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Laws and Societies in the Canadian Prairie West, 1670-1940
examines the legal history of the north-west frontier, from the
earliest years of European-Native contact in the seventeenth century to
the mid-1900s. Challenging myths about a peaceful west and prairie
exceptionalism, the book explores the substance of prairie legal
history and the degree to which the region's mentality is rooted in
the historical experience of distinctive prairie peoples. The chapters,
written by a cross-section of established and emerging scholars working
in the allied fields of law, legal history, sociology, and criminology,
focus on what is distinctive in prairie legal culture.
By approaching the issue from a variety of perspectives -
those of colonial administrators, fur company employees, Native
peoples, women, men, entrepreneurs, judges, magistrates, and the
police, among others - the authors find evidence of a conscious
effort to apply broad, non-regional experiences to seemingly familiar,
local issues. The ways in which prairie peoples perceived themselves
and their relationships to a wider world were directly framed by
notions of law and legal remedy shaped by the course and themes of
prairie history. Legal history is not just about black letter law. It
is also deeply concerned with the ways in which people affect and are
affected by the law in their daily lives. By examining how central and
important the law has been to individuals, communities, and societies
in the Canadian Prairies, this book makes an original contribution.
Louis A. Knafla is professor emeritus of history at the University of Calgary. Jonathan Swainger is associate professor of history at the University of Northern British Columbia and co-editor, with Constance Backhouse, of People and Place: Historical Influences on Legal Culture, also published by UBC Press.
Illustrations Preface 1. Introduction: Laws and Societies in the Anglo-Canadian North-West Frontiers and Prairie Provinces, 1670-1940 / Louis A. Knafla Part One: First Nations and First Peoples 2. Law and Necessity in Western Rupert's Land and Beyond, 1670-1870 / Hamar Foster 3. "There Seemed to be No Recognized Law": Canadian Law and the Prairie First Nations / Sidney L. Harring 4. The Exclusionary Effect of Colonial Law: Indigenous Peoples and English Law in Western Canada, 1670-1870 / Russell C. Smandych 5. Discipline and Discretion in the Mid-Eighteenth-Century Hudson's Bay Company Private Justice System / Paul C. Nigol Part Two: Adaptations to Modernity 6. Policing Two Imperial Frontiers: The Royal Irish Constabulary and the North-West Mounted Police / Greg Marquis 7. The Common Law and Justices of the Supreme Court of the North-West Territories: The First Generation, 1887-1907 / Roderick G. Martin 8. The Implications of a Provincial Police Force in Alberta and Saskatchewan / Zhiqiu Lin and Augustine Brannigan 9. The Development of Prairie Canada's Water Law, 1870-1940 / Tristan M. Goodman 10. Monopolies and State Regulation: The Calgary Power Company, Utilities, and the Alberta Public Utilities Board, 1910-30 / Janice Erion 11. The Law and Public Nudity: Prairie and West Coast Reactions to the Sons of Freedom, 1929-1932 / John McLaren Acknowledgments Contributors General Index Index of Cases Index of Ordinances, Proclamations, and Statutes
Number Of Pages:
- ID: 9780774811668
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