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The Osgoode Society is delighted to announce that our Associate Editor-in-Chief and three-time Osgoode Society author, Professor Philip Girard, and Professor Lori Chambers, another of our authors (also three times) have both been elected Fellows of the Royal Society of Canada. Philip Girard’s prize-winning work on the history of law in Canada has shaped the field and redefined its agenda for the twenty-first century. Tracing the roots of today’s legal pluralism to the historic encounter of two European empires with Indigenous peoples in northern North America, he stresses how this pluralism allowed Quebec civil law to flourish on a continent of common law and now creates space for the renaissance of Indigenous law. Lori Chambers is a legal historian who focuses on gender. She has published books on marital property law, the treatment of unmarried mothers, the law of adoption and child welfare, and intimate partner violence. She is currently involved in a number of projects on various aspects of police and legal responses to gender-based violence. She is also a community activist in the movement to end gendered, sexualized, and racially-motivated violence.
who are not already on our listserv please take note of (terrific) upcoming zoom events: (and sign up for our newsletters or join the society. Or both.)
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Did you know....the Osgoode Society has numerous books and oral histories that focus on women and the law. Here are a just a few of the former:
by Patrick Brode, Legal Counsel, City of Windsor. Published with the University of Toronto Press, 2002.
by F. Murray Greenwood, Emeritus Professor of History, University of British Columbia and Beverley Boissery, Independant Scholar. Published with Dundurn Press, 2000.
by Lori Chambers, Professor, Department of History and Women’s Studies, Lakehead University. Published with the University of Toronto Press, 1997.
The Osgoode Society has published several books and articles on the historical experience of blacks and other racialized groups in the Canadian legal system. Here's a partial list by author:
Backhouse, Constance, Colour-Coded: A Legal History of Racism in Canada, 1900-1950 (1999). See particularly chapters 6 and 7: ‘It will be quite an Object Lesson: R. v. Phillips and the Ku Klax Klan in Oakville, Ontario, 1930,’ and ‘Bitterly Disappointed at the Spread of Colour Bar Tactics: Viola Desmond’s Challenge to Racial Segregation, Nova Scotia, 1950.’
Backhouse, Constance, ‘Your Conscience will be your own punishment: The Racially Motivated Murder of Gus Ninham, Ontario, 1902,’ in G. Blaine Baker and Jim Phillips, eds., Essays in the History of Canadian Law Volume VIII (1999)
Brode, Patrick, The Odyssey of John Anderson (1989)
Fyson, Donald, ‘Minority Groups and the Law in Quebec,’ in G. Blaine Baker and Donald Fyson, eds., Essays in the History of Canadian Law Volume 11: Quebec and the Canadas (2013)
Girard, Philip, Jim Phillips and Blake Brown, A History of Law in Canada Volume 1: Beginnings to 1866 (2018). See particularly chapter 12, ‘Slavery, Race and the Constitution’, and chapter 31, ‘Less Favoured by Law: Blacks and Workers.’
Miller, Bradley, Borderline Crime: Fugitive Criminals and the Challenge of the Border (2016). See particularly chapter 5, ‘The Non-Law of Refugees in British North America.’
Murray, David, Colonial Justice: Justice, Morality, and Crime in the Niagara District, 1791-1849 (2002). See particularly chapter 10, ‘Hand Across the Border,’ about an ex-slave extradition case.
Luce, Frank and Karen Schucher, ‘The Right to Discriminate: Kenneth Bell vs Carl Mackay and the Ontario Human Rights Commission,’ in Eric Tucker, James Muir and Bruce Ziff, eds., Property on Trial: Canadian Cases in Context (2012)
Walker, Barrington, ed., The African-Canadian Legal Odyssey: Historical Essays (2012)
Walker, Barrington, Race on Trial: Black Defendants in Ontario’s Criminal Courts, 1858-1958 (2010)
Walker, James W., Race, Rights and the Law in the Supreme Court of Canada: Historical Case Studies (1997). See particularly chapter 3, ‘Christie v York Corporation,’ and chapter 4, ‘Noble and Wolf v. Alley.’
Details on how to purchase available at osgoodesociety.ca or email Amanda Campbell <amanda.campbell@osgoodesociety.ca>
Notice from Shaunnagh Dorsett (Shaunnagh.Dorsett@uts.edu.au):
Legal Histories of Empire: Second Symposium
Join us for the second
of several symposia planned for 2020 and 2021 for Legal Histories of Empire.
Our speakers:
Lisa Ford: 'The King's Colonial Peace: Variable subjecthood and
the transformation of empire'
This paper is drawn from my forthcoming
book, The King's Peace: Empire and Order in the British Empire. The book uses
colonial peacekeeping as a lens through which to examine the shifting parameters
of crown prerogative in Empire in the Age of Revolutions. This paper will argue
that the legal vulnerability of (and often threats to order posed by) a diverse
array of subjects - formerly French Catholics in Quebec, Caribbean slaves and
NSW convicts - both prompted and justified the unravelling of the very idea of
the freeborn Englishman that had been mobilised by protestant Britons in
pre-revolutionary America.
Lisa Ford is Professor of History at the
University of New South Wales, Australia. Her major publications include
Settler Sovereignty: Jurisdiction and Indigenous People in America and Australia,
1788-1836 (2010) which won the Littleton-Griswold Prize (American Historical
Association); the Thomas J. Wilson Prize (Harvard University Press); and the
Premiers History Award (NSW). She is also co-author of Rage for Order: The
British Empire and the Origins of International Law, 1800-1850 (co-authored
with Lauren Benton, 2016) and author of The King’s Peace, which will be
published by Harvard later this year. Ford is currently leading a collaborative
project funded by the Australian Research Council exploring the role of
commissions of inquiry sent throughout the British Empire in the 1820s on which
subject she hopes to lead author a book manuscript this year. She also holds a
four-year ARC Future Fellowship, during which she will explore the changing use
of martial law in the British Empire from the late eighteenth century until
1865.
Jessica
Hinchy: 'Child Removal and
the Colonial Governance of the Family: Hijra and "Criminal Tribe" Households
in North India, c. 1865-1900'
Historians have primarily examined
colonial child removal projects in settler colonial contexts. Yet from 1865,
the colonial government in north India forcibly removed children from
criminalised communities. Child separation began in the households of gender
non-conforming people labelled ‘eunuchs,’ particularly Hijras, and eventually
extended to socially marginalised people designated as ‘criminal tribes,’
especially Sansiyas. First, what does a comparison of these child removal
schemes tell us about the colonial governance of the family? Patrilineal,
conjugal and reproductive household models marginalised Hijras and Sansiyas in
differing ways, while the category of ‘child’ was contingently defined. Child
separation was attempted to varying ends, including both elimination and
assimilation. Yet often, the colonial state could not sustain such intensified
forms of intimate governance in the face of resistance from households. Nor
could officials simply determine removed children’s futures. Second, what does
child removal suggest about the making of colonial law? When children were
initially removed from Hijra and Sansiya households, officials admitted that
‘the law may have been somewhat strained,’ since existing laws did not provide
police or magistrates with legal powers to separate these children. The Sansiya
child removal project, for instance, prompted debates about colonial legal
exceptions and the ‘legality’ of the colonial state’s practices among colonial officials
and Indian and European non-officials.
Jessica Hinchy is an Assistant Professor
of History at Nanyang Technological University in Singapore. She researches the
history of gender, sexuality, households and family in colonial north India. In
2019, Cambridge University Press published her first monograph, Governing
Gender and Sexuality in Colonial India: The Hijra, c. 1850-1900. Her research
has also appeared in Modern Asian Studies, Gender & History and Asian
Studies Review, among other journals.
The event will take place by zoom on Friday
5 March (or Thursday 4 March, depending on your timezone - see below). Please
register here (via
Eventbrite) to attend.
Timezones:
Sydney @ 12.30 pm on 5 March
Singapore @ 9.30 am on 5 March
Auckland @ 2.30 pm on 5 March
New Delhi @ 7.00 am on 5 March
London/Dublin @ 1.30 am on 5 March
Nairobi @ 4.30 am on 5 March
Vancouver @ 5.30 pm on 4 March