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Essays in the History of Canadian Law, Volume X: A Tribute to Peter N. Oliver
2008 
edited by Jim Phillips, Professor of Law, University of Toronto, R.Roy McMurtry, President of the Osgoode Society, and John Saywell, Professor of History Emeritus, York University. Published with the University of Toronto Press, 2008.
This collection of Canadian legal history essays honours Professor Peter Oliver, who led the Osgoode Society as editor-in-chief from its establishment until his death in 2006. The essays are written by Osgoode Society authors, and/or by students and colleagues of Peter’s at York University, and include almost all the major figures working in the field of Canadian legal history today. The introduction provides a history of the Osgoode Society and of Peter’s role in it. The volume is a fitting tribute to an extraordinary life and career.
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Contents
Contents
Foreword xi
Introduction: Peter Oliver and the Osgoode Society for Canadian
Legal History 1
JIM PHILLIPS, R. ROY MCMURTRY, AND JOHN T. SAYWELL
PART ONE: Criminal Justice: Law, Policy, and the
Limits of the Criminal Sanction
1 Rape in the House of Commons: The Prosecution of Louis Auger,
Ottawa, 1929 33
CONSTANCE BACKHOUSE
2 Wardens and Prisoners: Aspects of Prison Culture in Ontario,
1874-1914 67
JOSEPH ASHLEY BERKOVITS
3 ‘Perverts a Menace’: The Development of the Criminal Sexual
Psychopath Offence, 1948 107
PATRICK BRODE
4 The Law of Rules: Prosecuting Railway Workers in
Mid-Nineteenth-Century Ontario 129
PAUL CRAVEN
PART TWO: The Judiciary: Ideology, Legitimacy, and Politics
5 Politics, Promotion, and Professionalism: Sir Wilfrid Laurier’s
Judicial Appointments 169
PHILIP GIRARD
6 ‘High above the Generality of the People’: The Ideological Origins
of the Nova Scotia Supreme Court Circuit 200
JIM PHILLIPS
7 Judicial Scandal and the Culture of Patronage in
Early Confederation, 1867-78 222
JONATHAN SWAINGER
PART THREE: Legal Thought and the Legal Profession:
Contested Conceptions of Law and Lawyers
8 Strategic Benthamism: Rehabilitating United Canada’s Bar
through Criminal Law Codification, 1847-54 257
G. BLAINE BAKER
9 The Rule of Law and Irish Whig Constitutionalism in
Upper Canada: William Warren Baldwin, the ‘Irish Opposition,’
and the Volunteer Connection 320
JOHN MCLAREN
PART FOUR: New Directions in Legal History – Private Law,
International Law, Low Law, and Informal Law
10 Diplomacy, International Law, and Foreign Fishing in
Newfoundland, 1814-30: Revisiting the 1815 Treaty of Paris
and the 1818 Convention 353
RAINER BAEHRE
11 Social Workers, Courts, and the Implementation of the
Children of Unmarried Parents Act, 1921-69 388
LORI CHAMBERS
12 The David Fasken Estate: Estate Planning and Social History in Early Twentieth Century Ontario 410
C. IAN KYER
13 Squatters’ Rights and the Origins of Edmonton Settlement 446
BRUCE ZIFF and SEAN WARD
