Legal History Commons^™

The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson

Dalhousie Law Journal

Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …

A Half Century Of The Maryland Law Review, William L. Reynolds

Faculty Scholarship

No abstract provided.

One Hundred Years Of Wyoming Water Law, Mark Squillace

Publications

No abstract provided.

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …

Native Americans And The Constitution: The Original Understanding, Mark Savage

American Indian Law Review

No abstract provided.

Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley

American Indian Law Review

No abstract provided.

Redefining Radicalism: A Historical Perspective, Walter J. Walsh

Articles

This Essay suggests that Unger's attack on formalism and objectivism is not so new. After noting the early contributions of Thomas Hobbes and Jeremy Bentham, it does so by particular reference to the critique of William Sampson (1764-1836), the banished Irish civil rights lawyer and political activist, who led an intellectual charge upon the American common law more than a century and a half ago. It also suggests that by depicting the common law as incompatible with the egalitarian ideal of a democratic republic, Sampson sowed the seeds of a distinct radical tradition of which the critical legal studies movement …

Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes

Dalhousie Law Journal

The Calgary Law Faculty is the youngest of the Canadian Law Schools, having been established in 1976. During the period under review the Faculty tackled developmental challenges that older Canadian law schools had faced years ago in generally less stringent economic times.

The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée

Dalhousie Law Journal

In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …

Mélanges. Louis-Philippe Pigeon, Marcel Joyal

Dalhousie Law Journal

This is a collection of legal articles put together at the Faculty of Law, Civil Law Section, of the University of Ottawa under the direction of Professor Ernest Caparros.

Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson

Dalhousie Law Journal

To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …

"His Whole Life Was One Of Continual Warfare": John Thomas Bulmer, Lawyer, Librarian And Social Reformer, Philip Girard

Dalhousie Law Journal

There is a small secondary literature on Bulmer. D.C. Harvey provides an authoritative account of his career as Provincial Librarian, while Bulmer's friend Benjamin Russell concentrates on his legal career in a biographical tribute published three decades after his death.4 Aside from passing references to his devotion to the cause of prohibition, however, no one has investigated Bulmer's career as a social reformer. An over-emphasis on Bulmer's admittedly extraordinary personality has prevented a full appreciation of the complexity of this multi-faceted individual; and this gap in turn has tended to obscure an important chapter in Nova Scotian social history. This …

The Faculty Of Law, University Of Manitoba 1964-1989, D T. Anderson

Dalhousie Law Journal

The purpose of this brief, informal, note is to continue the account of the work and development of the University of Manitoba Faculty of Law, 1966-1984, given by C.H.C. Edwards and J.R. London in (1984), 9 Dalhousie Law Journal 166, through 1989.

The National Law Programme At Mcgill: Origins, Establishment, Prospects, Roderick A. Macdonald

Dalhousie Law Journal

This article is about the history of an idea, and about the curriculum of a Faculty of Law within which that idea has been pursued for more than a century. Its purpose is to explore the intellectual origins of the current National Programme of legal education at McGill University, to review the circumstances of its establishment agd evolution over the past two decades, and to evaluate its prospects as the Faculty's sesquicentennial celebrations approach.

Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik

Dalhousie Law Journal

Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.

The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman

Dalhousie Law Journal

In the dozen years after the end of the Second World War, long-standing conflicts about the nature of education for the legal profession in Ontario became especially acute. Fortunately, climax and successful compromise came in 1957. In that year the Law Society of Upper Canada, which had controlled legal education and admission to practice from the early days of the Colony of Upper Canada, gave up its monopoly of legal education and conceded an equal position in this respect to Ontario universities willing and able to enter the field. Several were, and promptly did so. Indeed the University of Toronto …

Newfoundland And Dominion Status, Christine Boyle

Dalhousie Law Journal

The relationship between Canada and Newfoundland was under stress for a number of different reasons during the eighties. There was a dispute over off-shore mineral rights' as well as concern over French fishing rights.2 For those interested in the relationship, Dr. Gilmore's book, Newfoundland and Dominion3 Status, subtitled The External Affairs Competence and International Law Status of Newfoundland, 1855-1934, therefore provides a useful historical background as well as fascinating information about the constitutional development of Newfoundland. This may be of interest as well to constitutional and international scholars generally as well as to Newfoundland's neighbours in the Maritimes.

Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci

Dalhousie Law Journal

Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.

The Role Of The Commission Counsel, John Sopinka

Dalhousie Law Journal

Commissions of inquiry have been prominently featured in this country for decades. For instance the Durham Report on the 1837 Mackenzie- Papineau Rebellion was the product of a public inquiry. As well, other inquiries have played a pivotal role in the development of our public and economic life. We had, for example, the Rowell-Sirois Commission on Dominion-Provincial Relations, the Royal Commission on Bilingualism and Biculturalism, the McDonald Commission on the Economy, the Dubin Inquiry on Aviation Safety and the Estey Inquiry on Bank Failures to mention a few. In 1979, the Law Reform Commission of Canada estimated that there had …

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.

Legal Education In Saskatchewan 1982-1988, Daniel I. Ish

Dalhousie Law Journal

My predecessor in the office of dean, Don Clark, in an article in this Journal approximately six years ago, described in his usual eloquent fashion the development of the little law school on the prairie from its genesis in 1910. In these pages I will attempt to outline some of the developments in the College of Law during my six years as dean. I intend to adopt an intuitive, first-person narrative which, I hope, will not be too self-serving in its description of the College of Law between 1982 and 1988.

Richard Chapman Weldon 1849-1925 Fact, Fiction And Enigma, Della Stanley

Dalhousie Law Journal

For most contemporary students at the Dalhousie Law School Richard Chapman Weldon is probably little more than a portrait, a name on a building, a legendary figure whose memory as "the heart and soul" of the school is passed on from year to year as part of alumni tradition. Those who may have read something of the career of the first Law Dean probably have wondered if such a reportedly exceptional man ever existed. Certainly, much has been recorded in the past which exaggerate his abilities, his successes and his characteristics. Throughout his life and in death he attracted words …

The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan

Dalhousie Law Journal

It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …

The Public Dimension In Legal Education, Mark R. Macguigan

Dalhousie Law Journal

Legal education, while always a subject of fascination to law students and professors, only periodically becomes a matter of more general interest. But that is what I believe has happened in Canada in the mid-1980s as the result of three publishing events.

Lord Of Point Grey: Larry Mackenzie Of U.B.C., Stanley B. Frost

Dalhousie Law Journal

P. B. Waite has been hugely fortunate in his subject, Norman Archibald MacRae MacKenzie, known to his intimates as "Larry". Here is a quintessential Canadian. Born in a modest Manse in Pugwash, Nova Scotia, and schooled at Pictou Academy, he then laboured for four years on a farm in Saskatchewan, survived four years in the trenches of World War I (mostly with the Nova Scotia Highlanders, emerging without a scratch, but with a Military Medal and bar, and a promised but never confirmed commission), entered Law at Dalhousie, won a Carnegie Fellowship to Harvard and then a renewal to take …

Positivism In The Historiography Of The Common Law, David K. Millon

Scholarly Articles

A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view.

Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

Publications

No abstract provided.

Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes

Journal Articles

When students of legal history think of church courts, they may conjure up thoughts of some odd and obsolete tribunal about which Dickens wrote, while students of popular history may think of the people who burned Joan of Arc. In contrast, when Roman Catholics think of Church courts, they may think of tribunals which do no more than grant marriage annulments, while American Protestants may think of nothing at all. Church courts encompass the whole range of institutions used by different churches, including Jewish communities, for authoritative intervention into affairs of individual church members. Institutions of this kind have had …

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.