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Law, Society, and the State: Essays in Modern Legal History

NCJ Number
166852
Editor(s)
L A Knafla, S W S Binnie
Date Published
1995
Length
570 pages
Annotation
Nineteen papers with a historical perspective focus on the themes of comparative colonial legal experiences; disorder, unrest, and state intervention; gender and the law; and the archival sources of the central state, local police forces, and the legal profession.
Abstract
Part One of the volume focuses on colonial law. It is evident from the historiography of colonial common law jurisdictions and colonial relations with the imperial British state that the evolution of colonies into States was not simply a series of separate and unique events. Instead, these transitions and the meanings of particular series of events can be illuminated by considerations of context, conjuncture, and interaction compared with other settings. Thus, any understanding of the interface of law, society, and the state in colonial and post-colonial common law settings must stem from and begin with the colonial circumstances. These experiences form the first part of the volume. The studies in this part range from the subcontinent of India to Southeast Asia, the Caribbean, the United States, and Canada. Part Two contains some recent research on disorder, dissent, and state intervention in Canada and the United States. Part Three contains papers that address conflict that relate to gender and sexuality. Building on the new historiographies of feminism and criminality, the studies selected reflect how gender and sexuality were addressed in legal discourse and how women's lives were affected by the rise of the prison and the welfare state, primarily in Canada. Part Four contains several chapters that provide guidelines and insights for research in common law settings. These essays discuss and assess the archives of the state, local police forces, and law societies and professions. Chapter notes are provided, along with a subject index and tables of cases, statutes, charters, and proclamations. For individual chapters, see NCJ-166853-71.

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