Fall/Winter 2006 - University of Toronto Press Publishing

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H I S T O R Y A History of Canadian Legal Thought Collected Essays R.C.B. Risk Edited and introduced by G. Blaine Baker and Jim Phillips OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY This volume in the Osgoode Society’s distinguished series on the history of Canadian law is a collection of the principal essays of Professor Emeritus R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority on the history of Canadian legal thought. Frank Scott, Bora Laskin, W.P.M. Kennedy, John Willis and Edward Blake are among the better known figures whose thinking and writing about law are featured in this collection. But this compilation of the most important essays by a pioneer in Canadian legal history brings to light many other lesser known figures as well, whose writings covered a wide range of topics, from estoppel to the British North America Act to the purpose of legal education. Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate. R.C.B. Risk is a professor emeritas in the Faculty of Law at the University of Toronto. G. Blaine Baker is a professor in the Faculty of Law at McGill University. Jim Phillips is a professor in the Faculty of Law and Department of History at the University of Toronto. The Court of Queen’s Bench of Manitoba, 1870-1950 A Biographical History Dale Brawn OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY This study of the Manitoba judiciary is not only the first biographical history to examine an entire provincial bench, it is also one of the first studies to offer an internal view of the political nature of the judicial appointment process. Dale Brawn has penned the biographies of the first thirty-three men appointed to Manitoba’s Court of Queen’s Bench. The relative youth of Manitoba as a province and the small size of its legal profession makes possible an exceptionally detailed investigation of the background of those appointed to the province’s highest trial court. The biographical data that Brawn has collected for this book highlights the extent to which judicial candidates underwent a socialization process designed to produce a legal elite whose members shared remarkably similar views and ways of thinking. In addition, these biographies suggest that until at least 1950, seats on provincial benches were rewards for political services rendered. Many lawyers became judges not because of their legal ability, but because they had made themselves known in the communities in which they practiced. This fascinating study offers an intimate look at personalities ranging from prime ministers to members of the bench and both senior levels of government. Dale Brawn is an assistant professor in the Department of Law and Justice at Laurentian University. Approx. 336 pp / 6 x 9 / November 2006 1 illustration Cloth ISBN 0-8020-9424-4 / 978-08020-9424-7 £42.00 $65.00 E Approx. 432 pp / 6 x 9 / November 2006 33 illustrations Cloth ISBN 0-8020-9225-X / 978-0-8020-9225-0 £42.00 $65.00 E 18
L I T E R A R Y S T U D I E S H I S T O R Y Magistrates, Police, and People Everyday Criminal Justice in Quebec and Lower Canada, 1764-1837 Donald Fyson OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY The role and function of criminal justice in a conquered colony is always problematic, and the case of Quebec is no exception. Many historians have suggested that, between the Conquest and the Rebellions (1760s–1830s), Quebec’s ‘Canadien’ inhabitants both boycotted and were excluded from the British criminal justice system. Magistrates, Police, and People challenges this simplistic view of the relationship between criminal law and Quebec society, offering instead a fresh view of a complex accord. Based on extensive research in judicial and official sources, Donald Fyson offers the first comprehensive study of the everyday workings of criminal justice in Quebec and Lower Canada. Focussing on the justices of the peace and their police, Fyson examines both the criminal justice system itself, and the system in operation as experienced by those who participated in it. Fyson contends that, although the system was fundamentally biased, its flexibility provided a source of power for ordinary citizens. At the same time, everyday criminal justice offered the colonial state and colonial elites a powerful, though often faulty, means of imposing their will on Quebec society. This fascinating and controversial study will challenge many received historical interpretations, providing new insight into the criminal justice system of early Quebec. Donald Fyson is an associate professor in the Department of History at Université Laval. Approx. 464 pp / 6 x 9 / November 2006 41 figures, 20 tables Cloth ISBN 0-8020-9223-3 / 978-0-8020-9223-6 £42.00 $65.00 E RECENT TITLES FROM THE OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY Bora Laskin Bringing Law to Life Philip Girard 0-8020-9044-3 / 978-0-8020-9044-7 £35.00 / $55.00 / 2005 Searching for Justice An Autobiography Fred Kaufman 0-8020-9051-6 / 978-0-8020-9051-5 £42.00 / $65.00 / 2005 Essays in the History of Canadian Law Volume IX: Two Islands, Newfoundland and Prince Edward Island Edited by Christopher English 0-8020-9043-5 / 978-0-8020-9043-0 £42.00 / $65.00 / 2005 Aggressive in Pursuit The Life of Justice Emmett Hall Frederick Vaughan 0-8020-3957-X / 978-0-8020-3957-6 £32.00 / $50.00 / 2004 The Supreme Court of Nova Scotia, 1754-2004 From Imperial Bastion to Provincial Oracle Edited by Philip Girard, Jim Phillips, and Barry Cahill 0-8020-8021-9 / 978-0-8020-8021-9 £48.00 / $75.00 / 2004 Brian Dickson A Judge’s Journey Robert J. Sharpe and Kent Roach 0-8020-8952-6 / 978-0-8020-8952-6 £40.00 / $58.00 / 2003 19
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Fall/Winter 2006 - University of Toronto Press Publishing

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