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Informationen zum Autor Philip Girard is a professor of law at Osgoode Hall Law School at York University. Klappentext This volume presents a history of the development of three legal traditions in Canada - the Indigenous, the French, and the English. Zusammenfassung This volume presents a history of the development of three legal traditions in Canada – the Indigenous, the French, and the English. Inhaltsverzeichnis ForewordAcknowledgments PART ONE: INTRODUCTION 1 IntroductionLegal Pluralism in Empires and NationsIndigenous Law in History: Methodological and Theoretical IssuesLiberty and OrderOverview: Historiography and Periodization 2 Roots: Indigenous Legal TraditionsIndigenous Legal Traditions: Basic FeaturesIndigenous Law: Process and Content 3 Roots: French Legal TraditionsThe Roman LegacyThe Emergence of the French CustomsInstitutional DevelopmentLegal Education, the Legal Professions, and the Role of DoctrineThe Constitution 4 Roots: British Legal TraditionsThe Anglo-Saxon LegacyInstitutional Development after 1066 and the Emergence of the Common LawLegal Education, the Legal Professions, and the Role of DoctrineThe Constitution PART TWO: EUROPEAN CHARTERED ENTERPRISE, NEW FRANCE, AND THE ENCOUNTER WITH INDIGENOUS LAW, 1500-1701 5 Early Contacts, Early Charters 6 Law and Governance in the French Possessions: Public Law and the Growth of InstitutionsFrom Seigneurial Fief to Royal Colony: Institutional DevelopmentSeigneurial LawNotariesCivil ProcedureCriminal Procedure 7 Law and Governance in the English PossessionsNewfoundland: From Company to Proprietorship to Anti-ColonyRupert’s Land: The Emergence of a Company-State 8 The Interface of European and Indigenous Law 9 French Private LawThe French CustomsThe Law of Marriage and the FamilyThe Law of Family Property: Matrimonial Regimes and SuccessionThe Law of Obligations 10 The Early Modern Legacy PART THREE: THE LONG EIGHTEENTH CENTURY, 1701-1815 11 Constitutional Law in the Long Eighteenth CenturyThe Politico-Military ContextThe Legal ContextsSlavery, Race, and the Constitution 12 New France/Quebec/Lower Canada: Political Institutions, Courts, and Relations with Indigenous PeoplesNew France before 1760Quebec/Lower Canada after 1760Relations with Indigenous Peoples 13 The British Colonies of Settlement: Political Institutions, Courts, and Relations with Indigenous PeoplesNova Scotia, New Brunswick, and Prince Edward IslandUpper Canada 14 The British Commercial Territories: Newfoundland and Rupert’s LandJustice beyond the Settlement Frontier: The Challenge of RemotenessNewfoundlandRupert’s Land 15 The Legal Professions 16 Criminal Law and Criminal JusticeEnglish Criminal Law in the Eighteenth CenturyThe Reception of English Criminal Law in British North AmericaPunishment in PracticeBringing an Offender to Court: Policing and ProsecutionThe Criminal Courts: Pretrial ProceduresThe Criminal Trial 17 Indigenous Law 18 Private Law: The Civil Law 320The Civil Law to 1760: Canada, Acadia, Louisbourg 320The Civil Law after 1760: The Emergence of a MixedLegal Tradition 324 19 Private Law: The Common Law 20 The Early Modern Legacy PART FOUR: BRITISH NORTH AMERICA, 1815-1860s 21 Law in British North America, 1815-1866: Introduction 22 Court Systems and Judicial PersonnelThe Development of a British North American JudiciarySeparation of Powers, Appointment and Removal of Judges, and Judicial RemunerationCircuit Systems: Bringing the Centre to the HinterlandChancery CourtsThe Rise of Inferior TribunalsNew Superior Courts and Professional Courts of Appeal in the CanadasProcedural Reform 23 Sources of Law and Law ReformSources of Law in Common Law JurisdictionsSources of Law: The Civil LawSources of Law: The Civil Code of Lower CanadaStatutes: Making and Remaking Local Laws and Societies 24 Indigenous Law in British North AmericaIndigenous Governance in an Age of Settler Political ReformLegal Personality an...
