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Essays in the History of Canadian Law, Volume II
1983 Edited by David H. Flaherty. Published with the University of Toronto Press, 1983.
This volume, containing nine essays, is the second of two designed to illustrate the wide possibilities for research and writing in Canadian legal history. Topics covered include: the role of the civil courts in Upper Canada; legal education; political corruption; nineteenth-century Canadian rape law; the Toronto Police Court; the Kamloops outlaws and commissions of assize in nineteenth-century British Columbia; private rights and public purposes in Ontario waterways; the origins of workers’ compensation in Ontario; and the evolution of Ontario courts. In combination, these two volumes of essays reflect the wide-ranging scope of legal history as an intellectual discipline and will encourage others to pursue important avenues of inquiry on all aspects of our legal past.
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Contents
Contents
Foreword
BRENDAN O’BRIEN, QC, and PETER N. OLIVER vii
Preface ix
Contributors xiii
1 Instruments of Commerce and Authority:
The Civil Courts in Upper Canada 1789-1812
WILLIAM N.T. WYLIE 3
2 Legal Education in Upper Canada 1785-1889:
The Law Society as Educator
G. BLAINE BAKER 49
3 ‘The Ten Thousand Pound Job’:
Political Corruption, Equitable Jurisdiction, and the
Public Interest in Upper Canada 1852-6
PAUL ROMNEY 143
4 Nineteenth-Century Canadian Rape Law 1800-92
CONSTANCE B. BACKHOUSE 200
5 Law and Ideology: The Toronto Police Court 1850-80
PAUL CRAVEN 248
6 The Kamloops Outlaws and Commissions of Assize
in Nineteenth-Century British Columbia
HAMAR FOSTER 308
7 Private Rights and Public Purposes in the Lakes, Rivers,
and Streams of Ontario 1870-1930
JAMIE BENIDICKSON 365
8 ‘The Nuisance of Litigation’:
The Origins of Workers’ Compensation in Ontario
R.C.B. RISK 418
9 The Evolution of the Ontario Courts 1788-1981
MARGARET A. BANKS 492
Table of Cases 573
Index 575
Reviews
From almost every standpoint it is an exceptional accomplishment. The mature scholarship in this volume testifies again to the careful and insistent hand of editor Flaherty. Bradley Adams, Ontario History, Vol 20, 1982.
Every effort has been made to discuss legal problems in a manner that is both straightforward and comprehensible and to place these problems within their social context. Will Abbeah, Ontario Lawyers Weekly, December 1983.
Delloyd J. Guth, UBC Law Review, Vol 18, 1984, p. 407.
David Kettler, Journal of Canadian Studies, Vol 19, 1984, p. 150.
Albert Kiralfy, International and Comparative Law Quarterly, Vol 33, 1984, p. 506.
Russell K. Osgood, Law and History Review, Vol 2, 1984, p. 161.
Graham Parker, Archivaria, Vol 18, 1984, p. 277.
Paul Schabas, University of Toronto Faculty of Law Review, Vol 42, 1984, p. 126.
Allan Smith, Canadian Historical Review, Vol 65, 1984, p. 292.
