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Item Details
| Title:
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THE GRAND EXPERIMENT
LAW AND LEGAL CULTURE IN BRITISH SETTLER SOCIETIES |
| By: |
Hamar Foster (Editor), Benjamin L. Berger (Editor), Mr. A. R. Buck (Editor) |
| Format: |
Hardback |
| List price:
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£87.00 |
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We believe that this item is permanently unavailable, and so we cannot source
it.
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| ISBN 10: |
0774814918 |
| ISBN 13: |
9780774814911 |
| Publisher: |
UNIVERSITY OF BRITISH COLUMBIA PRESS |
| Pub. date: |
1 October, 2008 |
| Series: |
Law and Society |
| Pages: |
416 |
| Description: |
Reveals how local life and culture in selected colonies interacted with the rule of law that accompanied the British colonial project. This book presents an account of the 'incomplete implementation of the British constitution' in the colonies. It explores themes of legal translation, local understandings, and judicial biography. |
| Synopsis: |
In the late nineteenth century, the English legal historiansFrederick Pollock and F.W. Maitland coined the phrase "the grandexperiment" to describe the spread of English law throughout theBritish Empire. For Pollock and Maitland, this was an unequivocallypositive process that would uplift settler societies. The work ofrecent legal historians, however, has alerted us to the more compleximpact English law had on the peoples, both settler and indigenous, ofthose colonial societies. This "new colonial legal history"has revealed subtle and more ambiguous understandings of "thegrand experiment."The essays in this volume reflect the exciting new directions in whichlegal history in the settler colonies of the British Empire hasdeveloped. The contributors, all noted scholars, show how local lifeand culture in selected settlements influenced, and was influenced by,the ideology of the rule of law that accompanied the British colonialproject. Exploring themes of legal translation, local understandings,judicial biography, and "law at the boundaries," they examinethe legal cultures of dominions in Canada, Australia, and New Zealandto provide a contextual and comparative account of the "incompleteimplementation of the British constitution" in these colonies. Avariety of topics are covered, ranging from libel law in New SouthWales, Upper Canada, and Massachusetts to the much-neglected questionof the extent to which British courts took note of the decisions madeby courts in the settler dominions.Given the current lively debates about national characteristics and therights of aboriginal peoples in British settler societies, thishistorical investigation has immediate relevance. The GrandExperiment will be of interest to all those whose lives have beenshaped by the legacy of English law. |
| Illustrations: |
8 b&w photos, 5 tables, 2 maps |
| Publication: |
Canada |
| Imprint: |
University of British Columbia Press |
| Returns: |
Returnable |
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