The Supreme Court of Nova Scotia, 1754-2004: From Imperial Bastion to Provincial Oracle, Volume 2

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University of Toronto Press, Jan 1, 2004 - History - 515 pages

Prepared to coincide with the 250th anniversary of the establishment of Nova Scotia's Supreme Court, this important new volume provides a comprehensive history of the institution, Canada's oldest common law court. The thirteen essays include an account of the first meeting in 1754 of the court in Michaelmas Term, surveys of jurisprudence (the court's early federalism cases; its use of American law; attitudes to the administrative state), and chapters on the courts of Westminster Hall, on which the Supreme Court was modelled, and the various courthouses it has occupied. Anchoring the volume are two longer chapters, one on the pre-confederation period and one on the modern period.

Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history. They take the reader through the establishment of the one-judge court to the present day ? a unique contribution to our understanding of superior courts.

 

Contents

PHILIP GIRARD AND JIM PHILLIPS
3
A Collective Biography of the Supreme Court Judiciary
6
The Courts of Westminster Hall in the Eighteenth
13
Colonial and Imperial Contexts
30
Origins to Confederation
53
Confederation to
140
Halifax Homes of the Nova Scotia Supreme Court
243
The Supreme Courts First Session
259
Women as Litigants before the Supreme Court
294
American Authority in
321
Instrumentalism and the Law of Injuries in Nineteenth
361
Confederation Adjudicative Culture and the Law of
392
The Labour Relations
449
The Records of the Nova Scotia Supreme Court
491
ILLUSTRATION CREDITS
503
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About the author (2004)

Philip Girard is a professor in the Department of Law, Department of History, and Canadian Studies Programme at Dalhousie University. Jim Phillips is a professor in the Faculty of Law and Department of History and the director of the Centre of Criminology at the University of Toronto. BARRY CAHILL is an independent scholar living in Halifax.

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