Books in the Law and Society series

This eye-opening study shows how the condo, developed to meet the needs of a community of owners in cities in the 1960s, has been conquered by commercial interests.

The relationship between law and religion in democracies committed to equal citizenship and religious pluralism has become the subject of significant interest in recent years. This title seeks to elucidate this complex and often uneasy relationship.

Features essays that reflect the different directions in which legal history in the settler colonies of the British Empire has developed. This title shows how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project.

Indigenous peoples around the world are seeking greater control over their cultural heritage. In Canada, issues of protection, appropriation, and repatriation have sometimes been addressed through negotiation. This work explores selected First Nations perspectives on cultural heritage and issues of reform within and beyond Western law.

Brings together the work of scholars whose study of the evolution of property law in the colonies recognizes the value in locating property law and rights within the broader political, economic, and intellectual contexts of those societies.

Tells the complex story of the relationship between Plains Indians and Canadian criminal law as it took root in their land.

In Canada, issues of protection, appropriation, and repatriation have sometimes been addressed through negotiation. However, the legal environment for negotiation is sometimes dated, often uncertain, and always complex. This volume explores selected First Nations perspectives on cultural heritage and issues of reform within and beyond Western law.

Offers a study of the Russian bar (advokatura) that provides a portrait of how, after the USSR's collapse, practising lawyers called advocates began to assume new, self-defined roles as contributors to legal reform and defenders of rights in Russia. It is useful for specialists on Russia, post-communism, human rights, and legal studies.

Brings together the work of scholars whose study of the evolution of property law in the colonies recognizes the value in locating property law and rights within the broader political, economic, and intellectual contexts of those societies.

A multi-faceted consideration and critique of the compelling and emotionally seductive rhetoric of restorative justice.

Examines the complex, often uneasy, relationship between law and religion in a democracy that is committed to equal citizenship and religious pluralism. This book seeks to elucidate the relationship between these different normative systems and to understand the impact of law on religious diversity in Canada.

In Custom , Ferdinand Tonnies illustrates the relationship of custom to various aspects of culture, such as religion, gender, and family. Tonnies argues that all social norms are evolved from a basic sense of order, which is largely derived from customs. As such, custom refers to the ideal, and the desirable, and it mediates subjective aspects of social life. Tonnies makes observations in Custom that are just as true today as when they were written over a century ago. The pivotal idea in Tonnies work is the observation that custom, like its individual counterpart habit, has three distinct aspects: a fact--an actual way of conduct; a norm--a general rule of conduct; and a will. The analysis, extended into the field of collective behaviour, helps to explain how far custom can be regarded as a manifestation of a common will. Custom is a classic contribution in the grand canon of law and society scholarship. Moreover, the volume introduces several key elements of Tonnies' work focusing on broader sociological thought, which benefits both the theoretical understanding of law as an object of social science reflection, as well as provides empirical insights into the roles of law in society.

Challenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples.

This fascinating account of Ontario's 1980s' censor wars shows that when art intersects with law, artists have the power to transform the law, and the law, in turn, can influence the concept of art.

Resisting Rights challenges the myths that Canada has always been at the forefront in the development of international human rights law and led the cause at the United Nations.

Delving into some of the most challenging issues to confront legal professionals, this book raises important questions about what it means to be an ethical lawyer in Canada.

Reveals the contradictions and the consequences of an Indian land policy premised on access to fish and a program of fisheries management intended to open the resource to newcomers. Presenting first treaties signed on Vancouver Island between 1850 and 1854, this book maps the connections between colonial land policy and fisheries law and policy.

This groundbreaking collection explores relational theory and how it can be brought to bear on practical areas of concern in health law and policy.

A powerful account of how land disputes reflect complex and often competing understandings of law, landscape, and identity among First Nations and non-Aboriginal people in Canada.

Still Dying for a Living investigates the state's (in)ability to develop effective legal strategies for holding corporations accountable for serious injury and death in the workplace.

Offers a genealogy of religious freedom in a social climate of risk and fear. This book is also the story of Bethany Hughes, a member of the Jehovah's Witness, and her legal battle to define the parameters of her medical treatment.

Based on candid conversations with inmates and correctional officers in federal and provincial prisons, Behind the Walls offers an up-to-date and balanced account of the corrections landscape in Canada.

Colonial Proximities traces the encounters between aboriginal peoples, mixed-race populations, Chinese migrants, and Europeans in late-nineteenth- and early-twentieth-century British Columbia.

Governing from the Bench is a comprehensive and illuminating examination of the Supreme Court of Canada that draws on in-depth interviews to reveal the inner workings of this often-misunderstood institution at the heart of Canada's justice system.

The New Lawyer analyzes the changes that are transforming the role of lawyers, the nature of client service, and how law is practised - including how lawyers seek resolution before trial - to stress the need for new approaches to lawyer/client collaboration if the legal profession is to remain relevant in the twenty-first century.

Traces 20th-century Canadian criminal justice responses to women who kill their newly born babies. This work provides an interdisciplinary feminist approach to the study of infanticide law, examining and linking historical, sociological, and legal scholarship. It is useful for readers interested in law, sociology, criminology and gender studies.

By the Court is the first major study of unanimous and anonymous legal decisions: the unique "By the Court" format used by the Supreme Court of Canada.