Essays in the History of Canadian Law, Volume XII

This collection investigates historical cases involving women and gender relations in order to uncover the power dynamics at the heart of the legal system.

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Drawing on engaging case studies, Essays in the History of Canadian Law brings the law to life. The contributors to this collection provide rich historical and social context for each case, unravelling the process of legal decision-making and explaining the impact of the law on the people involved in legal disputes. Examining the law not simply as legislation and institutions, but as discourse, practice, symbols, rhetoric, and language, the book’s chapters show the law as both oppressive and constraining and as a point of contention and means of resistance.

This collection presents new approaches and concerns, as well as re-examinations of existing themes with new evidence and modes of storytelling. Contributors cover many legal thematic areas, from criminal to labour, civil, administrative, and human rights law, spanning English and French Canada, and ranging from the mid-eighteenth century to the late twentieth century. The legal cases vary from precedent-setting cases to lesser-known ones, from those driven by one woman’s quest for personal justice to others in which state actors dominate. Bringing to light how the people embroiled in these cases interacted with the legal system, the book reveals the ramifications of a legal system characterized by multiple layers of inequality.