(Ebook) Essays in the History of Canadian Law Two Islands Newfoundland and Prince Edward Island 1st Edition by Christopher English ISBN 9781442656994 1442656999

(Ebook) Essays in the History of Canadian Law Two Islands Newfoundland and Prince Edward Island 1st Edition by Christopher English ISBN 9781442656994 1442656999

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ISBN 10: 1442656999
ISBN 13: 9781442656994
Author: Christopher English

The study of Canadian legal history has seen a remarkable growth in the past decade, nowhere more so than in Atlantic Canada. Given its early settlement and some of the liberties taken with legal procedure there - as well as some creative interpretations of English law – the region is ripe for close study in the legal history field. This new collection examines that history on 'two islands:' Newfoundland and Prince Edward Island.

The essays examine legal themes, developments, and disputes, and offer a framework for comparing ways of administering justice through the courts in the eighteenth and nineteenth centuries. The cases examined are particularly interesting for the light they throw on legal process and, especially, on the motives of the parties. Unlike in contemporary England and Upper Canada, the English precedents gave way to local needs as equitable regimes emerged that put family and community interests first, and treated all members of the family in ways tailored to their personal needs and circumstances.

This volume, which includes a number of essays examining women's legal status and access to the courts, is a comprehensive and fascinating examination of legal history in two Canadian provinces.

(Ebook) Essays in the History of Canadian Law Two Islands Newfoundland and Prince Edward Island 1st Edition Table of contents:

Part One: Historiography

1 The Legal Historiography of Newfoundland

2 The Legal Historiography of Prince Edward Island

Part Two: The Administration of Justice

3 Politics and the Administration of Justice on Early Prince Edward Island, 1769–1805

4 Surgeons and Criminal Justice in Eighteenth-Century Newfoundland

5 The Supreme Court on Circuit: Northern District, Newfoundland, 1826–33

Part Three: Property Law and Inheritance

6 Formal and Informal Law in Two New Lands: Land Law in Newfoundland and New South Wales under Francis Forbes

7 Defining Property for Inheritance: The Chattels Real Act of 1834

8 ‘The Duty of Every Man’: Intestacy Law and Family-Inheritance Practice in Prince Edward Island, 1828–1905

Part Four: Legal Status and Access to the Courts by Women

9 ‘Now You Vagabond [W]hore I Have You’: Plebeian Women, Assault Cases, and Gender Relationships on the Southern Avalon, 1750–1860

10 Women in the Courts of Placentia District, 1757–1823

11 ‘Out of Date in a Good Many Respects’: The Legal Status and Judicial Treatment of Newfoundland Women, 1945–9

Part Five: Litigation in Chancery and at Common Law

12 Bowley v. Cambridge: A Colonial Jarndyce and Jarndyce

13 The Judges Go to Court: The Cashin Libel Trial of 1947

Index

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Tags: Christopher English, History, Canadian, Two Islands Newfoundland, Prince Edward Island