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Monday, May 8, 2017

U of T library online exhibit: Pierson v. Post judgment roll

The policy of this blog has been to post on Canadian legal history, rather than legal history written by Canadians. I have made a few exceptions, and here is an exceptionally worthy one. (Beside which, Pierson v. Post has been taught in Canadian as well as American classrooms, although it is very much an American case.)

fc4ab5a71c1423bea6189e30cc0670b1.jpgAngela Fernandez of the University of Toronto Faculty of Law, a notable Pierson v. Post scholar, has arranged an online library exhibit of the judgment roll.

The exhibit includes a short piece by Angela on the context of the judgment, and reproduces the twenty pages of the judgment roll in PDF format.

Here's the description of the exhibit:

Pierson v. Post has been made famous by its use in American property law classrooms since the 1950s. It is often the first case law students study in property as it provides an introduction to the concept of first possession and how one acquires possession in a wild animal, the fox, owned by no one. 

The case report reproduced in law school casebooks was created by New York’s first official law reporter George Caines after the case was argued by eminent counsel and reversed in Pierson’s favor at the New York Supreme Court. What law students generally read is a brief statement of the facts, followed the majority decision by Justice Daniel Tompkins and a dissent by Justice Brockholst Livingston. 

The Judgment Roll is a copy — probably made by the clerk of Pierson’s lawyer Nathan Sanford — of the documents Sanford filed in his writ of certiorari to the New York Supreme Court. This was a process in which the loser before a Justice of the Peace could appeal the decision by asking for the New York Supreme Court to command that the Justice of the Peace explain what had been done before him in the magistrate’s court, in this case a jury trial held at Post’s request on December 30, 1802, for their review. It was the job of the New York Supreme Court to check, yes, all the ‘i’s were dotted and ‘t’s were crossed in the magistrate’s proceedings and if they were not, Pierson (the “now plaintiff” before the New York Supreme Court) was justified in winning a reversal of the jury’s 75¢ award for Post and his $5 in costs. The Judgment Roll also includes the command to Justice of the Peace John N. Fordham to return the documentation, Sanford’s six specific grounds of appeal, as well as the words the New York Supreme Court used in order to hold the case over from year to year until it was ultimately decided in Pierson’s favor on September 10, 1805. Sanford then filed this copy of all of the documents (those provided by Fordham, his own, and the New York Supreme Court) as the “Record” in the case on the same day.
This judgment roll was found by University of Toronto law professor and legal historian Angela Fernandez at the Division of Old Records, New York County Clerk’s Office in New York City in May 2007.
Each page of the judgment roll is reproduced with an accompanying transcript prepared by Professor Fernandez.
It has subsequently disappeared but a dataset was created to preserve the images and make them publicly available. You can find it here. A transcript of the Judgment Roll is also available as an appendix in Angela Fernandez, Pierson v. Post, the Hunt for the Fox: Law and Professionalization in American Legal Culture (New York: Cambridge University Press, 2017).
Running Fox by Paul de Vos, courtesy of Museo Nacional del Prado.

See also related articles through the U of T Dataverse accessible here.

Tuesday, May 2, 2017

Thomas McMahon, 'We Must Teach the Indian What Laws Are': The Laws of Indian Residential Schools in Canada on SSRN

Thomas L. McMahon has posted 'We Must Teach the Indian What Law Is': The Laws of Indian Residential Schools in Canada (April 18, 2017) on SSRN. 

Here's the abstract:

This paper provides a chronological sequence of the laws that were used to create and enforce Indian Residential Schools in Canada. The paper provides extensive excerpts from the final report of the Truth and Reconciliation Commission of Canada. The excerpts are chosen based on how directly they are related to law, and the excerpts are re-organized to be presented in a chronological manner. The table of contents of the paper can serve as a time line of the laws that created and enforced and ended Indian Residential Schools. Other sources are also cited.

This paper is one of series written by the author in attempting to understand and explain why it was nearly impossible for indigenous peoples to use the legal system to protect themselves or obtain compensation for the abuses they suffered in the residential schools until well into the 1990s.

Monday, April 24, 2017

Hot Docs honours 35th anniversary of the Charter with free event, April 29th


Hot Docs is honouring the 35th anniversary of Canada’s Charter of Rights and Freedoms with a very special event.

The Charter at 35
On Saturday, April 29, we invite you to join former justice of the Supreme Court of Canada Mr. Ian Binnie and Maclean’s Ottawa Bureau Chief John Geddes for an invigorating conversation about Canada’s Charter and how it impacts pressing issues facing Canadians today.  The discussion will be followed by an exclusive sneak peek of In the Name of All Canadians, Hot Docs’ feature compilation of short films about the Charter, funded in part by the Government of Canada and the Government of Ontario.

Tickets: FREE
Date: Sat, Apr 29, 1:00 PM

Deadline extended for Osgoode Society awards to May 7

The Osgoode Society for Canadian Legal History administers three awards: John T. Saywell Prize for Canadian Constitutional Legal History, R. Roy McMurtry Fellowship in Canadian Legal History, and the Peter Oliver Prize for Published Student writing in Canadian Legal History . We invite nominations and applications for each of these. The original deadline for each was April 30, 2017, but we have extended that to May 7, 2017.
John T. Saywell Prize for Canadian Constitutional Legal History
The Saywell Prize is given bi-annually to the best new book in Canadian legal history, broadly defined, that makes an important contribution to an understanding of the constitution and/or federalism. In exceptional circumstances, the jury could also consider a seminal article or series of articles, some of the latter not written in the two-year period, to satisfy the objectives of the award.
Jack Saywell died in April 2011, still working on the history of federalism. His family has requested that any donations be made to the Saywell Prize or another charity of the donor’s choice. Those wishing to donate to the prize may do by sending a cheque to The Osgoode Society, Osgoode Hall, 130 Queen Street West, Toronto M5H 2N6. Cheques should be made payable to the Society and marked as contributions to the Saywell Prize. For further information please contact the Society at osgoodesociety@lsuc.on.ca
The Saywell Prize will next be awarded in 2017, for a book published in 2015 or 2016. Publishers or others who wish to nominate a book for the Saywell Prize in 2017 should send three copies of the book to: The Osgoode Society, Osgoode Hall, 130 Queen Street West, Toronto, M5H 2N6. The deadline for nominations for 2017 is May 7, 2017.
R. Roy McMurtry Fellowship in Legal History
The R. Roy McMurtry Fellowship in Legal History was created in 2007, on the occasion of the retirement as Chief Justice of Ontario of the Hon. R. Roy McMurtry. It honours the contribution to Canadian legal history of Roy McMurtry, formerly both Attorney-General and Chief Justice of Ontario, founder of the Osgoode Society for Canadian Legal History and for many years the Society’s President.
The fellowship was established by Chief Justice McMurtry’s friends and colleagues, and endowed by private donations and the Law Foundation of Ontario.
The fellowship is to support graduate (preferably doctoral) students or those with a recently completed doctorate, to conduct research in Canadian legal history, for one year. Scholars working on any topic in the field of Canadian legal history are eligible. Applicants should be in a graduate programme at an Ontario University or, if they have a completed doctorate, be affiliated with an Ontario University.
The fellowship may be held concurrently with other awards for graduate study. Eligibility is not limited to history and law programmes; persons in cognate disciplines such as criminology or political science may apply, provided the subject of the research they will conduct as a McMurtry fellow is Canadian legal history. The selection committee may take financial need into consideration. Applications will be assessed by a committee appointed by the Osgoode Society for Canadian Legal History.
Those interested in the 2017 fellowship should apply by sending a full c.v. and a statement of the research they would conduct as a McMurtry fellow to Amanda Campbell, McMurtry Fellowship Selection Committee, Osgoode Society for Canadian Legal History, Osgoode Hall, 130 Queen Street West, Toronto, M5H 2N6, orosgoodesociety@lsuc.on.ca. The deadline for applications is May 7, 2017.

Peter Oliver Prize in Canadian Legal History
The Peter Oliver Prize in Canadian Legal History was established by the Society in 2006 in honour of Professor Peter Oliver, the Society’s founding editor-in-chief. The prize is awarded annually for published work (journal article, book chapter, book) in Canadian legal history written by a student.
Students in any discipline at any stage of their careers are eligible. The Society takes a broad view of legal history, one that includes work in socio-legal history, legal culture, etc., as well as work on the history of legal institutions, legal personnel, and substantive law.
Students may self-nominate their published work, and faculty members are also encouraged to nominate student work of which they are aware. Those nominating their own work should send a copy of it to the Society.
The deadline for nominations for the 2017 Prize, to be awarded for work published in 2016, is May 7, 2017.
Please send nominations to Amanda Campbell, Oliver Prize Selection Committee, Osgoode Society for Canadian Legal History, Osgoode Hall, 130 Queen Street West, Toronto, M5H 2N6, or osgoodesociety@lsuc.on.ca.


Professor Jim Phillips
Faculty of Law & Dept of History
University of Toronto
Editor-in-Chief, Osgoode Society for Canadian Legal History

Thursday, April 20, 2017

The Persons Case by Sharpe and McMahon in UTP Canada150 collection

The Persons Case: The Origins and Legacy of the Fight for Legal PersonhoodThe University of Toronto Press is promoting a "Canada 150" collection, in celebration of the 150th anniversary of confederation. One of the thirty books so honoured is The Persons Case: The Origins and Legacy of the Fight for Legal Personhood by Mr. Justice Robert Sharpe and Patricia McMahon.

The U of T press has this to say about the collection:

In honour of Canada’s sesquicentennial, University of Toronto Press is proud to introduce the Canada 150 Collection, a special selection of outstanding books published over the years that bear witness to the depth and breadth of the nation’s history and the diversity of its peoples. These books showcase remarkable achievements as well as uncomfortable truths in Canada’s history, from pre-Confederation to the present. This carefully curated collection includes classic works of cultural, historical, legal, and literary scholarship that have informed and shaped Canada as a nation. A testament to University of Toronto Press’s longstanding commitment to authoritative and boundary-pushing scholarship, the Canada 150 Collection presents works that are essential reading for students, scholars, and anyone with an interest in Canada’s past and future.

The Persons Case was published by the University of Toronto Press in conjunction with the Osgoode Society in 2007.  This is what the society has to say:

The Persons’ Case is one of the best known Canadian constitutional cases, both for the fact that it declared women to be ‘persons’ for the purposes of eligibility for Senate appointment, and for Lord Sankey’s invocation of the living tree metaphor in interpreting the constitution. Robert Sharpe and Patricia McMahon add enormously to our understanding of the case by a detailed exploration of its context. They analyse the campaign for the recognition of women as senators in both political and legal circles, and they examine the background and personalities of the major players in the litigation, in particular Lord Sankey, Prime Minister Mackenzie King, and Emily Murphy. Murphy, one of the ‘famous five’ litigants, was the driving force behind the demand for legal recognition, and she is shown here to be a fascinating and complex individual.

Reviewers say: 
One of the most compelling reasons to read The Persons Case is to find out what drove the women known as the Famous Five to fight to open the Senate's doors. Readers also discover why the verdict remains one of the most important constitutional decisions in Canadian history..... [A] gripping drama in which the fitness of women's appointment to the Senate is merely the backdrop.... Reading history should always be this much fun. Penni Mitchell, The Beaver, June-July 2008
There is much that is engaging in this account of the Persons case, particularly in relation to the five women who requested the constitutional reference, and the behind the scenes political manoeuvres of Prime Minister Mackenzie King and his advisors... In addition the study situates the case within the ongoing tensions with respect to constitutional interpretation between judges in the Supreme Court of Canada on one hand and in the Privy Council on the other. Mary Jane Mossman, Ottawa Law Review, vol 40, 2009
Working closely from the archival record, Robert J. Sharpe and Patricia I. McMahon place the [Persons] case in its political, constitutional and personal context .... [A] valuable contribution to Canadian constitutional history. Lyndsay Campbell, Law and History Review, vol 27, 2009.

REVIEWS HAVE ALSO APPEARED IN THE FOLLOWING PUBLICATIONS:

  • Alison J. Fingas, Saskatchewan Law Review, Vol. 71, 2008, pp. 424-425.
  • Jennifer Koshan, Canadian Journal of Women and Law, Vol. 20, 2008, pp. 343-351.
  • Francis C. Muldoon, Journal of Parliamentary and Political Law, Vol. 3, 2010, pp. 545-552.
  • Colleen Sheppard, McGill Law Journal, Vol. 53, 2008, pp. 367-373.
  • Janneke Lewis, Advocate, Vol. 66, 2008, pp. 814-815.
  • Christopher Moore, ‘New book authoritative telling of Persons Case,’ Law Times, November 12, 2007.
  • Tracey Tyler, ‘The mothers of Canadian equality,’ The Toronto Star, October 20, 2007, Sec ID, p. 4.



Tuesday, April 18, 2017

Forthcoming from UTP: Dodek, The Charter Debates: The Special Joint Committee on The Constitution, 1980-81 and the Making of the Canadian Charter Of Rights And Freedoms


Forthcoming from UTP (available for pre-order) The Charter Debates: The Special Joint Committee on The Constitution, 1980-81 and the Making of the Canadian Charter Of Rights And Freedoms by Adam Dodek:

The Charter Debates: The Special Joint Committee on the Constitution, 1980-81 and the Making of the Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes.
In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause.
Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.

Coming from UTP: Roots of Entanglement: Essays in the History of Native Newcomer Relations

Coming in January 2018 (available for pre-order) from U of T Press:

Roots of Entanglement: Essays in the History of Native Newcomer Relations, edited by Myra Rutherdale, Whitney Lackenbauer, and Kerry Abel.

Canadian legal historians will be interested in Part IV, Law, Legislation, and History, including the following:

They Have Suffered the Most: First Nations and the Aftermath of the 1885 North-West Rebellion, Bill Waiser
“Powerless To Protect”: Ontario Game Protection Legislation, Unreported and Indetermined Case Law, and the Criminalization of Indian Hunting in the Robinson Treaty Territories, 1892-1931, Frank Tough
One Good Thing: Law and Elevator Etiquette in the Indian Territories, Hamar Foster
Reclaiming History through the Courts: Aboriginal Rights, the Marshall Decision, and Maritime History, Kenneth S. Coates

Friday, April 14, 2017

CFP: ASLH Student Colloquium at 2017 Annual Meeting in Las Vegas


via H-Law:

CFP: ASLH Student Research Colloquium on Wednesday before 2017 ASLH Annual Meeting in Las Vegas

by Charles Zelden
The American Society for Legal History will host a Student Research Colloquium (SRC) on Wednesday, October 25, and Thursday, October 26, 2017, immediately preceding the ASLH’s annual meeting in Las Vegas, Nevada.  The SRC enables a small number of Ph.D. students and law students to discuss their in-progress dissertations and law review articles with distinguished ASLH-affiliated scholars.
The SRC’s target audience includes early-post-coursework graduate students and historically minded law students.  The colloquium seeks to introduce such students to legal history, to each other, to the ASLH, and to the legal-historical scholarly community generally.  Students working in all chronological and geographical fields are encouraged to apply, as are students whose projects engage legal-historical themes but who have not yet received any formal training in legal history.  Applicants who have not had an opportunity to present their work at ASLH annual meetings or who have not otherwise had an opportunity to discuss their work with legal historians are particularly encouraged to apply.  A student may be on the program for the annual meeting and participate in the SRC in the same year.
Each participating student will pre-circulate a twenty-page, double-spaced, footnoted paper to the entire group.  The group will discuss these papers at the colloquium, under the guidance of two faculty directors.  The ASLH will provide at least partial and, in most cases, total reimbursement for travel, hotel, and conference-registration costs.
The application deadline is July 15, 2017.  Applicants should submit:
  • a cover letter;
  • a CV;
  • a two-page, single-spaced “research statement,” describing an in-progress project; and
  • a letter of recommendation from a faculty member, sent separately from, or together with, the other materials.
Organizers will notify all applicants of their decisions by August 15, 2017.  Please direct questions and applications to John Wertheimer at:  srcproposals@aslh.net

Wednesday, April 12, 2017

Linda Silver Dranoff, Fairly Equal: Lawyering the Feminist Revolution

New from Second Story Press and the Feminist History Society, Fairly Equal: Lawyering the Feminist Revolution by Linda Silver Dranoff.


The publisher's blurb:

An eyewitness account of the revolution in women’s rights under the law.

SSP01 - Fairly Equal Selected.inddLawyer, activist, and former Chatelaine legal columnist Linda Silver Dranoff details her own trailblazing journey from a traditional 1950s childhood to the battlegrounds of the courts of law and the halls of power where she and a generation of women lawyers, supporting a larger feminist movement, championed the rights of Canadian women and families.
Through a combination of memoir and social history, Dranoff brings to life the struggles around family law, pay and employment equity, violence against women, abortion rights, childcare, pension rights, political engagement, public policy, and access to legal justice. From backroom battles to public and private protest, the stories are inspiring.
Fairly Equal reminds us of the importance of remaining vigilant about our rights. Knowing what Dranoff’s generation of women lawyers and activists achieved, and how easily it can be taken away, we are encouraged in sisterhood and solidarity to ensure that the many hard-won gains of the feminist movement are maintained and expanded for the women who follow.

Monday, April 3, 2017

Public Lecture: Chris Moore, Ten Events in Canadian Law that one should know

Christopher Moore will speak on

"Ten Events in Canadian Law that one should know" at the Deer Park Public Library, Toronto on May 23rd

From the Toronto Public Libary website:
Tue May 23, 2017
6:30 p.m. - 7:45 p.m.
75 mins
Deer Park Program Room - 2nd Floor
Christopher Moore, "Ten Events in Canadian Law that Canadians should know" From the British North America Act to the Charter of Rights, Christopher Moore will explore moments in Canadian law that have defined our rights, our freedoms, and our obligations to each other.
Christopher Moore is Canada's most versatile writer of history.

Ticketed event. Call or pick up in person. May 20
http://www.torontopubliclibrary.ca/detail.jsp?Entt=RDMEVT289630&R=EVT289630

Tuesday, March 28, 2017

Nominations sought for Peter Oliver Prize for published student writing


The Osgoode Society is seeking nominations for the Peter Oliver Prize in Canadian Legal History.

The Peter Oliver Prize in Canadian Legal History was established by the Society in 2006 in honour of Professor Peter Oliver, the Society's founding editor-in-chief. The prize is awarded annually for published work (journal article, book chapter, book) in Canadian legal history written by a student.

Students in any discipline at any stage of their careers are eligible. The Society takes a broad view of legal history, one that includes work in socio-legal history, legal culture, etc., as well as work on the history of legal institutions, legal personnel, and substantive law.
Students may self-nominate their published work, and faculty members are also encouraged to nominate student work of which they are aware. Those nominating their own work should send a copy of it to the Society.
The deadline for nominations for the 2017 Prize, to be awarded for work published in 2016, is April 30, 2017.
Please send nominations to Professor Jim Phillips, Editor-in-Chief, Osgoode Society for Canadian Legal History, Osgoode Hall, 130 Queen Street West, Toronto ON M5H 2N6, or by email to j.phillips@utoronto.ca.

Tuesday, March 21, 2017

Thompson, On the Side of the Angels: Canada and the United Nations Commission on Human Rights

New from UBC press, On the Side of the Angels: Canada and the United Nations Commission on Human Rights, by Andrew S. Thompson.

Here's what the publisher has to say:
When it comes to upholding human rights both at home and abroad, many Canadians would like to believe that we have always been "on the side of the angels." This book tells the story of Canada’s contributions -- both good and bad -- to the development and advancement of international human rights law at the Commission on Human Rights (CHR) from its creation in 1946 to its dissolution in 2006. 

The CHR gave Canada the opportunity to forge a reputation as a human rights leader, while simultaneously advancing international laws and reforms that served its strategic interests as well as those of its allies. This book scrutinizes this reputation by examining Canada’s involvement in a number of contentious human rights issues -- political, civil, racial, women’s, Indigenous, and, in particular, the response to mass human rights violations. It finds that Canada’s record was mixed, its priorities motivated by a variety of considerations, both domestic and international. 

An in-depth historical overview of six decades of Canadian engagement within the UN human rights system, On The Side of the Angels offers new insights into the nuances, complexities, and contradictions of Canada’s human rights policies. It also reveals that, despite its limitations, the international human rights law established at the UN offers the best hope of a world in which all citizens are able to enjoy a dignified existence.



Monday, March 20, 2017

Schneiderman, Canadian Constitutional Culture: A Genealogical Account on SSRN



David Schneiderman of the U of T Faculty of Law has posted 

Canadian Constitutional Culture: A Genealogical Account on SSRN. The essay will appear in the Oxford Handbook of the Canadian Constitution (ed. by Nathalie Des Rosiers, Patrick Macklem,and Peter Oliver, Forthcoming).

Abstract:

How might one explain Canadian constitutional practices that have produced outcomes that are, within limits, heterogeneous and pluralistic? The chapter inquires into this question by tapping into constitutional culture, referring to dominant understandings of the fundamental norms that guide relations between citizens and states and between institutions of the state. Contemporary constitutional culture, it is argued, is partly the product of choices made in the past by imperial and early Canadian authorities. Taking a genealogical approach to Canadian constitutional culture, the chapter examines three episodes in Canada’s constitutional past that help to frame discussions about the constitutional present. Each illustrates the difficulty of governing those who are different; of aspiring to homogeneity while necessitating some heterogeneity in practice. They are representative samples of the waves of accommodation and assimilation that have been recurring features in Canada’s constitutional story and illustrative of the basic elements that make up Canadian constitutional culture.

CFP: Law in Native North America (deadline March 25)

From Elizabeth Rule, via H-Law:

I'm organizing a panel for the upcoming ASLH conference (Oct. 26-29, 2017; Las Vegas, Nevada) around the theme of Law in Native North America. This panel will be open to legal histories from all parts of North America, placing in conversation the transnationality of settler colonialism and indigeneity, with the history of law and the nation state. I am looking for both paper presenters, as well as a chair-commentator. 
Those interested should send a 300-word paper abstract, CV, and the title of the paper. For interested in the chair-commentators position, please send a statement indicating your interest in this role. Please submit these materials to elizabeth_rule@brown.edu by Saturday, March 25. Those selected will be notified by March 27. Thank you! 
Elizabeth Rule
PhD Candidate, Brown University

Thursday, March 9, 2017

New from UTP: Kealey, Spying on Canadians

Available June 2017:

SPYING ON CANADIANS: THE ROYAL CANADIAN MOUNTED POLICE SECURITY SERVICE AND THE ORIGINS OF THE LONG COLD WAR

By Gregory S. Kealey
Spying on Canadians: The Royal Canadian Mounted Police Security Service and the Origins of the Long Cold War


Award winning author Gregory S. Kealey’s study of Canada’s security and intelligence community before the end of World War II depicts a nation caught up in the Red Scare in the aftermath of the Bolshevik Revolution and tangled up with the imperial interests of first the United Kingdom and then the United States.
Spying on Canadians brings together over twenty five years of research and writing about political policing in Canada. Through itse use of the Dominion Police and later the RCMP, Canada repressed the labour movement and the political left in defense of capital. The collection focuses on three themes; the nineteenth-century roots of political policing in Canada, the development of a national security system in the twentieth-century, and the ongoing challenges associated with research in this area owing to state secrecy and the inadequacies of access to information legislation. This timely collection alerts all Canadians to the need for the vigilant defence of civil liberties and human rights in the face of the ever increasing intrusion of the state into our private lives in the name of countersubversion and counterterrorism.

Wednesday, March 8, 2017

Some legal history for international women's day?


Looking for something to celebrate International Women's Day? Some good books on women and the law are published by the Osgoode Society.  Visit our membership page to join and receive our member's book for 2017, A Biography of Claire L’Heureux-Dubé by Constance Backhouse. You can also purchase books from our back catalogue, like these!











h/t Trish McMahon

Tuesday, February 21, 2017

Max Planck Summer Academy for Legal History 2017

via Nadine Göbel:
Max Planck Summer Academy for Legal History 2017
Special Theme: Conflict Regulation


Date: 25 July - 04 August 2017
Deadline: 31 March 2017


The Course
The Max-Planck Summer Academy for Legal History provides a selected group of highly motivated early-stage graduates, usually PhD candidates, an in-depth introduction to methods and principles of research in legal history.
The academy consists of two parts. The first part provides an introduction to the study of sources, methodological principles, as well as theoretical models and controversial research debates on basic research fields of legal history.
In the second part the participants discuss the special research theme and develop their own approach to the theme.
The course will take place at the Max Planck Institute for European Legal History in Frankfurt am Main, Germany.
Special Theme 2017: Conflict Regulation
Conflict is not just a constant challenge for the law, but also a key means of access to its history. Each society develops its own set of means of conflict regulation. The diversity ranges from different forms of dispute resolution and mediation to traditional juridical procedures at local and global level. The way conflicts are regulated reveals the normative options chosen by the parties involved in the conflict. Thus, conflicts and their regulation can provide an insight into local contingencies, traditions, as well as the pragmatic contexts and leading authorities of the law, the living law. Research projects to be presented at the Summer Academy should concentrate on historical mechanisms of conflict regulation and offer a critical reflection about the methods used for analyzing the conflicts and the way they are dealt with.
Eligibility Requirements
• Early-stage graduates, usually PhD candidates
• Working knowledge of English is required, German is not a prerequisite
Application
Required documents for the application are a CV, a project summary (approx. 10 pages) and a letter of motivation.
Fees
There is no participation fee. Accommodation will be provided by the organizers. Participants, however, will be responsible for covering their travel expenses. There will be a limited number of scholarships available.
For further information please visit the Max Planck Summer Academy’s website.
Contact
Max Planck Institute for European Legal History
Dr. Stefanie Rüther, e-mail: summeracademy@rg.mpg.de

Wednesday, February 8, 2017

Gossage, "On Dads and Damages: Looking for the “Priceless Child” and the “Manly Modern” in Quebec’s Civil Courts, 1921-1960."

Also in the November 2016 issue of Histoire Sociale/Social History, Peter Gossage has an article, "On Dads and Damages: Looking for the “Priceless Child” and the “Manly Modern” in Quebec’s Civil Courts, 1921-1960."

Here's the abstract:



This essay explores the legal rights and responsibilities of fathers as they were interpreted by Quebec’s civil courts between 1921 and 1960. The focus is on 59 published cases in which fathers were named as plaintiffs or defendants in actions where legal damages were sought in relation to incidents that involved their children, as either victims or authors of harmful acts. These lawsuits are analysed with specific reference to two key concepts, Viviana Zelizer’s Priceless Child (1985) and Christopher Dummitt’s Manly Modern (2007), with the latter found more useful for understanding the changing dynamics of masculine parenthood in this period.

Ce texte traite des droits et responsabilités juridiques des pères tels que les ont interprétés les tribunaux civils du Québec de 1921 à 1960. L’analyse porte sur 59 litiges ayant fait jurisprudence où les pères sont impliqués soit comme demandeurs soit comme défendeurs. Il s’agit de causes dans lesquelles des dommages-intérêts légaux sont réclamés relativement à des incidents impliquant leurs enfants comme victimes ou comme auteurs d’actes préjudiciables. Ces poursuites sont analysées en faisant spécifiquement référence à deux notions clés : celle de Priceless Child, de Viviana Zelizer (1985), et celle de Manly Modern de Christopher Dummitt (2007), cette dernière s’avérant plus utile pour comprendre l’évolution de la dynamique de la parentalité masculine au cours de cette période.

Hamill, "Liquor Laws, Legal Continuity, and Hotel Beer Parlours in Alberta, 1924 to c.1939"

Sarah Hamill has published "Liquor Laws, Legal Continuity, and Hotel Beer Parlours in Alberta, 1924 to c.1939in the November issue of Histoire Sociale/Social History. The article is downloadable from the Histoire Sociale/Social History website, and also through Project Muse.

Here's the abstract:

In common with other Canadian provinces, Alberta introduced a system of government liquor control to replace prohibition. Where Alberta differed was in its simultaneous reintroduction of both liquor stores and licensed premises in the form of beer parlours. Alberta’s beer parlours had a crucial role to play, both in the success of government control and in the broader economic life of the province. The author uses Alberta’s early experiences with government control to explore the role that beer parlours played in the new system. Licensed hotel beer parlours offered the Alberta Liquor Control Board (ALCB) an inexpensive way to allow some form of legal alcohol for sale in most small towns and villages across the province. These beer parlours served to push the population away from illicit liquor sales. At the same time, by locating licensed premises in hotels, the ALCB was also able to monitor hotel standards.

À l’instar d’autres provinces canadiennes, l’Alberta a introduit un mécanisme de régie des alcools par l’État pour remplacer la prohibition. La province s’est néanmoins distinguée par la réintroduction simultanée de magasins d’alcools et de débits de boisson autorisés, les tavernes. Ces tavernes ont eu un rôle essentiel à jouer, tant dans le succès de la réglementation officielle que dans la vie économique de la province au sens large. L’auteure se sert des premières expériences de l’Alberta en matière de réglementation officielle pour étudier le rôle des tavernes dans le nouveau système. Pour l’Alberta Liquor Control Board (ALCB), les tavernes autorisées dans les hôtels ont constitué un moyen peu coûteux de permettre une certaine forme de vente légale d’alcool dans la plupart des petites villes et des villages de la province. Ces tavernes ont servi à détourner la population du commerce illicite de l’alcool. Par ailleurs, en installant les débits de boisson dans les hôtels, l’ALCB était aussi en mesure de surveiller l’application des normes hôtelières.

Wednesday, February 1, 2017

CFP/Appel: Power, Politics, and the State in Canadian History: Confederation and Beyond @ UBC


via H-Net:

CFP/Appel: Power, Politics, and the State in Canadian History: Confederation and Beyond @ UBC

by Bradley Miller
Power, Politics, and the State in Canadian History: Confederation and Beyond
29 and 30 September 2017
Liu Institute for Global Issues
The University of British Columbia – Vancouver
After more than a decade of discussion about the “new” Canadian political history, scholars remain divided over what this field means, where it should go in the future, and even whether it exists at all. But in the midst of this debate, recent work has explored the broader social, cultural, imperial, and transnational contexts in which Canadian government institutions, political ideas, and legal regimes took shape, as well as the intersections of governance and ordinary life. Still “new” or not, this discipline is thriving, and the Canadian Political History Group feels that the time is right to examine what has been accomplished and what should come next for the field. In other words, the sesquicentennial of 1867 is an opportunity to talk about more than just Confederation.
Hosted by the Political History Group at the Liu Institute for Global Issues at UBC-Vancouver, this two-day conference will bring together historians working on an array of periods, places, and themes to debate and discuss the state of the discipline, to showcase new methodologies and approaches, and to strategize about future projects and lines of inquiry.
We invite proposals for 15-minute presentations on topics including but not limited to:
-the field of Canadian political history
-politics in social context
-Indigenous governance and activism
-crime and punishment
-settler colonialism and state formation
-imperial power and Canada
-constitutionalism
-the state and social welfare
-Confederation and its contexts
-human rights and civil liberties
-political parties and democratization
Deadline for Proposal Submissions: 3 March 2017
Please email submissions to politicalhistoryconference@gmail.com
For more information, please contact Bradley Miller (brmiller@mail.ubc.ca) or Penny Bryden (pbryden@uvic.ca)
Organizing Committee
Penny Bryden (University of Victoria) & Bradley Miller (University of British Columbia), chairs
Michel Ducharme (University of British Columbia)
Denis McKim (Douglas College)
Robert A.J. McDonald (University of British Columbia)
Steven H. Lee (University of British Columbia)
Katrina Ackerman (University of Regina)
Adam Coombs (University of British Columbia)
Della Roussin (York University)
Pouvoir, politique et État en histoire canadienne : Allez au-delà de la Confédération
Les 29-30 septembre 2017
Liu Institute for Global Issues
The University of British Columbia – Vancouver
Après plus d’une décennie de discussions et de débats entourant la « nouvelle » histoire politique au Canada, les historiennes et les historiens demeurent divisés quant à la définition à donner à ce champ d’étude ainsi qu’à la manière dont il devrait évoluer, certains allant jusqu’à remettre en cause son existence. Quoi qu’il en soit, il est indéniable qu’au cours des dernières années, les historiennes et les historiens ont analysé le développement des institutions gouvernementales, la dissémination des idées politiques ainsi que l’évolution des régimes juridiques au Canada en les intégrant dans des contextes sociaux, culturels, impériaux et transnationaux plus généraux qu’auparavant. Ils se sont également intéressés aux relations entre l’autorité gouvernementale et la vie quotidienne des citoyennes et des citoyens. Ainsi, qu’elle soit nouvelle ou non, l’histoire politique canadienne se porte bien. Partant de ce postulat, le Groupe d’histoire politique considère qu’il est temps d’examiner le travail qui a été accompli et celui qui reste à faire, bref de profiter du cent-cinquantième anniversaire de la Confédération pour explorer bien plus que l’Acte de l’Amérique du Nord britannique comme tel.
Le Groupe d’histoire politique convie donc les historiennes et les historiens à une conférence de deux jours qui se tiendra au Liu Institute for Global Issues de UBC-Vancouver. À cette occasion, les participantes et les participants discuteront d’une variété de thèmes couvrant différentes périodes chronologiques et régions géographiques, débattront de l’état de la discipline, aborderons de nouvelles approches et méthodologies pour finalement discuter de nouvelles questions de recherche et esquisser de nouveaux projets.
Les historiennes et les historiens intéressés à participer à cette conférence sont invités à soumettre au comité organisateur des propositions de communication d’une durée de 15 minutes portant, par exemple, sur :
- le champ d’étude en histoire politique canadienne
- le contexte social au sein duquel la vie politique canadienne s’est inscrite
- la gouvernance et le militantisme des peuples autochtones
- la criminalité et le système judiciaire et pénal
- la colonisation et la formation de l’État
- le pouvoir impérial et le Canada
- le constitutionnalisme
- le rôle de l’État au sein de l’État-providence
- le contexte général qui a mené à la Confédération
- les droits de l’homme et les libertés civiles
- les partis politiques et la démocratie
Date limite pour soumettre une proposition de communication: le 3 mars 2017
Veuillez envoyer vos soumissions par courriel à l’adresse suivante : politicalhistoryconference@gmail.com
Pour plus d'information veuillez contacter Bradley Miller (brmiller@mail.ubc.ca) or Penny Bryden (pbryden@uvic.ca)
Comité organisateur
Penny Bryden (University of Victoria) & Bradley Miller (University of British Columbia), chairs
Michel Ducharme (University of British Columbia)
Denis McKim (Douglas College)
Robert A.J. McDonald (University of British Columbia)
Steven H. Lee (University of British Columbia)
Katrina Ackerman (University of Regina)
Adam Coombs (University of British Columbia)
Della Roussin (York University)

Saturday, January 28, 2017

Call for Applications: Post-Doc at UNB

The Faculty of Arts at the University of New Brunswick is accepting applications for twelve-month post-doctoral fellowship beginning 1 July 2017.  This postdoc is in conjunction with a SSHRC-funded Partnership Development Grant on “Unrest, Violence and the Search for Social Order in British North America and Canada, 1749-1878” and the Canada Research Chair in Atlantic Canada Studies.  The fellow’s primary responsibilities will be two-fold:  1) work on a research project that is relevant to the theme of unrest, violence, and social order in British North America, ca. 1749-1876 [2/3 time]; and 2) work with the co-partners on the grant – Elizabeth Mancke (UNB), Jerry Bannister (Dalhousie University), Scott See (University of Maine), and Denis McKim (Douglas College) to edit a volume of essays coming out of a workshop on this theme [1/3 time].  At UNB, the fellow will be affiliated with Elizabeth Mancke, CRC in Atlantic Canada Studies, the Atlantic Canada Studies Centre, and the Department of History.  The compensation is $40,500.
Potential candidates must be within three years of receiving their PhD and must have their PhD completed by 1 June 2017. Applicants should submit a curriculum vitae, a letter of application that includes a statement of their research program, and arrange to have three letters of recommendations sent by 15 March 2017 to:
Professor Elizabeth Mancke
P.O. Box 4400
Department of History
University of New Brunswick
Fredericton, New Brunswick E3B 5A3

Electronic submissions are accepted:  emancke@unb.ca.


The University of New Brunswick is committed to employment equity and encourages applications from qualified women and men, visible minorities, aboriginal people, and persons with disabilities. All qualified candidates are encouraged to apply; however, Canadian citizens and permanent residents will be given priority.


Contact:Professor Elizabeth Mancke
P.O. Box 4400
Department of History
University of New Brunswick
Fredericton, New Brunswick E3B 5A3

Electronic submissions are accepted:  emancke@unb.ca.
Website:http://www.unb.ca/fredericton/arts/departments/history/
Primary Category:Canadian History / Studies
Secondary Categories:None
Posting Date:01/20/2017
Closing Date02/16/2017