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To Share, Not Surrender offers an entirely new approach to assessing Indigenous-settler conflict over land, opening scholarship to the public and augmenting it with First Nations community expertise. Informed by cel'an'en - "our culture, the way of our people" - this multivocal work of essays traces the transition from treaty-making in the colony of Vancouver Island to reserve formation in the colony of British Columbia. The collection also publishes translations/interpretations of the treaties into the SENCOTEN and Lekwungen languages. An all-embracing exploration of the struggle over land, To Share, Not Surrender advances the urgent task of reconciliation in Canada.
To Share, Not Surrender offers an entirely new approach to assessing Indigenous-settler conflict over land, opening scholarship to the public and augmenting it with First Nations community expertise. Informed by cel'an'en - "our culture, the way of our people" - this multivocal work of essays traces the transition from treaty-making in the colony of Vancouver Island to reserve formation in the colony of British Columbia. The collection also publishes translations/interpretations of the treaties into the SENCOTEN and Lekwungen languages. An all-embracing exploration of the struggle over land, To Share, Not Surrender advances the urgent task of reconciliation in Canada.
This sixth volume in the Osgoode Society's distinguished series on the history of Canadian law turns to the a central theme in the history of British Columbia and the Yukon - law and order. In the early days of British sovereignty, the frenzied activity of the fur trade and the gold rush, along with clashes between settlers and Natives, made law enforcement a difficult business. Later, although law and order were more firmly established, tensions continued between the dominant populations committed to the practice and rhetoric of British justice and those groups owing allegiance to other value systems (such as Native peoples, Asian immigrants, and Doukhobors) or those resisting authority (criminals and the criminally insane). These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system. The essays cover a wide range of topics, and explore the human as well as the legal dimensions of their subjects, relating specific cases to broader theory. They demonstrate that English law has been flexible enough to accommodate diversity and is, therefore, pragmatic. The volume also proves that there is no single Canadian legal culture: geography, demography, politics, economics, and military considerations have had an impact on the shape of our legal culture. The introduction by John McLaren and Hamar Foster pulls together the many regional themes to provide a clear overview of the legal complexities of the period.
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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