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Does history matter any more? In an era when both the past and
memory seem to be sources of considerable interest and, frequently,
lively debate, has the academic discipline of history ceased to
offer the connection between past and present experience that it
was originally intended to provide? In short, has History become a
bridge to nowhere, a structure over a river whose course has been
permanently altered? This is the overarching question that the
contributors to The River of History : Trans-national and
Trans-disciplinary Perspectives on the Immanence of the Past seek
to answer. Drawn from a broad spectrum of scholarly disciplines,
the authors tackle a wide range of more specific questions touching
on this larger one. Does history, as it is practised in
universities, provide any useful context for the average Canadian
or has the task of historical consciousness-shaping passed to
filmmakers and journalists? What can the history of Aboriginal and
non-Aboriginal conceptions of land and property tell us about
contemporary relations between these cultures? Is there a way to
own the past that fosters sincere stock-taking without proprietary
interest or rigid notions of linearity? And, finally, what does the
history of technological change suggest about humanity's ability to
manage the process now and in the future? The philosopher
Heraclitus once likened history to a river and argued for its
otherness by stating that "No man can cross the same river twice,
because neither the man nor the river is the same." This collection
reconsiders this conceptualization, taking the reader on a journey
along the river in an effort to better comprehend the ways in which
past, present, and future are interconnected. With Contributions
By: Jeffrey Scott Brown A.R. Buck Carol B. Duncan Peter Farrugia
James Gerrie Leo Groarke Stephen F.Haller John S. Hill John McLaren
M. Carleton Simpson Robert Wright Nancy E. Wright
Despotic Dominion 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.
The stimulus for this new interdisciplinary scholarship has emerged
from litigation and political action for the resolution of
questions of Aboriginal title and other disputes over property
rights in several former settler colonies, most notably Australia,
Canada, and New Zealand. As the essays in this book demonstrate, a
significant part of the recent explosion in interest and
speculation about property rights relates historically to the
securing of a more reliable cultural context for assessing these
claims. For this reason, Despotic Dominion will be of interest not
only to students and researchers of colonial history, but also to
scholars of native studies and law, as well as those interested in
the contested terrain of property rights.
The essays in this volume reflect the exciting new directions in
which legal history in the settler colonies of the British Empire
has developed. The contributors show 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. Exploring themes of legal translation, local
understandings, judicial biography, and "law at the boundaries,"
they examine the legal cultures of dominions in Canada, Australia,
and New Zealand to provide a contextual and comparative account of
the "incomplete implementation of the British constitution" in
these colonies.
The essays in this volume reflect the exciting new directions in
which legal history in the settler colonies of the British Empire
has developed. The contributors show 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. Exploring themes of legal translation, local
understandings, judicial biography, and "law at the boundaries,"
they examine the legal cultures of dominions in Canada, Australia,
and New Zealand to provide a contextual and comparative account of
the "incomplete implementation of the British constitution" in
these colonies.
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