Law and Society
Founding editor: W. Wesley Pue
The Law and Society Series explores law as a socially embedded phenomenon. It is premised on the understanding that the conventional division of law from society creates false dichotomies in thinking, scholarship, educational practice, and social life. Books in the series treat law and society as mutually constitutive and seek to bridge scholarship emerging from interdisciplinary engagement of law with disciplines such as politics, social theory, history, political economy, and gender studies.
Critical Disability Theory
Essays in Philosophy, Politics, Policy, and Law
This book argues that we need a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements.
Courts and Federalism
Judicial Doctrine in the United States, Australia, and Canada
Examining recent developments in the judicial review of federalism through detailed surveys of the United States, Australia, and Canada, this book urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government.
Sanctuary, Sovereignty, Sacrifice
Canadian Sanctuary Incidents, Power, and Law
Facing immediate deportation, a lone Guatemalan migrant entered sanctuary in a Montreal church in December 1983. Thus began the practice of sanctuary in Canada.
Good Government? Good Citizens?
Courts, Politics, and Markets in a Changing Canada
Examining the altered roles of courts, politics, and markets over the last two decades, this book explores the evolving concept of the citizen in Canada at the beginning of this century.
Laws and Societies in the Canadian Prairie West, 1670-1940
Challenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples.
Mapping Marriage Law in Spanish Gitano Communities
Comparative law and legal anthropology have traditionally restricted themselves to their own fields of inquiry. Mapping Marriage Law in Spanish Gitano Communities turns this tendency on its head and investigates what happens when ...
Multicultural Nationalism
Civilizing Difference, Constituting Community
Canada's national question is self-defeating: attempts to constitute a Canadian political community generate polarizing and depoliticizing deliberations.
Governing with the Charter
Legislative and Judicial Activism and Framers' Intent
Has parliamentary democracy been weakened by judicial responses to the Charter?
Despotic Dominion
Property Rights in British Settler Societies
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.
Securing Borders
Detention and Deportation in Canada
A close look at the laws, policies, and practices of detention and deportation in Canada since the Second World War.
Defending Rights in Russia
Lawyers, the State, and Legal Reform in the Post-Soviet Era
First Nations Sacred Sites in Canada's Courts
This book demonstrates how and why courts have failed to fairly treat First Nations sacred sites, which are under increasing threat worldwide due to state appropriation and insatiable demands on natural resources.
The Heiress vs the Establishment
Mrs. Campbell's Campaign for Legal Justice
A rare first-person account of Canada’s early twentieth century legal system, this books retells the Mrs. Campbell fourteen-year-battle with the Ontario legal establishment to claim her mother’s estate.
Humanitarianism, Identity, and Nation
Migration Laws in Canada and Australia
Catherine Dauvergne examines the relationship between migration laws and national identities and highlights the role of humanitarianism in this linkage.
Tournament of Appeals
Granting Judicial Review in Canada
Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada’s Supreme Court, this book offers both a qualitatively and quantitatively-based explanation of how Canada’s justices grant judicial review.
Gay Male Pornography
An Issue of Sex Discrimination
Using the 2000 Little Sisters v Customs Canada case as a springboard, Kendall argues that gay male pornography violates the legal right to sex equality, and that there is little to be gained from sexualized conformity.
From UI to EI
Waging War on the Welfare State
From UI to EI examines the history of Canada’s unemployment insurance system and the rights it grants to the unemployed.
The Courts and the Colonies
The Litigation of Hutterite Church Disputes
A detailed account of the litigation between various Hutterite factions and colonies in Manitoba and the US that led to a major division in the 1990s.
Compulsory Compassion
A Critique of Restorative Justice
A multi-faceted consideration and critique of the compelling and emotionally seductive rhetoric of restorative justice.
Feminist Activism in the Supreme Court
Legal Mobilization and the Women's Legal Education and Action Fund
A cogent analysis of legal mobilization as a strategy for social and activist movements.
People and Place
Historical Influences on Legal Culture
Collective Insecurity
The Liberian Crisis, Unilateralism, and Global Order
A probing analysis and critique of the historical dysfunction of the post-colonial African state and the tragic collapse of Liberia.
Unnatural Law
Rethinking Canadian Environmental Law and Policy
This award-winning book comprehensively assesses of the strengths and weaknesses of Canadian environmental law.
Taxing Choices
The Intersection of Class, Gender, Parenthood, and the Law
This fascinating analysis of the controversial Symes case of the 1990s examines how class and gender interests clashed over the tax treatment of childcare.
Regulating Lives
Historical Essays on the State, Society, the Individual, and the Law
This collection explores the treatment of incest in the criminal courts, racial-ethnic dimensions of alcohol regulation, public health initiatives around venereal disease, and the seizure and indoctrination of Doukhobor children, among other issues.
Gender in the Legal Profession
Fitting or Breaking the Mould
A thoughtful analysis of the causes and implications of the gendered structure of the legal profession in Canada and elsewhere.