honourable Judge Mary Ellen Turpel-Lafond, Representative for Children and Youth of British Columbia"Table of Contents1 The Calder Decision, Aboriginal Title, Treaties, and the Nisga’a / Christina Godlewska and Jeremy WebberPart 1: Reflections of the Calder Participants2 Frank Calder and Thomas Berger: A Conversation3 Reminiscences of Aboriginal Rights at the Time of the Calder Case and Its Aftermath / Honourable Gérard V. La ForestPart 2: Historical Background4 We Are Not O’Meara’s Children: Law, Lawyers, and the First Campaign for Aboriginal Title in British Columbia, 1908–28 / Hamar Foster5 Then Fight For It: William Lewis Paul and Alaska Native Land Claims / Stephen HaycoxPart 3: Calder and Its Implications6 Calder and the Representation of Indigenous Society in Canadian Jurisprudence / Michael Asch7 A Taxonomy of Aboriginal Rights / Brian Slattery8 Judicial Approaches to Self-Government since Calder: Searching for Doctrinal Coherence / Kent McNeilPart 4: International Impact9 Customary Rights and Crown Claims: Calder and Aboriginal Title in Aotearoa New Zealand / David V. Williams10 The Influence of Canadian and International Law on the Evolution of Australian Aboriginal Title / Garth NettheimPart 5: The Future11 Let Obligations Be Done / John Borrows12 Closing Thoughts: Final Remarks from Iona Campagnolo, Lance Finch, Joseph Gosnell, and Frank CalderAppendicesNotes; Bibliography; Index
£73.95
University of British Columbia Press Reaction and Resistance
Book SynopsisThe image of backlash is pervasive in contemporary debates about the impact of second-wave feminism on law and policy. But does it really explain the resistance to feminist initiatives for social change in contemporary culture?In this timely volume, contributors from various disciplines analyze reaction and resistance to feminism in several areas of law and policy child custody, child poverty, sexual harassment, and sexual assault and in a number of institutional sites, such as courts, legislatures, families, the mainstream media, and the academy. Collectively, their studies paint a more complicated, often contradictory, picture of feminism, law, and social change than the popular image of backlash suggests.Reaction and Resistance offers feminists and other activists empirically grounded knowledge that can be used to develop legal and political strategies for change.Trade ReviewReaction and Resistance adds to the extant critical and feminist theorizing about the workings of social movements and counter-movements. Their research provides empirically grounded knowledge that feminists and other social activists can draw on in developing new legal and political strategies…. The contributors, taken together, bring an interdisciplinary, historically informed approach to the analysis of feminism, law, and social change. The chapters provide exemplars of the complete range of issues that feminists have addressed. They build on and expand the existing work and synthesize knowledge about the dynamics and impacts of feminist social movements. -- SirReadaLot, February 2008This text provides an analysis of the resistance to feminism evident in the Courts, government, media and academia. As a result of these views, a wide range of social ills have been allowed to proliferate including child poverty, sexual harassment and sexual assault. […] The book is a well organized outline of what remains to be done, and what can be done, to achieve equality between men and women. -- Ronald F. MacIsaac, Verdict, Issue 116, March 2008Table of ContentsAcknowledgments1 Feminism, Law, and Social Change: An Overview / Dorothy E. Chunn, Susan B. Boyd, and Hester LessardPart 1: Media Representations of Feminism, Anti-Racism, and Their Counter-Movements2 “Take It Easy Girls”: Feminism, Equality, and Social Change in the Media / Dorothy E. Chunn3 Virtual Backlash: Representations of Men’s “Rights” and Feminist “Wrongs” in Cyberspace / Robert Menzies4 Imperial Longings, Feminist Responses: Print Media and the Imagining of Nationhood after 9/11 / Sunera ThobaniPart 2: Sexual Terrains: Criminal Law and the Campus5 The Discursive Disappearance of Sexualized Violence: Feminist Law Reform, Judicial Resistance, and Neo-liberal Sexual Citizenship / Lise Gotell6 Backlash in the Academy: The Evolution of Campus Sexual Harassment Regimes / Hester LessardPart 3: Familial Identities and Neo-Liberal Reform7 Feminism, Fathers’ Rights, and Family Catastrophes: Parliamentary Discourses on Post-Separation Parenting, 1966-2003 / Susan B. Boyd and Claire F.L. Young8 Child-Centred Advocacy and the Invisibility of Women in Poverty Discourse and Social Policy / Wanda Wiegers9 Challenging Heteronormativity? Reaction and Resistance to the Legal Recognition of Same-Sex Partnerships / Claire F.L. Young and Susan B. BoydContributorsIndex
£73.95
University of British Columbia Press Reaction and Resistance Feminism Law and Social
Book SynopsisAnalyzes late 20th-century responses to feminism, and asks: to what extent does the concept of backlash accurately explain reactions to feminism over time? This book offers feminists and other activists empirically grounded knowledge that can be used to develop legal and political strategies for change.Trade ReviewReaction and Resistance adds to the extant critical and feminist theorizing about the workings of social movements and counter-movements. Their research provides empirically grounded knowledge that feminists and other social activists can draw on in developing new legal and political strategies…. The contributors, taken together, bring an interdisciplinary, historically informed approach to the analysis of feminism, law, and social change. The chapters provide exemplars of the complete range of issues that feminists have addressed. They build on and expand the existing work and synthesize knowledge about the dynamics and impacts of feminist social movements. -- SirReadaLot, February 2008This text provides an analysis of the resistance to feminism evident in the Courts, government, media and academia. As a result of these views, a wide range of social ills have been allowed to proliferate including child poverty, sexual harassment and sexual assault. […] The book is a well organized outline of what remains to be done, and what can be done, to achieve equality between men and women. -- Ronald F. MacIsaac, Verdict, Issue 116, March 2008Table of ContentsAcknowledgments1 Feminism, Law, and Social Change: An Overview / Dorothy E. Chunn, Susan B. Boyd, and Hester LessardPart 1: Media Representations of Feminism, Anti-Racism, and Their Counter-Movements2 “Take It Easy Girls”: Feminism, Equality, and Social Change in the Media / Dorothy E. Chunn3 Virtual Backlash: Representations of Men’s “Rights” and Feminist “Wrongs” in Cyberspace / Robert Menzies4 Imperial Longings, Feminist Responses: Print Media and the Imagining of Nationhood after 9/11 / Sunera ThobaniPart 2: Sexual Terrains: Criminal Law and the Campus5 The Discursive Disappearance of Sexualized Violence: Feminist Law Reform, Judicial Resistance, and Neo-liberal Sexual Citizenship / Lise Gotell6 Backlash in the Academy: The Evolution of Campus Sexual Harassment Regimes / Hester LessardPart 3: Familial Identities and Neo-Liberal Reform7 Feminism, Fathers’ Rights, and Family Catastrophes: Parliamentary Discourses on Post-Separation Parenting, 1966-2003 / Susan B. Boyd and Claire F.L. Young8 Child-Centred Advocacy and the Invisibility of Women in Poverty Discourse and Social Policy / Wanda Wiegers9 Challenging Heteronormativity? Reaction and Resistance to the Legal Recognition of Same-Sex Partnerships / Claire F.L. Young and Susan B. BoydContributorsIndex
£26.99
University of British Columbia Press Defining Harm
Book SynopsisIn the past several years religion has increasingly become an integral component of discussions about diversity and multiculturalism in Canada. Of particular concern has been the formulation of limits on religious freedom. Defining Harm explores the ways in which religion and religious freedom are conceptualized and regulated in a cultural context of fear of the other and religious extremism.Drawing from literature on risk society, governance, feminist legal theory, and religious rights, Lori Beaman looks at the case of Jehovah's Witness Bethany Hughes who was denied her right to refuse treatment on the basis of her religious conviction. The B.H. case, as it was known in the courts, reflects a particular moment in the socio-legal treatment of religious freedom and reveals the specific intersection of religious, medical, legal, and other discourses in the governance of the religious citizen.A powerful examination of the governance of a religious citizeTable of ContentsPrefaceAcknowledgments1 Introduction: The Culture of Fear and the Risk Paradigm2 Body, Mind, and Soul: The Notion of Governance3 Risk and Excess4 A Free and Informed Will5 Conclusion: Governmentality, Risk, and Religious FreedomNotesReferencesIndex
£73.95
University of British Columbia Press Defining Harm
Book SynopsisIn the past several years religion has increasingly become an integral component of discussions about diversity and multiculturalism in Canada. Of particular concern has been the formulation of limits on religious freedom. Defining Harm explores the ways in which religion and religious freedom are conceptualized and regulated in a cultural context of fear of the other and religious extremism.Drawing from literature on risk society, governance, feminist legal theory, and religious rights, Lori Beaman looks at the case of Jehovah's Witness Bethany Hughes who was denied her right to refuse treatment on the basis of her religious conviction. The B.H. case, as it was known in the courts, reflects a particular moment in the socio-legal treatment of religious freedom and reveals the specific intersection of religious, medical, legal, and other discourses in the governance of the religious citizen.A powerful examination of the governance of a religious citizeTable of ContentsPrefaceAcknowledgments1 Introduction: The Culture of Fear and the Risk Paradigm2 Body, Mind, and Soul: The Notion of Governance3 Risk and Excess4 A Free and Informed Will5 Conclusion: Governmentality, Risk, and Religious FreedomNotesReferencesIndex
£26.99
University of British Columbia Press Protection of First Nations Cultural Heritage
Book SynopsisA companion to "First Nations Cultural Heritage and Law". It looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. It examines legal and extralegal avenues for reform, including ethics codes, research protocols, institutional policies, human rights law, and First Nation legal orders.Trade Review"This book makes a major contribution to the field by demonstrating the multifaceted nature of cultural heritage issues, and the intersections of domestic, international, and First Nations law that are pivotal to understanding and resolving such issues. - Rebecca Tsosie, author of American Indian Law: Native Nations and the Federal System"Table of ContentsPreface: Towards Reconciliation / Darlene JohnstonIntroduction / Catherine Bell and Robert K. PatersonPart 1: Repatriation and Trade1 Restructuring the Relationship: Domestic Repatriation and Canadian Law Reform / Catherine Bell 2 International Movement of First Nations Cultural Heritage in Canadian Law / Catherine Bell and Robert K. Paterson3 The Protection and Repatriation of Indigenous Cultural Heritage in the United States / James NafzigerPart 2: Heritage Sites and Ancestral Remains4 Ancestral Remains in Institutional Collections: Proposals for Reform / Robert K. Paterson5 Unsitely: The Eclectic Regimes that Protect Aboriginal Cultural Places in Canada / Bruce Ziff and Melodie Hope6 Policies and Protocols for Archeological Sites and Associated Cultural Intellectual Property / George P. NicholasPart 3: Intangible Heritage7 The Interconnection of Intellectual Property and Cultural Property ("Traditional Knowledge") / Robert G. Howell and Roch Ripley8 First Nations Cultural Heritage Concerns: Prospects for Protection of Traditional Knowledge and Traditional Cultural Expressions in International Law / Rosemary J. Coombe9 Non-Legal Instruments for the Protection of Intangible Cultural Heritage: Key Roles for Ethical Codes and Community Protocols / Kelly BannisterPart 4: Human Rights and First Nations Law10 Indigenous Cultural Heritage Rights in International Human Rights Law / Mohsen al Attar, Nicole Aylwin, and Rosemary J. Coombe11 From Time Immemorial: The Recognition of Aboriginal Customary Law in Canada / Norman Zlotkin12 Looking beyond the Law: Questions about Indigenous Peoples' Tangible and Intangible Property / Val NapoleonConcluding Thoughts and Fundamental Questions / Michael AschAppendixIndex
£26.99
University of British Columbia Press The Grand Experiment
Book SynopsisReveals how local life and culture in selected colonies interacted with the rule of law that accompanied the British colonial project. This book presents an account of the 'incomplete implementation of the British constitution' in the colonies. It explores themes of legal translation, local understandings, and judicial biography.Trade Review"This collection of essays by Canada's and Australasia's most accomplished legal historians is a "must" for academic libraries and those who share these scholars' interest in the legal culture of the British colonial world. - Peter Karsten, author of Between Law and Custom: "High" and "Low" Legal Cultures in the Lands of the British Diaspora, 1600-1900.Table of ContentsForewordIntroduction: Does Law Matter? The New Colonial Legal History / Benjamin L. Berger, Hamar Foster, and A.R. BuckPart 1: Authority at the Boundaries of Empire1 Libel and the Colonial Administration of Justice in Upper Canada and New South Wales, c. 1825-30 / Barry Wright2 The Limits of Despotic Government at Sea / Bruce Kercher3 One Chief, Two Chiefs, Red Chiefs, Blue Chiefs: Newcomer Perspectives on Indigenous Leadership in Rupert’s Land and the North-West Territories / Janna Promislow4 Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales / Ian Holloway, Simon Bronitt, and John Williams5 Sometimes Persuasive Authority: Dominion Case Law and English Judges, 1895-1970 / Jeremy FinnPart 2: Courts and Judges in the Colonies6 Courts, Communities, and Communication: The Nova Scotia Supreme Court on Circuit, 1816-50 / Jim Phillips and Philip Girard7 Fame and Infamy: Two Men of the Law in Colonial New Zealand / David V. Williams8 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. Campbell11 The Law of Dower in New South Wales and the United States: A Study in Comparative Legal History / A.R. Buck and Nancy E. Wright12 Contesting Prohibition and the Constitution in 1850s New Brunswick / Greg Marquis13 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. McLarenNotes Selected Bibliography Index
£73.95
University of British Columbia Press The Grand Experiment
Book SynopsisFeatures essays that reflect the different directions in which legal history in the settler colonies of the British Empire has developed. This title shows 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.Table of ContentsForewordIntroduction: Does Law Matter? The New Colonial Legal History / Benjamin L. Berger, Hamar Foster, and A.R. BuckPart 1: Authority at the Boundaries of Empire1 Libel and the Colonial Administration of Justice in Upper Canada and New South Wales, c. 1825-30 / Barry Wright2 The Limits of Despotic Government at Sea / Bruce Kercher3 One Chief, Two Chiefs, Red Chiefs, Blue Chiefs: Newcomer Perspectives on Indigenous Leadership in Rupert’s Land and the North-West Territories / Janna Promislow4 Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales / Ian Holloway, Simon Bronitt, and John Williams5 Sometimes Persuasive Authority: Dominion Case Law and English Judges, 1895-1970 / Jeremy FinnPart 2: Courts and Judges in the Colonies6 Courts, Communities, and Communication: The Nova Scotia Supreme Court on Circuit, 1816-50 / Jim Phillips and Philip Girard7 Fame and Infamy: Two Men of the Law in Colonial New Zealand / David V. Williams8 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. Campbell11 The Law of Dower in New South Wales and the United States: A Study in Comparative Legal History / A.R. Buck and Nancy E. Wright12 Contesting Prohibition and the Constitution in 1850s New Brunswick / Greg Marquis13 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. McLarenNotes Selected Bibliography Index
£26.99
University of British Columbia Press Aboriginal Title and Indigenous Peoples
Book SynopsisOffers a perspective on Aboriginal title and land rights that extends beyond national borders and the contemporary context to consider historical developments in common law countries.Trade ReviewThe book is a major contribution to the widespread controversies over how the contemporary state and minority peoples/nations within it can come to an enduring rapprochement…the editors and contributors have produced a volume that should be on the bookshelf of every serious scholar studying Aboriginal issues. -- Alan Cairns * BC Studies, Winter 2011 *This collection offers a welcome contribution to the growing literature on comparative Indigenous rights frameworks…it should help stimulate further thinking that crosses national and disciplinary borders while addressing issues of interest to the Great Plains. -- Dwight Newman, University of Saskatchewan * Great Plains Research, Vol 21, No 1 *Table of ContentsIntroduction. “This Is Our Land”: Aboriginal Title at Customary and Common Law in Comparative Contexts / Louis A. KnaflaPart 1: Sovereignty, Extinguishment, and Expropriation of Aboriginal Title1 From the US Indian Claims Commission Cases to Delgamuukw: Facts, Theories, and Evidence in North American Land Claims / Arthur Ray2 Social Theory, Expert Evidence, and the Yorta Yorta Rights Appeal Decision / Bruce Rigsby3 Law’s Infidelity to Its Past: The Failure to Recognize Indigenous Jurisdiction in Australia and Canada / David Yarrow4 The Defence of Native Title and Dominion in Sixteenth-Century Mexico Compared with Delgamuukw / Haijo Westra5 Beyond Aboriginal Title in Yukon: First Nations Land Registries / Brian BallantynePart 2: Native Land, Litigation, and Indigenous Rights6 The “Race” for Recognition: Toward a Policy of Recognition of Aboriginal Peoples in Canada / Paul L.A.H. Chartrand7 The Sources and Content of Indigenous Land Rights in Australia and Canada: A Critical Comparison / Kent McNeil8 Common Law, Statutory Law, and the Political Economy of the Recognition of Indigenous Australian Rights in Land / Nicolas Peterson9 Claiming Native Title in the Foreshore and Seabed / Jacinta Ruru10 Waterpower Developments and Native Water Rights Struggles in the North American West in the Early Twentieth Century: A View from Three Stoney Nakoda Cases / Kenichi MatsuiConclusion. Power and Principle: State-Indigenous Relations across Time and Space / Peter W. HutchinsSelected Bibliography; General Index; Index of Cases; Index of Statutes, Treaties, and Agreements
£26.99
MN - University of British Columbia Press Colonial Proximities Crossracial Encounters and
Book SynopsisColonial Proximities traces the encounters between aboriginal peoples, mixed-race populations, Chinese migrants, and Europeans in late-nineteenth- and early-twentieth-century British Columbia.Trade Review"This book offers fascinating new perspectives on the roots of Canadian racism. Moving beyond traditional narratives of Aboriginal-European contact and Chinese-European relations, Renisa Mawani probes the unsettled landscape of cross-racial encounters between "indians" and "Chinese" in BC history. She deftly captures the frenzied anxieties that whites harboured over ungovernable mixed-race activities, and brilliantly dissects the renewed state racisms that were born of such encounters. - Constance Backhouse, University of Ottawa"Table of Contents1 Introduction: Heterogeneity and Interraciality in British Columbia’s Colonial “Contact Zone”2 The Racial Impurities of Global Capitalism: The Politics of Labour, Interraciality, and Lawlessness in the Salmon Canneries3 (White) Slavery, Colonial Knowledges, and the Rise of State Racisms4 National Formations and Racial Selves: Chinese Traffickers and Aboriginal Victims in British Columbia's Illicit Liquor Trade5 “The Most Disreputable Characters”: Mixed-Bloods, Internal Enemies, and Imperial FuturesConclusion: Colonial Pasts, Entangled Presents, and Promising FuturesNotesBibliographyIndex
£25.19
University of British Columbia Press The Canadian Yearbook of International Law Vol.
Book SynopsisThis is the forty-seventh volume of The Canadian Yearbook of International Law, which contains articles of lasting significance in the field of international legal studies.Table of ContentsArticlesPushing the Boundaries: Rethinking International Law in Light of Cosmopolitan Obligations to Developing Countries / Graham MayedaLe traitement jurisprudentiel du traffic de migrants en droit comparé: Un désaveu des dispositions legislatives canadiennes / Louis-Philippe JannardWhere Precision Is the Aim: Locating the Targeted Killing Policies of the United States and Israel within International Humanitarian Law / Michael ElliotTrading Away Women’s Rights: A Feminist Critique of the Canada-Colombia Free Trade Agreement / Gregg ErauwThe Protracted Bargain: Negotiating the Canada-China Foreign Investment Promotion and Protection Agreement / Justin CarterNotes and CommentsPoursuivre le génocide, les crimes contre l’humanité et les crimes de guerre au Canada: une analyse des éléments des crimes à la lumière de l’affaire Munyaneza / Fannie LafontaineSearching for Accountability: The Draft UN International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies / Benjamin PerrinThe Definition of Damage Resulting from Transboundary Movements of Living Modified Organisms in Light of the Cartagena Protocol on Biosecurity / Juan-Francisco Escudero EspinosaDigest of International EconomicLaw in 2008Commerce / Richard OuelletLe Canada et le système financier international en 2008 / Bernard ColasInvestissement / Céline LévesqueCanadian Practice in International LawAt the Department of Foreign Affairs in 2008-9 / compiled by Alan KesselParliamentary Declarations in 2008-9 / compiled by Alexandra LogvinTreaty Action Taken by Canada in 2008 / compiled by Jaqueline CaronCasesCanadian Cases in Public International Law in 2008-9 / compiled by Gibran van ErtCanadian Cases in Private International Law in 2008-9 / compiled by Joost BlomBook ReviewsIndexes
£136.00
University of British Columbia Press Oral History on Trial Recognizing Aboriginal
Book SynopsisThis compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence argues for the inclusion of Aboriginal oral histories in Canadian courts, and pushes for a reconsideration of the Crown's approach to oral history.Trade ReviewOral History on Trial is a long overdue and important book with huge potential to shift the debates concerning the role of Indigenous oral histories and their narrators in the Canadian courts and beyond. -- Wendy Wickwire, The Johns Hopkins University Press * Journal of Colonialism and Colonial History, Vol. 14 No. 3 *Table of ContentsPrefaceAcknowledgmentsIntroduction1 Issues in Law and Social Science2 The Social Life of Oral Narratives3 Aboriginal and Other Perspectives4 Court and Crown5 The Way Forward? An Anthropological View6 ConclusionsReferencesIndex
£23.39
University of British Columbia Press Conflict in Caledonia
Book SynopsisA powerful account of how land disputes reflect complex and often competing understandings of law, landscape, and identity among First Nations and non-Aboriginal people in Canada.Table of ContentsIntroduction1 “Rule of Law”2 Places to Grow3 “Us” and “Them”4 A History of Sovereignty5 In Search of Justice6 Constitutional TerritoryConclusionAppendix 1: Key personsAppendix 2: Timeline of eventsNotesBibliographyIndex
£25.19
University of British Columbia Press The Canadian Yearbook of International Law Vol.
Book SynopsisThis is the forty-eighth volume of The Canadian Yearbook of International Law, the first volume of which was published in 1963.Table of ContentsArticlesObeying Restraints: Applying the Plea of Superior Orders to Military Defendants before the International Criminal Court / Christopher K. PennyThe Rogue Civil Airliner and International Human Rights Law: An Argument for a Proportionality of Effects Analysis within the Right to Life / Robin F. HolmanRegional Arrangements and the Maintenance of International Peace and Security: The Role of the African Union Peace and Security Council / Charles Riziki MajingeLes piliers économique et environnemental du développement durable: conciliation ou soutien mutuel? L’éclairage apporté par la Cour internationale de Justice dans l’Affaire des Usines de pâte à papier sur le fleuve Uruguay (Argentine c Uruguay) / Géraud de Lassus Saint-GenièsNotes and CommentsDoes the Charter Float? The Application of the Canadian Charter of Rights and Freedoms to Canada’s Policing of High Seas Fisheries / Drew TylerThe International Court of Justice’s Kosovo Case: Assessing the Current State of International Legal Opinion on Remedial Secession / Daniel H. MeesterDigest of International Economic Law in 2009Commerce / Richard OuelletLe Canada et le système financier international en 2009 / Bernard ColasInvestissement / Céline LévesqueCanadian Practice in International LawAt the Department of Foreign Affairs and International Trade in 2009–10 / compiled by Alan KesselParliamentary Declarations in 2010-11 / compiled by Alexandra LogvinTreaty Action Taken by Canada in 2009 / compiled by Jacqueline CaronCasesCanadian Cases in Public International Law in 2009–10 / compiled by Gib van ErtCanadian Cases in Private International Law in 2010 / compiled by Joost BlomBook ReviewsIndexes
£140.25
University of British Columbia Press Brokering Access
Book SynopsisDrawing together the perspectives of social scientists, journalists, and ATI advocates, Brokering Access explores the policies and practices surrounding access to information in Canada, highlighting the struggle between the public’s desire for transparency and the government’s culture of secrecy.Table of ContentsForeword / Ann CavoukianIntroduction: On the Politics of Access to Information / Mike Larsen and Kevin WalbyPart 1: Access to Information, Past and Present1 Sustaining Secrecy: Executive Branch Resistance to Access to Information in Canada / Ann Rees2 Access Regimes: Provincial Freedom of Information Law across Canada / Gary DicksonPart 2: Behind Closed Doors -- Security and Information Control3 Flying the Secret Skies: Difficulties in Obtaining Data on Canadian Airport Security Screening Tests Following 9/11 / Jim Bronskill4 Access to Information in an Age of Intelligencized Governmentality / Willem de Lint and Reem Bahdi5 Accessing Dirty Data: Methodological Strategies for Social Problems Research / Yavar Hameed and Jeff MonaghanPart 3: Access to Information and Critical Research Strategies6 The Freedom of Information Act as a Methodological Tool: Suing the Government for Data / Matthew G. Yeager7 “He who controls the present, controls the past”: The Canadian Security State’s Imperfect Censorship under the Access to Information Act / Steve Hewitt8 Behind the Blue Line: Using ATI in Researching the Policing of Aboriginal Activism / Tia Dafnos9 Accessing the State of Imprisonment in Canada: Information Barriers and Negotiation Strategies/ Justin Piché10 Accessing Information on Streetscape Video Surveillance in Canada / Sean P. HierPart 4: Dispatches from the Fourth Estate -- Access to Information and Investigative Journalism11 Access, Administration, and Democratic Intent / Fred Vallance-Jones12 Access to Information: The Frustrations -- and the Hope / David McKie13 The Quest for Electronic Data: Where Alice Meets Monty Python Meets Colonel Jessep / Jim RankinPostscript / Suzanne LegaultIndex
£73.80
University of British Columbia Press The Canadian Yearbook of International Law Vol.
Book SynopsisTable of ContentsArticlesThe Canada–China FIPPA: Its Uniqueness and Non-Reciprocity / Gus van HartenMore Honey Than Vinegar: Peer Review as a Middle Ground between Universalism and National Sovereignty / Elvira Domínguez-Redondo and Edward R. McMahonLa révision de 2012 de l’Accord de l’OMC sur les marchés publics: Son contexte et les dimensions de son champ d’application / Philippe PelletierNuclear Non-Proliferation and “Preventive Self-Defence”: Why Attacking Iran Would Be Illegal / Patrick C.R. Terry and Karen S. OpenshawRenewable Energy and Trade: Interpreting against Fragmentation / Maureen IrishNotes and Comments / Notes et commentairesThe Scottish Independence Referendum in an International Context / Jure VidmarDoes International Criminal Law Create Humanitarian Law Obligations? The Case of Exclusively Non-State Armed Conflict under the Rome Statute / Alain-Guy Tachou-SipowoDigest of Inter-American Law in 2013 / Chronique de droit interamericain en 2013Les développements en droit interaméricain pour l’année 2013 / Bernard Duhaime et Elise HansburyDigest of International Economic Law in 2013 / Chronique de droit international économique en 2013Commerce / Hervé A. PrinceInvestissement / Charles-Emmanuel CôtéCanadian Practice in International Law / Pratique canadienne en matière de droit internationalAt the Department of Foreign Affairs, Trade and Development in 2013 / Au ministère des Affaires étrangères, Commerce et Développement en 2013 / compiled by / préparé par Bill CrosbieParliamentary Declarations in 2013 / Déclarations parlementaires en 2013 / compiled by / préparé par Alexandra LogvinTreaty Action Taken by Canada in 2013 / Mesures prises par le Canada en matière de traités en 2013 / compiled by / préparé par Gary LutonCases / JurisprudenceCanadian Cases in Public International Law in 2013 / Jurisprudence canadienne en matière de droit international public en 2013 / compiled by / préparé par Gib van Ert, Greg J. Allen, and / et Rebecca RobbCanadian Cases in Private International Law in 2013 / Jurisprudence canadienne en matière de droit international privé en 2013 / compiled by / préparé par Joost BlomBook Reviews / Recensions de livresAnalytical Index / Index analytiqueIndex of Cases / Index de la jurisprudence
£140.25
University of British Columbia Press Who Controls the Hunt
Book SynopsisAs the nineteenth century ended, Ontario wildlife became increasingly valuable. Tourists and sport hunters spent growing amounts of money in search of game, and the government began to extend its regulatory powers in this arena. Restrictions were imposed on hunting and trapping, completely ignoring Anishinaabeg hunting rights set out in the Robinson Treaties of 1850. Who Controls the Hunt? examines how Ontario's emerging wildlife conservation laws failed to reconcile First Nations treaty rights and the power of the state. David Calverley traces the political and legal arguments prompted by the interplay of treaty rights, provincial and dominion government interests, and the corporate concerns of the Hudson's Bay Company. A nuanced examination of Indigenous resource issues, the themes of this book remain germane to questions about who controls the hunt in Canada today.Trade ReviewWho Controls the Hunt… is an important resource providing a clear and lucid historical context as Canada and the provinces continue to wrestle with this question. -- Tracie Lea-Scott, Heriot-Watt University, Dubai * British Journal of Canadian Studies *Calverley provides a detailed description of key events and conflicts that surround First Nations harvesting rights, wildlife conservation, and management in Ontario during this period. -- Arlana Bennett (Redsky) * Native American and Indigenous Studies *"…this book is a welcome addition to the historiography of the difficult relationship between provincial wildlife conservation policies and Indigenous peoples in Canada." -- Mathieu Arsenault, University of Montreal * Ontario Historical Society Review *I would go as far as heavily recommending [this book] as a means of gaining a deeper, more nuanced understanding of hunting, fishing, and conservation policy in Ontario, Canada and abroad. -- Robert Flewelling, University of Guelph * Scientia Canadensis *Who Controls the Hunt? is a valuable case study to which readers can bring as much as they take – and one I will remember each spring as we gather up the rods, the regulations, and the resident and non-resident permits we need to spend another season on the water. -- Darcy Ingram, Selkirk College * Network in Canadian History and Environment *Table of ContentsForeword / Graeme WynnIntroduction1 First Nations Hunting Activity in Upper Canada and the Robinson Treaties, 1783–18502 Ontario’s Game Laws and First Nations, 1800–19053 First Nations, the Game Commission, and Indian Affairs, 1892–19094 Traders, Trappers, and Bureaucrats: The Hudson’s Bay Company and Wildlife Conservation in Ontario, 1892–19165 The Transitional Indian: Duncan Campbell Scott and the Game Act, 1914–206 R. v. Padjena: Local Pressure and Treaty Hunting Rights in Ontario, 1925–317 R. v. Commanda, 1937–39EpilogueAppendices; Notes; Bibliography; Index
£999.99
University of British Columbia Press Parole in Canada
Book SynopsisJust as Canada's population has changed in the past four decades, so too has its prison population. The increasing diversity among prisoners raises important questions about how we punish those who break the law. Parole in Canada is the first book to explore how concerns about Aboriginality, gender, and the multicultural ideal of diversity have been interpreted and used to alter federal parole policy and practice.Using the Parole of Board of Canada as a case study, this book shows how certain facets of offender differences are selectively included for accommodation, while fundamental institutional structures, practices, and power arrangements remain unchanged. Sarah Turnbull argues that, as the current approach fails to challenge outdated notions about gender, race, and aboriginality within the penal system, instead of addressing concerns around diversity, these measures end up contributing to further exclusion and discrimination within the system.Trade ReviewSarah Turnbull’s book is an important and timely qualitative addition to the field of law and justice ... Turnbull masterfully explains the intersections between the Canadian federal parole system and race, gender, Aboriginal status and identity without oversimplifying this complex issue. Parole in Canada is a highly accessible text that should find its way into every law, social justice and multiculturalism course. -- Katelan Dunn, Conestoga College * LSE Review of Books *Table of ContentsIntroduction1 Putting Gender, Race, and Culture on the Penal Agenda2 Responding to Diversity: Organizational Approaches to Managing Difference3 In Pursuit of “Appropriate” Decisions: Racialized and Gendered Knowledges within Training and Risk Assessment4 Cultural Ghettos? Organizational Responses to Aboriginal Peoples5 Discourses of Difference: Constituting the “Ethnocultural” Offender6 Conceptual Silos and the Problem of GenderConclusionNotes; References; Index
£69.70
University of British Columbia Press Uncertain Accommodation
Book SynopsisIn 1982, after decades of determined mobilization by Aboriginal groups and their allies, the government of Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use constitutionally enshrined group rights to protect and accommodate subnational groups within their borders. Decades later, however, almost no one is happy with the current state of Aboriginal rights in Canada, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong.Dimitrios Panagos argues that the failure of Canada's Aboriginal rights jurisprudence is ultimately rooted in our inability to agree on what aboriginality means. Through incisive analysis of judicial decisions, legal submissions, and academic debates, he reveals the plurality of conceptions of aboriginality put forth over the past three decades and shows how the vision of AboriginalTrade ReviewThis book is highly recommended for professionals, scholars, and graduate students or simply for those interested in understanding how the state handles identity and group-related rights. -- E. Acevedo, California State University, Los Angeles * CHOICE *…Panagos succeeds in giving the intricate and controversial topic of aboriginality thorough treatment in a concise manner. Uncertain Accommodation generates interesting discussion that accommodates all readers, regardless of legal expertise … [This book] adds to the literature by providing a balanced and sophisticated analysis of where Canadian jurisprudence went wrong regarding the definition of Aboriginal rights, and what can be done to improve the situation. -- Braeden Pivnick * Saskatchewan Law Review *Table of ContentsIntroduction1 The Historical and Legal Framework for Section 352 Competing Approaches and Conceptualizations of Aboriginality 3 The Case for a Relational Approach4 The Nation-to-Nation, Colonial, and Citizen-State Approaches5 Submissions to the Court6 What the Justices Said7 Aboriginal Rights Jurisprudence and Identity Contestation8 A Problematic Conception of RightsConclusionNotesReferencesIndex
£66.30
University of British Columbia Press Uncertain Accommodation
Book SynopsisIn 1982, after decades of determined mobilization by Aboriginal groups and their allies, the government of Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use constitutionally enshrined group rights to protect and accommodate subnational groups within their borders. Decades later, however, almost no one is happy with the current state of Aboriginal rights in Canada, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong.Dimitrios Panagos argues that the failure of Canada's Aboriginal rights jurisprudence is ultimately rooted in our inability to agree on what aboriginality means. Through incisive analysis of judicial decisions, legal submissions, and academic debates, he reveals the plurality of conceptions of aboriginality put forth over the past three decades and shows how the vision of AboriginalTrade ReviewThis book is highly recommended for professionals, scholars, and graduate students or simply for those interested in understanding how the state handles identity and group-related rights. -- E. Acevedo, California State University, Los Angeles * CHOICE *…Panagos succeeds in giving the intricate and controversial topic of aboriginality thorough treatment in a concise manner. Uncertain Accommodation generates interesting discussion that accommodates all readers, regardless of legal expertise … [This book] adds to the literature by providing a balanced and sophisticated analysis of where Canadian jurisprudence went wrong regarding the definition of Aboriginal rights, and what can be done to improve the situation. -- Braeden Pivnick * Saskatchewan Law Review *Table of ContentsIntroduction1 The Historical and Legal Framework for Section 352 Competing Approaches and Conceptualizations of Aboriginality 3 The Case for a Relational Approach4 The Nation-to-Nation, Colonial, and Citizen-State Approaches5 Submissions to the Court6 What the Justices Said7 Aboriginal Rights Jurisprudence and Identity Contestation8 A Problematic Conception of RightsConclusionNotesReferencesIndex
£22.79
University of British Columbia Press Truth and Conviction
Book SynopsisA passionate account of how one man’s fight against racism and injustice transformed the criminal justice system and galvanized the Mi’kmaw Nation’s struggle for self-determination, forever changing the landscape of Indigenous rights in Canada and around the world.Table of ContentsIntroduction1 Meki o’pla’lusnaq | A Great Wrong: The Wrongful Conviction2 Melgwisgat | Nightmare: Prison and Freedom3 Koqwaja’taqn | To Do the Right Thing: The Royal Commission4 Ilsutekek | To Make Right: Recommendations and Outcomes5 L’nuwey Tplutaqan | L’nu Law: Mi’kmaw Legal Principles6 Munsi sapa’l’k | Struggle to Survive: Mi’kmaw Justice Initiatives7 Najiwsgeieg | We Go Fishing: In Search of a Livelihood8 Nijkitekek | That Which Heals: Restorative Justice9 I’l’oqaptmu’k | Revisiting for Renewal: Mi’kmaw Legal Consciousness TodayMi’ walatl | Thankful ForNotes; References and Further Reading; Index
£23.39
University of British Columbia Press Flawed Precedent
Book SynopsisThis illuminating account of the St. Catherine's case of the 1880s reveals the erroneous assumptions and racism inherent in judgments that would define the nature and character of Aboriginal title in Canadian law and policy for almost a century.Table of ContentsIntroduction: Judicial Precedent and Indigenous Rights1 The Political and Ideological Context of the 1880s2 The Historical Context3 The Factual Background, Cause of Action, and Evidence4 Chancellor Boyd’s Trial Decision5 The Ontario Court of Appeal Decision6 The Supreme Court of Canada Judgments7 Lord Watson’s Privy Council Decision8 The Decision’s Impact and the Debate over Indigenous Land Rights in British Columbia9 The Modern Case LawConclusion: A Lesson in Judicial PrecedentNotes; Bibliographic Essay; Index of Cases; Index
£58.65
University of British Columbia Press Flawed Precedent The St. Catherines Case and
Book SynopsisThis illuminating account of the St. Catherine’s case of the 1880s reveals the erroneous assumptions and racism inherent in judgments that would define the nature and character of Aboriginal title in Canadian law and policy for almost a century.Table of ContentsIntroduction: Judicial Precedent and Indigenous Rights1 The Political and Ideological Context of the 1880s2 The Historical Context3 The Factual Background, Cause of Action, and Evidence4 Chancellor Boyd’s Trial Decision5 The Ontario Court of Appeal Decision6 The Supreme Court of Canada Judgments7 Lord Watson’s Privy Council Decision8 The Decision’s Impact and the Debate over Indigenous Land Rights in British Columbia9 The Modern Case LawConclusion: A Lesson in Judicial PrecedentNotes; Bibliographic Essay; Index of Cases; Index
£22.79
University of British Columbia Press Bead by Bead
Book SynopsisBead by Bead lays bare the failure of judicial doctrine and government policy to address Métis rights, and offers constructive insights on ways to advance reconciliation.Table of ContentsForeword / Tony BelcourtIntroduction / Yvonne Boyer, Larry Chartrand, and Wanda McCaslin1 Métis Identity Captured by Law: Struggles over Use of the Category Métis in Canadian Law / Sébastien Grammond2 Recognition and Reconciliation: Recent Developments in Métis Rights Law / Thomas Isaac3 Shifting the Status Quo: The Duty to Consult and the Métis of British Columbia / Christopher Gall and Brodie Douglas4 The Resilience of Métis Title: Rejecting Assumptions of Extinguishment / Adam Gaudry and Karen Drake5 Where Are the Women? Analyzing the Three Métis Supreme Court of Canada Decisions / Brenda L. Gunn6 Manitoba Metis Federation and Daniels: "Post-Legal" Reconciliation and Western Métis / Jeremy Patzer7 Colonial Ideologies: The Denial of Métis Political Identity in Canadian Law / D’Arcy Vermette8 Métis Aboriginal Rights: Four Legal Doctrines / Darren O’Toole9 Suzerainty, Sovereignty, Jurisdiction: The Future of Métis Ways / Signa A. Daum ShanksAfterword / Yvonne Boyer and Larry ChartrandIndex
£25.19
University of British Columbia Press Beyond Rights The Nisgaa Final Agreement and the
Book SynopsisBeyond Rights examines the legal, political, and cultural implications of the groundbreaking process of negotiating the Nisga’a treaty.Trade Review...Beyond Rights provides a compelling account for why, despite their flaws, the modern treaties are important to the future of reconcilitation in Canada and ought to have the attention of all Canadians. -- Joshua Nichols, McGill University * BC Studies *Table of ContentsIntroduction1 We Have Always Made Laws: Defending the Right to Self-Government2 Aboriginal Title, Fee Simple, and Dead Capital: Property in Translation3 Treaty Citizenship: Negotiating beyond Inclusion4 The Treaty Relationship: Reconciliation and Its DiscontentsConclusionNotes; References; Index
£62.90
University of British Columbia Press Beyond Rights The Nisgaa Final Agreement and the
Book SynopsisBeyond Rights examines the legal, political, and cultural implications of the groundbreaking process of negotiating the Nisga’a treaty.Trade Review...Beyond Rights provides a compelling account for why, despite their flaws, the modern treaties are important to the future of reconcilitation in Canada and ought to have the attention of all Canadians. -- Joshua Nichols, McGill University * BC Studies *Table of ContentsIntroduction1 We Have Always Made Laws: Defending the Right to Self-Government2 Aboriginal Title, Fee Simple, and Dead Capital: Property in Translation3 Treaty Citizenship: Negotiating beyond Inclusion4 The Treaty Relationship: Reconciliation and Its DiscontentsConclusionNotes; References; Index
£23.39
University of British Columbia Press The Laws and the Land
Book SynopsisAs the settler state of Canada expanded into Indigenous lands, settlers dispossessed Indigenous people and undermined their sovereignty as nations. One site of invasion was Kahnawà:ke, a Kanien'kehá:ka community and part of the Rotinonhsiónni confederacy. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; the establishment of modern Kahnawà:ke in the context of French imperial claims; intensifying colonial invasions under British rule; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. What Daniel Rück describes is an invasion spearheaded by bureaucrats, Indian agents, politicians, surveyors, and entrepreneurs. This original, meticulously researched book is deeply connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralisTrade ReviewAs someone who has been teaching Indigenous studies courses for almost a decade... I would recommend this book to anyone interested in the Indigenous history of Canada... I have no doubt that it will become a regularly cited work, but it is also written in such a away that members of the general public should find it not only accessible, but also interesting. -- Daniel Sims, University of Northern British Columbia * Canadian Journal of History *Daniel Rück presents a richly detailed and sophisticated history of land use rights and ownership on the Kahnawa:ke reserve over the course of a century. He is thoroughly impressive in his articulation of the many ways in which Indigenous and European laws are both at odds and, at times, complimentary. -- Bill Parenteau, University of New Brunswick * NiCHE *Table of ContentsIntroduction1 Kahnawà:ke and Canada: Relationships of Laws and Lands2 “Whereas the Seigniory of Sault St. Louis Is the Property of the Iroquois Nation”: Dissidents, Property, and Power, 1790–18153 “Out of the beaten track”: Before the Railroad, 1815–504 “In What Legal Anarchy Will Questions of Property Soon Find Themselves”: The Era of Confederation, 1850–755 “The Consequences of This Promiscuous Ownership”: Wood and the Indian Act, 1867–18836 “Equal to an Ordnance Map of the Old Country”: The Walbank Survey, 1880–937 “It is Necessary to Follow the Custom of the Reserve Which is Contrary to Law”: Rupture and Continuity, 1885–1900ConclusionNotes; Bibliography; Index
£31.50
University of British Columbia Press Constitutional Crossroads
Book SynopsisFour decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, CoTable of ContentsIntroduction: Complex Legacies: The Promise, Challenges, and Impact of the Constitution Act, 1982 / Emmett Macfarlane and Kate Puddister Part 1: Institutional Relationships 1 The Political Purposes of the Charter: Four Decades Later / Mark S. Harding 2 Revisiting Judicial Activism / Emmett Macfarlane 3 Revisiting the Charter Centralization Thesis / Gerald Baier 4 Autochthony and Influence: The Charter’s Place in Transnational Constitutional Discourse / Mark Tushnet 5 It Works in Practice, but Does It Work in Theory? Accepting the Canadian Charter of Rights and Freedoms as a National Symbol / Andrew McDougall 6 Charter Talk: How Canadian Media Cover Rights and Politics / Erin Crandall, Andrea Lawlor, and Kate Puddister 7 Notwithstanding the Media: Section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides Part 2: Charter Rights 8 Policing Partisan Self-Interest? The Charter and Election Law in Canada / Tamara A. Small 9 The Most Important Charter Right? The Rise and Future of Section 7 / Matthew Hennigar 10 Sex Work, Abjection, and the Constitution / Brenda Cossman 11 Carter Compliance: Litigating for Access to Medical Assistance in Dying in Canada / Eleni Nicolaides 12 The Charter and the RCMP / Kent Roach 13 The Charter of Whites: Systemic Racism and Critical Race Equality in Canada / Joshua Sealy-Harrington 14 Canada’s Sex Problem: Section 15 and Women’s Rights / Kerri A. Froc 15 Quebec and the “Sign Law” Thirty Years after Ford and Devine: Ford Construit Solide / James B. Kelly 16 Language Rights and the Charter: Forging the Next Forty Years / Stéphanie Chouinard 17 The Provincial Courts of Appeal and Section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell Part 3: Reconciliation 18 Canadians’ Homeland Has Changed since Patriation Brought the Constitution Home / Peter H. Russell 19 Indigenous Rights and the Constitution Act, 1982: Forty Years On and Still Fishing for Rights / Jeremy Patzer and Kiera Ladner 20 Using the Master’s Institutional Instruments to Dismantle the Master’s Goal of Indigenous-Rights Certainty / Rebecca Major and Cynthia Stirbys 21 Beyond Consultation: A Research Agenda to Investigate Partnerships and Comanagement in Land Governance / Minh Do 22 Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus: The Unended Quest of Canada’s Original Hedgefox / Samuel V. LaSelva Part 4: Constitutional Change 23 The Invisible Transformation of Canada’s Constitutional Amendment Rules / Richard Albert 24 Still Not Cheering: Understanding Quebec’s Perspective on 1982 / Félix Mathieu and Dave Guénette 25 Cracks in the Foundation: The Crown and Canada’s Constitutional Architecture / Philippe Lagassé 26 The Urban Gap / Ran Hirschl Index
£69.70
John Wiley & Sons Moral Leadership The Theory and Practice of Power Judgement and Policy
Book SynopsisThis book features preeminent scholars from a variety of disciplines. Through a variety of different perspectives, this book provides an overview of the field of moral leadership, focusing on issues such as its definition and importance, the factors that influence its exercise, and strategies for promoting it.Trade Review"Material that needs to be widely read - urgently." (Long Range Planning, 40/2007)Table of ContentsIntroduction: Where Is the Leadership in Moral Leadership? (Deborah L. Rhode). Part One: Ethical Judgment. 1. Making Sense of Moral Meltdowns (David Luban). 2. Three Practical Challenges of Moral Leadership (Joshua Margolis, Andrew Molinsky). 3. Ethical Judgment and Moral Leadership: Three Barriers (David Messick). 4. Morals for Public Officials (Russell Hardin). Part Two: The Psychology of Power. 5. The Psychology of Power: To the Person? To the Situation? To the System? (Philip G. Zimbardo). 6. Taming Power (David G. Winter). 7. Power and Moral Leadership (Dacher Keltner, Carrie A. Langner, Maria Logli Allison). Part Three: Self-Sacrifice and Self-Interest. 8. Orchestrating Prosocial Motives (C. Daniel Batson). 9. Self-Sacrifice and Self-Interest: Do Ethical Values Shape Behavior in Organizational Settings? (Tom R. Tyler). Part Four: Serving the Public Through the Public Sector: Accountability of Nonprofit Organizations. 10. Strategic Philanthropy and Its Malcontents (Paul Brest). 11. Ethics and Philanthropy (Bruce Sievers). Part Five: Moral Leadership: Perspectives and Implications. 12. Exercising Moral Courage: A Developmental Agenda (Linda A. Hill). 13. Perspectives on Global Moral Leadership (Kirk O. Hanson). Notes. Acknowledgments. About the Authors. Index.
£45.00
Cornell University Press Constitutional Originalism
Book SynopsisProblems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called originalism. The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a living Constitution that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appelTrade ReviewIn their new book, Lawrence Solum and Robert Bennett build state-of-the-art cases for the two main schools of constitutional interpretation. Each contributes a generous essay presenting the merits of his own approach and offering a thoughtful rebuttal to the other's argument. If you’ve been seeking a concise introduction to the central debate in American constitutional theory, this is the book for you. -- Gerald J. Russello * City Journal *Solum and Bennett have produced a valuable book, particularly for students unfamiliar with the originalism versus 'living Constitution' debate and the literature it has spawned.... Rather than rehash their theoretical differences, the debaters thoughtfully weigh each other's arguments and acknowledge common ground, particularly regarding the limits of originalism in times of political or moral crisis and, more generally, the use of precedent in judicial interpretation.... This is an excellent resource; it includes an outstanding bibliography, and the authors discuss most of the true classics and key scholars in the field of constitutional interpretation. Summing up: Highly recommended. * Choice *Table of ContentsPrefaceWe Are All Originalists Now Lawrence B. Solum What Is Originalism? Should We Be Originalists? Originalism and Living ConstitutionalismOriginalism and the Living American Constitution Robert W. Bennett Originalism and Living Constitutionalism Wrestling with the Troubles of Originalism Implications for Living Constitutionalism Living with a Living Constitution The Failure of Originalism as RestraintLiving with Originalism A Response by Lawrence B. Solum Can Original Meaning Constrain? The Levels-of-Generality Pseudoproblem The Role of Values in Constitutional Construction Dead Hands Transitions and Precedent Original Intent Revisited Originalism and PoliticsAre We All Living Constitutionalists Now? A Response by Robert W. Bennett The Interpretive Role of Nonoriginalism in Solum's Scheme Extent of Liveliness in Solum's Constitutional Law and Bennett’s Normative Choices in Interpretation Ordinary or Technical Meaning The Limits of Constraint Based on LanguageNotes Suggested Readings Index
£25.19
MB - Cornell University Press Labor Guide to Labor Law
Book SynopsisA comprehensive survey of labor law in the private sector, written from the labor perspective for labor relations students and for unions and their members, now in its fifth edition.Trade ReviewLabor Guide to Labor Law admirably covers the highly complex field of labor law. * Labor Relations Law *This book is a well-written, concise, and understandable tool by which the layperson can gain a serious understanding of the legal aspects of contemporary labor relations. * Arbitration Journal *Table of ContentsPreface About the Fifth Edition How to Find a Case: A Guide to Basic Case Resources and Understanding Case and Statutory Citation FormatsChapter 1. Federal Regulation of Labor-Management Relations: A Statutory and Structural Overview Chapter 2. The Collective Bargaining Unit and Representation Elections Chapter 3. Union Organizing Rights and Election Campaigns Chapter 4. Protection of Employees' Rights to Concerted Activity and to Support Unions Chapter 5. The Duty to Bargain Chapter 6. Strikes, Striker Rights, and Lockouts Chapter 7. Picketing, Boycotts, and Related Activity Chapter 8. Union Regulation of Work and the Antitrust Laws: Hot Cargo Agreements, Jurisdictional Disputes, and Featherbedding Chapter 9. Enforcement of Collective Bargaining Agreements and the Duty to Arbitrate Chapter 10. Union Membership and Union Security Chapter 11. Rights and Responsibilities of Union Members Chapter 12. The Duty of Fair Representation Chapter 13. Unlawful Employer Relationships with Unions Chapter 14. Equal Employment Opportunity Chapter 15. Federal-State Relationships in Labor RelationsAnswers to Review QuestionsAbout the Authors Index
£71.10
Cornell University Press Making All the Difference
Book SynopsisMartha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability.Trade ReviewIn a work that evidences both powerful analytic skills and a compassionate regard for the problems devalued persons confront in their daily lives, Minow makes it incontrovertibly clear that the legal issues she explores are social and moral issues as well. Her book is a masterful example of the demythologizing of law; it should be of great interest not only to sociologists who study the legal system, but also to all those whose work focuses on stigmatizing processes and stigmatized populations. -- Edwin M. Schur * Contemporary Sociology *Minow wants to change our understanding of difference, to dislodge the oppressive meaning of difference as deviance from the norm and challenge the unstated reference point by which difference is defined. Much of Minow's book is devoted to tracing the intellectual origins of the social relations approach. Her wide-ranging summary of intellectual trends, from deconstruction to interpretative anthropology to pragmatism in philosophy, invest the social relations approach with a rich history. -- Martha Chamallas * Signs *Minow's thesis challenges the very basis of legal reasoning. Categorical thinking, she admits, may even be a psychological imperative to simplify a complex world. But she argues persuasively the a society that takes the problem of inequality seriously must abandon trying to fit people into categories and instead make decisions based on the complexity of our social problems. -- Debbie Ratterman * Off Our Backs *
£27.54
University of Toronto Press Detention Before Trial
Book SynopsisDetention before trial has been one of the most neglected areas in the whole administration of criminal justice. In the past, attention has been focussed almost exclusively on detention after trial (i.e. sentencing), which touches the lives of significantly fewer persons than detention before trial. There has been no previous examination in Canada of the utility or effectiveness of its operation. This study will fill an important need by documenting statistically the extent and nature of custody before trial in the Toronto Magistrates' Courts, where the overwhelming majority of citizens charged with criminal offences in the Toronto area are tried. Although the study is primarily directed at practices before trial in Toronto, many of these practices can be found in other cities throughout North America.Specific areas of importance which were investigated here include the use of the summons; the extent to which accused persons are detained in custody both before and after the f
£18.89
University of Toronto Press In the Grip of Freedom
Book SynopsisFaith in the utility and value of legal rights forms the political common sense of our age. With its profound breadth and insight into the modern condition, Max Weber's social and political thought is widely considered to be the most influential of the era. Legal phenomena play a centre-stage role in his account of the development of the West and the rationalism of modern social arrangements.Cary Boucock's In the Grip of Freedom examines the relationship between Max Weber's "Sociology of Law" and his interpretation of the structure and meaning of modern society. Weber's social and political thought is investigated in the context of developments in Canada which have followed the 1982 enactment of the Canadian Charter of Rights and Freedoms-namely, the movement toward a rights-oriented nation where broad social issues are routed through the courts, and the political self-understanding of the citizen becomes increasingly tied to a conception of the individual as a right
£26.99
Stanford University Press Law and Local Society in Late Imperial China
Book SynopsisThis study of northern Taiwan during the period 1840-1895 explores the social significance of the traditional Chinese legal system and investigates how individuals utilized the courts to resolve criminal and civil disputes.Trade Review"This remarkable study breaks new ground to describe and analyze how Taiwan's legal system worked at the community level. It will be an important reference for understanding how Taiwan society evolved under late imperial rule."—China Quarterly"With fascinating accounts of facts and law, Allee draws a tantalizing sketch of riches for future researchers." —Journal of Asian HistoryTable of Contents1. Introduction: history and law; 2. Danshui and Xinhu during the Qing dynasty: the geographical and historical context; 3. The frontier heritage; 4. Land relations; 5. The export economy; 6. Lineage division and inheritance disputes; 7. The petition; 8. Search and arrest: the warrant; 9. Hearing and verdict; 10. Conclusion: law and society.
£55.80
Stanford University Press Law Justice and Power
Book SynopsisThis volume provides different disciplinary and cultural perspectives on the ethical and political ramifications of the incommensurable yet inextricable relationships among law, justice, and power.Trade Review"...Cheng does a superb job, at the outset, of summarizing and explaining the major concepts and issues..." -- Law and Politics Book Review
£25.19
Stanford University Press Habermas
Book SynopsisThis book offers a critical analysis of the complex theory of law and democracy developed by celebrated German philosopher and public intellectual Jürgen Habermas.Trade Review"The great merit of Hugh Baxter's book is not just that it assesses Habermas's legal philosophy against the background of his more general social theory but that it provides a sophisticated assessment of both aspects of Habermas's program. This is not just a good book on Habermas's theory of law but also contains the best discussion of Habermas's theory of system and lifeworld that I have encountered." -- Joseph Heath * University of Toronto Law Journal *"Baxter's own predilection is to reconfigure Habermas's project as a more porous version of Niklas Luhmann's autopoietic systems theory. With attention to Talcott Parsons, Frank Michelman, Ronald Dworkin, John Rawls, and particularly Luhmann, Baxter contributes an immanent and comparative critique of Habermas." -- G. D. Miller * CHOICE *"A must read for all those interested in an exposition of Jürgen Habermas's fundamental contribution to legal scholarship." -- David M. Rasmussen * Boston College *"A clear, well-judged, and cool assessment of Jürgen Habermas and his debates with Niklas Luhmann, two giants of twentieth-century social theory." -- Tim Murphy * The London School of Economics and Political Science *"Baxter's study offers the first extended discussion of the development of Habermas's views on law and society—a development not without its own tensions and difficulties—from The Theory of Communicative Action to Between Facts and Norms. It also highlights the underacknowledged influence of Niklas Luhmann, the other great contemporary German legal and social theorist, on Habermas's views as a whole. An informed and important contribution to our understanding of Habermas's political, legal, and social theory." -- Kenneth Baynes * Syracuse University *
£52.20
Stanford University Press Law as PunishmentLaw as Regulation
Book SynopsisLaw depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law''s physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state''s enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercTrade Review"This book's broad range of approaches to the relationship between punishment and regulation is refreshing and engaging. There are no works that offer anything like the variety that this collection offers. The diversity of views, and the consequent appreciation of the complexity of the issues, makes this a truly valuable addition to the literature."—Carol Steiker, Harvard Law School"This is one of the best collections of essays I have encountered. The intersections between the pieces make it a truly exceptional resource. It will be a standard in the field."—Keally McBride, University of San Francisco
£56.10
Stanford University Press Engaging the Law in China
Book SynopsisThis book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.Trade Review"This remarkable, perspective-setting study of the evolutions in Chinese law and its place in a changing society [is] highly beneficial. One can only strongly encourage this type of research, whose multidisciplinary ambitions allow us to grasp, if not in its entirety, at least certain important aspects of a process that tends to make the law the best ally of an emerging social justice."—China Perspectives"Engaging the Law in China successfully spans the gap between different approaches to Chinese legal studies, and I hope we will see more along this line in the future. This book is highly recommended"—The China Journal"This book is an intrepid and worthy entry into the literature examining China's rapidly developing legal institutions, and especially laudable as a precedent for future investigations into the topic."Cambridge Law Journal"Their Diamant, Lubman, OBrien insights into the roles played by regulators, mediators, arbitrators, police, prosecutors, judges, legislators, and other local government and Communist Party officials leave no doubt that, however limited, imperfect and distinctive Chinas legal processes may be, there is a legal system at work in the P.R.C. and it is ever more important to the polity, economy and society of 1.3 billion people."—Far Eastern Economic Review"Engaging the Law in China heralds a rich set of findings in a promising field of study. It not only serves as an important benchmark for future research on the law in contemporary China but also for studies of Chinese state-society relations, past and present. This volume will make an important addition to any course considering these issues."—The China Quarterly"[T]his book is a valuable contribution to research on contemporary China. It can and should be read by individuals with a specific interest in Chinese legal studies, as well as by those with a general interest in state-society relations in the Chinese context."—Perspectives on Politics"This important book offers glimpses of this tension between state instrumentalism and social idealism and will be an invaluable addition to the growing literature on Chinese law."—Pacific Affairs"By exploring the means through which Chinese law is used by diverse groups against a multitude of parties, the authors of this work offer a refreshing outlook on the advancement of citizen's rights in China."—China Review International"This book truly stands alone as most of its chapters are not written by scholars with legal training but by social scientists for whom legal issues are at the core of the fieldwork."—Chinese Cross CurrentsTable of ContentsContents Part I. Introduction 1. Law and Society in the People's Republic of China Neil J. Diamant, Stanley B. Lubman, Kevin J. O'Brien Part II. Legal Mobilization and Culture 2. Suing the Local State: Administrative Litigation in Rural China Kevin J. O'Brien and Lianjiang Li 3. "Use the Law as Your Weapon"! The Rule of Law and Labor Conflict in the PRC Mary E. Gallagher 4. One Law, Two Interpretations: Mobilizing the Labor Law in Arbitration Committees and in Letters and Visits Bureaus Isabelle Thireau and Hua Linshan 5. What's in a Law?: China's Pension Reform and its Discontents Mark W. Frazier 6. Hollow Glory: The Politics of Rights and Identity among PRC Veterans in the 1950s Neil J. Diamant Part III. Legal Institutions 7. Shifting Legal and Administrative Goalposts: Chinese Bureaucracies, Foreign Actors and the Evolution of China's Anti-Counterfeiting Regime Andrew Mertha 8. Rethinking Law Enforcement and Society: Changing Police Analysis of Unrest Murray Scot Tanner 9. Punishing for Profit: Profitability and Rehabilitation in a Laojiao Institution H. L. Fu Library of Congress Subject Headings for this publication: Justice, Administration of China
£21.59
Stanford University Press Ronald Dworkin
Book SynopsisAn up-to-date, clear, and comprehensive introduction to the complexities and depth of Ronald Dworkin's entire philosophical work, including a discussion of Dworkin's monumental work Justice for Hedgehogs.Trade Review"The third edition of Stephen Guest's comprehensive study covers Dworkin's work from beginning to end, culminating in the big book Justice for Hedgehogs, which brings everything together in a unified theory of value—personal, moral, political, and legal . . . [I]t is a valuable guide and reference to the full range of his writings and the controversies to which they have given rise. It goes without saying that to appreciate Dworkin it is essential to go to the writings themselves, with their eloquence and argumentative density, especially Law's Empire and Hedgehogs." -- Thomas Nagel * New York Review of Books *"[W]ell written and organized, the book will be accessible mainly to advanced students and scholars who have a strong grasp of contemporary moral, potitical, and legal philosophy." -- J. D. Moon * CHOICE *"A presentation of Dworkin's thought that is not only analytically acute, but is self-consciously and proudly sympathetic, Stephen Guest offers a valuable assessment of Dworkin's legal, political, and moral theories. Guest's attention to the most recent work—Justice for Hedgehogs, as well as the various essays now incorporated in Justice in Robes—make the third edition a must for anyone who appreciated the first and second." -- Frederick Schauer, University of Virginia School of Law"Stephen Guest offers an admirably clear analysis and a spirited defense of Ronald Dworkin's outstanding philosophical oeuvre. Above all, Guest delivers us the key for the best interpretation of Dworkin's work: his belief that there are objectively right answers to the legal, political and moral questions we face, and that we are bound by the unity of value to see their connection." -- Rainer Forst * Goethe University Frankfurt *Praise for earlier editions: "Guest sets out to present a comprehensive, concise and accessible account of his work, which he has done with clarity, honesty and even the occasional hint of a smile." -- Paul Roberts * University of Nottingham *Praise for earlier editions: "A remarkable piece of work. It provides an invaluable survey and a sure guide to Dworkin's legal and political philosophy." -- Gerald J. Postema * University of North Carolina at Chapel Hill *Praise for earlier editions: "The leading work in the field . . . I know of no comparable work of this scope and depth in the study of Dworkin's work." -- David A. Richards * New York University *
£91.80
Stanford University Press Sir Edward Coke and the Elizabethan Age
Book SynopsisTrade Review"[Sir Edward Coke and the Elizabethan Age] is well written with flashes of brilliance." -- Sixteenth Century Journal"It would have been easy to provide a portrait of a successful if idiosyncratic lawyer, but Boyer gives us warts and all and manages to capture a real sense of the man himself." -- HISTORY"[Boyer] brings his subject vividly to life and writes with verve adn imagination, presenting a well-structured, comprehensive and impressively researched book that serves both the legal historian and the general reader very well. Sir Edward Coke and the Elizabethan Age should be considered by any student of Elizabethan history because, in exploring a great lawyer and the law, it also sheds light on politics, religion, culture and society. I will not be alone in looking forward to the second volume." -- Renaissance Studies"This is a magnificent...book. It is magnificent in that it tells an enormously affecting story that feels like a journey to Tudor England, a journey that Boyer gracefully leads, with splendid originality of voice....According to the book's (well-designed) jacket a second volume is forthcoming—and it is surely worth waiting for." -- Law, Culture, and the Humanities"This is a good book, carefully researched and written in an accessible and engaging style. It integrates the best recent scholarship which brings light to bear upon the historical milieu in which Sir Edward Coke rose to prominence." -- Australian Journal of Legal History
£21.59
Stanford University Press The Expanding Spaces of Law
Book SynopsisTrade Review"The Expanding Spaces of Law is the first book to encapsulate the trajectory of the legal geography field and point to its future possibilities in theoretical, methodological and substantive terms. Analyzing the increasing significance of the law-space nexus, this book highlights why all sociolegal scholars should take seriously the geo-political and spatial challenges to the prevailing understandings of law."—Eve Darian-Smith, University of California, Santa Barbara"The Expanding Spaces of Law vividly illuminates the significant contributions spatial analysis offers to sociolegal studies and to legal anthropology, making clear that an adequate analysis of law and society requires a focus on space and time. The theoretically sophisticated, wide-ranging introduction and empirically rich chapters demonstrate how legal geography enhances the analysis of sociological studies in settings as diverse as Indonesian villages, rural America, and urban Mexico. It offers a valuable introduction to the field as well as a collection of recent, path-breaking work."—Sally Engle Merry, New York University
£89.10
Stanford University Press Law and War
Book SynopsisLaw and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and wara connection that has long vexed the jurisprudential imagination. Historically the term war crime struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under tTrade Review"Enhanced with the inclusion of a comprehensive index, Law and War is a collective work of outstanding scholarship and a highly recommended addition to academic library Judicial Studies reference collections and supplemental reading lists."—Midwest Book Review"Law and War offers deep, rigorous, and diverse reflections on the potential, and peril, for law's efforts to humanize war. This is a valuable addition in a field of growing significance to legal, political, and policy scholars, and beyond."—David Mednicoff, University of Massachusetts, Amherst
£62.90
