Between law and custom : high and low legal cultures in the lands of the British diaspora-- the United States, Canada, Australia, and New Zealand, 1600-1900
Type
Book
Authors
ISBN 10
0521792835
ISBN 13
9780521792837
DDC
340.5
Category
Comparative Study
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Publication Year
2002
Publisher
Pages
xvi, 560 pages
Subject
Comparative study
Tags
Abstract
"This book explores the three-way struggle between the British colonists who settled North America, Australia, New Zealand, and South Africa; the British government and its U.S. and Canadian federal government successors; and the indigenous peoples of the settled regions. In the colonies, British law and popular norms clashed over a range of issues, including ready access to land, the property rights of aboriginal people, the taking of property for public purposes, and master-servant relationships." - Voila
Description
Content:
pt. 1. Land. 1. Law versus Customs. 2. Corncribs, Manuring, Timber, and Sheep: Landlords, Tenants, and Reversioners. 3. "They Seem To Argue that Custom Has Made a Higher Law": Squatters and Proprietors. 4. Protecting One's Prope'ty: Takings, Easements, Nuisances, and Trespasses -- pt. 2. Agreements. 5. We Have an Agreement: The Formal and Informal Law of Sales, Third-Party Beneficiary, Common Carrier, and Contingency-Fee Contracts. 6. Work: The Formal and Informal Law of Labor Contracts -- pt. 3. Accidents. 7. Judicial Responses to Negligence Claims by the British Diaspora, 1800-1910. 8. Beneath the Iceberg's Tip: Personal Injury Suits, Out-of-Court Settlements, and Trial Court Awards: The Real Law of Accidents. 9. Further Sorties into the High, Middle, and Low Legal Cultures of the British Diaspora, with Some Conclusions.
pt. 1. Land. 1. Law versus Customs. 2. Corncribs, Manuring, Timber, and Sheep: Landlords, Tenants, and Reversioners. 3. "They Seem To Argue that Custom Has Made a Higher Law": Squatters and Proprietors. 4. Protecting One's Prope'ty: Takings, Easements, Nuisances, and Trespasses -- pt. 2. Agreements. 5. We Have an Agreement: The Formal and Informal Law of Sales, Third-Party Beneficiary, Common Carrier, and Contingency-Fee Contracts. 6. Work: The Formal and Informal Law of Labor Contracts -- pt. 3. Accidents. 7. Judicial Responses to Negligence Claims by the British Diaspora, 1800-1910. 8. Beneath the Iceberg's Tip: Personal Injury Suits, Out-of-Court Settlements, and Trial Court Awards: The Real Law of Accidents. 9. Further Sorties into the High, Middle, and Low Legal Cultures of the British Diaspora, with Some Conclusions.
Biblio Notes
Includes bibliographical references and indexes.
Number of Copies
1
