Osgoode Society Books
Our books are listed here chronologically by date of publication. Use the Search function to the right to find a particular book, or author.
MEMBERS’ BOOK 2020
Our members’ book for 2020 is Doodem and Council Fire: Anishinabe Governance through Alliance, by Heidi Bohaker, Associate Professor of History, University of Toronto and published by the University of Toronto Press. While Canada’s constitution protects Indigenous treaty rights, Canadians know much less about the legal traditions of Indigenous nations and the ways in which these different traditions informed treaties made between Indigenous peoples and the Crown. This volume is a ground-breaking exploration of one Indigenous legal tradition. In it, the author explains how a uniquely Anishinaabe category of kinship, the doodem, structured governance and law as practiced in formal councils (referred to metaphorically as fires) through the practice of alliance formation. Such alliances created relationships of interdependence, which were renewed through the exchange of gifts in council. The records of early Canadian treaties, Bohaker argues, are to be found in the records of gifts exchanged to create these alliances between council fires; the Anishinaabe treated the French, and later the British, as if their governments were council fires also. In return, colonial officials adhered to Indigenous law when they entered into treaties. Bohaker weaves together a voluminous amount of research from both Anishinaabe and European sources, including archival documents and material culture from institutions in Canada, Britain and France, to describe the continuities and changes in Anishinaabe governance and law until settler colonial law (the Indian Act) replaced traditional governance with elected band councils.
OPTIONAL EXTRA 2020
In 2020 we are also publishing The Death Penalty and Sex Murder in Canadian History, by Professor Carolyn Strange of the Australian National University in Canberra. This major study of the operation of the death penalty focusses on the disposition by executive review of all cases between Confederation and the abolition of the death penalty in which the offender not only committed murder but did so at the same time as he (or she) also committed a serious sexual offence. Professor Strange is able to show that such offenders fared much less well in the commutation process than other people convicted of murder and sentenced to death. As importantly, she divides the overall narrative into six periods, showing that within each period political, administrative and public consideration of the cases were conducted against a background of other concerns, ranging from the ‘danger’ of immigrants to the rise of psychiatric concern with such offenders to the abolition movement of the 1960s.
By James Muir, Professor of Law and History, University of Alberta, published by the University of Toronto Press. This is a path-breaking study of the every day work of civil law and civil courts. It examines the type of litigation pursued (mostly debt), how the courts worked, and how the economy operated in a society… Read more »
by Philip Girard, Professor, Schulich School of Law, Dalhousie University. Published with University of Toronto Press, 2011. Well known to Osgoode Society readers as the author of an award winning biography of Bora Laskin, Philip Girard’s Lawyers and Legal Culture in British North America: Beamish Murdoch of Halifax is much more than a biography of… Read more »
by Barry Cahill, Independent Scholar. Published with the University of Toronto Press, 2000. Barry Cahill’s study of the life of James McGregor Stewart adds an exciting new dimension to Canadian legal biography. James McGregor Stewart (1889-1955) was a towering figure in Canada’s inter-war legal and business establishments. The foremost Canadian corporation lawyer of his day, head… Read more »
edited by Jim Phillips, Professor, Faculty of Law, University of Toronto, and Philip Girard, Professor, Osgoode Hall Law School. Published with the University of Toronto Press, 1990. An introduction by the editors is followed by ten essays grouped into four main areas of study. The first is the legal system as a whole: essays in this section discuss… Read more »