This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased a third of the small Musqueam Reserve in Vancouver to an exclusive golf club at far below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision of the Supreme Court of Canada in Guerin v. The Queen. In Guerin, the Court held that the government has a fiduciary duty towards Indigenous peoples – an obligation to act in their best interests. This landmark decision is explored in this book, written by an Aboriginal rights lawyer who served as one of the legal counsel for the Musqueam and argued on their behalf all the way to the highest court. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and the major impact that Guerin had on Canadian law, politics, and society. The Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision with implications that resonate today, not only in Canada but also in other Commonwealth countries.

In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."

Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.

This title explores how wardship literature in romance may be used in studies of wardship, and how it may complement an understanding of legal history. Wardship discourse is examined in a variety of sources - legal treatises, cases, and romance.

This encyclopedia-style dicitonary explores early modern social life, legal thought, and the interactions within Shakespearean drama.

This thorough examination of the feudal powers of English kings in the thirteenth and early fourteenth centuries is the only study to analyze the actual pattern of royal grants and the grantees' use of their rights, and to place them in the social context of marriage, kinship, and landholding within the English elite. The royal rights, known as feudal incidents, included custody of a tenant's lands when he died leaving minor heirs, the arrangement of the heir's marriage, and consent to the widow's remarriage. Scott Waugh shows how the king exercised those rights and how his use of feudal incidents affected his relations with the tenants-in-chief. He concludes that royal lordship was of fundamental importance in reinforcing the power and prestige of the monarchy and in offering the king a valuable source of patronage. English kings, therefore, devoted considerable effort to defining and institutionalizing their feudal authority in the thirteenth century. It is also clear that families living under royal lordship were profoundly concerned about these rights, especially since marriage was of such critical importance in providing for the smooth transfer of lands from one generation to another. Given the hazards of life in the Middle Ages, inheritance by minors was a frequent occurrence, and the king's distribution of feudal incidents was therefore a delicate political problem. It raised issues not only about royal finances and favoritism but also about the fate of families. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.