An edition of Just between the law and us (2010)

Just between the law and us

persons and property

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Last edited by MARC Bot
March 27, 2021 | History
An edition of Just between the law and us (2010)

Just between the law and us

persons and property

  • 1 Want to read

"Just Between the Law and Us: Persons and Property is an edited collection of readings in private law theory, focusing in particular on the social and philosophical context of private law rules. It is intended to introduce readers to the nature of the public/private divide, individualism and legal personhood. The book opens with a set of readings on the nature of classification in private law, continues with exploration of some fundamental assumptions at work in private law, and concludes with materials related especially to property law. For purposes of illustration, it includes extensive readings on the place of women, children and aboriginal peoples in private law theory."--pub. desc.

Publish Date
Publisher
Captus Press
Language
English
Pages
384

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Previews available in: English

Edition Availability
Cover of: Just between the law and us
Just between the law and us: obligations
2011, Captus Press
in English
Cover of: Just between the law and us
Just between the law and us: persons and property
2010, Captus Press
in English

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Book Details


Table of Contents

1. Private Law and the Social World
Of Persons and Property: The Politics of Legal Taxonomy / David Cohen and Allan Hutchinson
Donoghue (or M'Alister) v. Stevenson
Priestley v. Fowler
Prostitutes and Persons / Alison Diduck and William Wilson
2. Legal Individualism
Ancient Law / Sir Henry Sumner Maine
Individualism / Steven Lukes
Atomism / Charles Taylor
Towards an Ethics of Relationships / Eugene Fontinell
Malette v. Shulman
R. v. Latimer
Rodriguez v. British Columbia (A.G.)
Assisted Suicide and the Notion of Autonomy / Gordon DuVal
Hill v. Church of Scientology of Toronto
3. The Public/Private Distinction
Can Law Challenge the Public/Private Divide? Women, Work, and Family / Susan B. Boyd
The History of the Public/Private Distinction / Morton J. Horwitz
Shelley v. Kraemer; McGhee v. Sipes
Noble & Wolf v. Alley
Christie v. The York Corporation
4. Legal Personality
Degrees of Personhood / Christian Perring
The Personality of an Idol / P.W. Duff
The Significance of Legal Personhood / T.B. Dawson
Law in Corporate Society / Roger Cotterrell
The Development of Capitalism / Tom Hadden
Walkovzsky v. Carlton
R.J.R.-MacDonald Inc. v. Canada (A.G.)
Should Trees Have Standing?
Toward Legal Rights for Natural Objects / C.D. Stone
Sierra Club v. Morton
The Transition from Property to People: The Road to the Recognition of Rights for Non-human Animals / Derek W. St. Pierre
5. Women and Personhood
Rights of Persons / Sir William Blackstone
Bradwell v. The State
Seneca Falls Declaration
Henrietta Muir Edwards et al. v. Canada (A.G.)
The Canadian Charter of Rights and Freedoms
Morgentaler v. The Queen
Tremblay v. Daigle
6. Partial Personhood: The Legal Construction of Disability
E. (Mrs.) v. Eve
Disabling Autonomy: The Role of Government, the Law, and the Family / Carole Smith
Eldridge v. British Columbia (A.G.)
McKinney v. University of Guelph
R. v. K.(M.)
Children Start to Flex Legal Muscles / Sean Fine
Can't We Allow This Boy Some Dignity in Death? / Rachel Giese
Re Y.(A.)
United Nations: Convention on the Rights of the Child
7. Collective Identity and Personhood: Canada's Aboriginal Peoples
An Historical Overview
Tribal Philosophies and the Canadian Charter of Rights and Freedoms / Menno Boldt and J. Anthony Long
People to People, Nation to Nation / Royal Commission of Aboriginal Peoples
Native Women's Assn. of Canada v. Canada
Corbiere v. Canada (Minister of Indian and Northern Affairs)
Elements of the Legal and Legislative Systems That Create Barriers to First Nations Child and Family Services
Racine v. Woods
8. The Legal Construction of Family
Moge v. Moge
Miron v. Trudel
Egan v. Canada
M. v. H.
Lesbian (and Gay) Custody Claims: What Difference Does Difference Make? / Susan B. Boyd
Halpern v. Canada (Attorney General)
9. Parenting, the Law and the State
Parenting and the Best Interests of Minors / Robin S. Downie and Fiona Randall
Stanley v. Illinois
Children's Law Reform Act
King v. Low
Johnson-Steeves v. Lee
Chartier v. Chartier
Children's and Family Rights and the Role of the State in Custody and Child Protection Matters / Kate A. Hughes and H.T.G. Andrews
Child and Family Services Act
B.(R.) v. Children's Aid Society of Metropolitan Toronto
Winnipeg Child and Family Services (Northwest Area) v. G.(D.F.)
Baker v. Canada (Minister of Citizenship and Immigration)
10. The Legal Construction and Justification of Property
Of Property / John Locke
Principles of the Civil Code / Jeremy Bentham
What Is Private Property? / Jeremy Waldron
The Justification of Property / Morris Cohen
Stephen J. Field and Public Land Law Development in California, 1850-1866: A Case Study of Judicial Resource Allocation in Nineteenth-Century America / Charles W. McCurdy
Edwards v. Sims
Pair Accused of Trying to Sell 'found' Bassoon / Jeremy Mercer
Trachuk v. Olinek et al
Images of Property in Canadian Law / Michael Mac Neil
11. Rights Associated with Land
Harrison v. Carswell
United Steelworkers of America v. The Adams Mine, Cliffs of Canada Ltd
Ontario (A.G.) v. Dieleman et al.; Torcan Women's Reproductive Health Clinic et al
A Private Property Duty of Stewardship: Changing Our Land Ethic / James P. Karp
Palmer v. Nova Scotia Forest Industries
Hickey et al. v. Electric Reduction Co. of Canada, Ltd
12. Rights of Property and The Family
Married Women and Property Law in Victorian Ontario / Lori Chambers
Murdoch v. Murdoch
Pettkus v. Becker
Family Law Act
Rawluk v. Rawluk
Caratun v. Caratun
13. Rights of Property and Canada's Aboriginal Peoples
Common Law Aboriginal Title / Kent McNeil
St. Catharines Milling and Lumber Co. v. Ontario (A.G.)
Guerin v. Canada
Canadian Charter of Rights and Freedoms
Delgamuukw v. British Columbia
14. Changing Conceptions of Property
The New Property of the Nineteenth Century: The Development of the Modern Concept of Property / Kenneth J. Vandervelde
The Twentieth-Century Revolution in Family Wealth Transmission / John H. Langbein
International News Services v. The Associated Press
Moore v. The Regents of the University of California
Combating Cultural Appropriation in the American Southwest: Lessons from the Hopi Experience Concerning the Uses of Law / David Howes
Fencing Cyberspace: Drawing Borders in a Virtual World / Maureen A. O'Rourke
Plant Breeders' Rights in Canada and Abroad: What Are These Rights and How Much Must Society Pay for Them? / Natalie M. Derzko
Universal Declaration on the Human Genome and Human Rights / UNESCO
Harvard College v. Canada (Commissioner of Patents)
Monsanto Canada Inc. v. Schmeiser.

Edition Notes

Previously published as part of Just between the law and us : introductory readings in private law. First eds. published under title: Introduction to private law relationships.

Includes bibliographical references.

Published in
Concord, Ont
Series
Canadian legal studies series, Canadian legal studies series
Other Titles
Introduction to private law relationships.

Classifications

Dewey Decimal Class
346.71
Library of Congress
KE

The Physical Object

Pagination
ix, 384 p.
Number of pages
384

ID Numbers

Open Library
OL32112239M
Internet Archive
justbetweenlawus0000unse
ISBN 10
1553222326
ISBN 13
9781553222323
OCLC/WorldCat
651119179
Amazon ID (ASIN)

Work Description

"Just Between the Law and Us: Obligations is an edited collection of readings in private law theory, focusing in particular on the social and philosophical context of private law rules. The book is intended to assist readers in developing a critical understanding of contract and tort law and the law of fiduciaries, all in the context of some basic assumptions underlying private law rules. For purposes of illustration, the readings include extensive excerpts from leading cases and thoughtful academic commentary."--pub. desc.

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March 27, 2021 Created by MARC Bot import new book