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1 Faculty of Law / the University of Manitoba SYLLABUS CANADIAN LEGAL HISTORY History 3780/Law 3410 WINTER 2013 Delloyd J. Guth

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1 Faculty of Law / the University of Manitoba SYLLABUS CANADIAN LEGAL HISTORY History 3780/Law 3410 WINTER 2013 Delloyd J. Guth Faculty of Law / The University of Manitoba SYLLABUS CANADIAN LEGAL HISTORY History 3780/Law 3410 WINTER 2013 DeLloyd J. Guth, Ph.D. Professor of Law and Legal History Office: 305/I, Robson Hall: Thursdays 2:00-4:00 p.m. and by appointment (474-6149 or 488-7477 or email = [email protected]) Class Meets: Thursdays 5:00-8:00 p.m., Room 205, Robson Hall (or occasionally at Guth's home). MISSION: TO EXPAND YOUR SELF-SUFFICIENT PRIMARY EVIDENCE RESEARCH-WRITING SKILLS AND YOUR SELF-CONFIDENCE, FOR THE BENEFIT OF FUTURE CLIENTS AND PRESENT READERS! THIS COURSE WILL BETTER INFORM YOU ON SELECT SUBSTANTIVE AND PROCEDURAL AREAS OF LAW, THEIR ORIGINS AND DEVELOPMENT: ABORIGINAL, ENGLISH, FRENCH, CANADIAN, MANITOBAN. PURPOSE: Canada's history has been best documented in matters legal and judicial, if only because law creates systems with procedures that construct authoritative records for human activities. This course offers both substantive and methodological contents in a chronological manner, working with primary evidence in Winnipeg's abundant legal-judicial archives and libraries, wherever possible. REQUIREMENTS AND EVALUATION: This is an interdisciplinary course centered in the professional, postgraduate curriculum of the Faculty of Law, cross-listed for credit in the Department of History. There are no course pre-requisites. (a) Each LAW STUDENT will be graded on individual performance for TWO RESEARCH ESSAYS (25% of total course grade = 1st essay, 60% = 2nd essay), plus ONE ORAL REPORT on assigned articles (5%), the AALT research/writing assignment (5%), and the “Old Bailey” criminal law case search (5%); a confidentially communicated evaluation or progress report will be available whenever the student requests it. The two research essays must be submitted in draft form on or before fixed deadlines; they will be corrected, criticized and returned without grades, to allow for revision and re-thinking; and the final versions, along with the drafts, will be due on or before the first day of Final Exams, Monday 15 April 2013. (b) Each HISTORY STUDENT has a departmental requirement for a final (take-home) exam based on all course work and readings, worth 30% of the total grade; the first essay, based on the Jesuit Relations is worth 25% and the second research essay will also be worth 30% of the final grade, but this second essay needs to be only 8-10 pages long; with 5% based on the oral report noted above and 5% each for the AALT assignment and the “Old Bailey” criminal law case search. (c) If late submission of one or more essays requires any deferral, this must be obtained respectively by law students from the Associate Dean, Faculty of Law, and by history students from the Head, Department of History, after consultation with the teacher. The course withdrawal deadline is Wednesday 20 March 2013 for both law students and for history students without academic penalty; and evaluative information to that date will be available upon request to Professor Guth. History students who wish to appeal a grade given for course work must do so within ten (10) working days of the semester =s work grade first being made available to them. 1 (d) The teacher of this course strictly enforces the rules on plagiarism, cheating, and essay or examination impersonation defined under “Section 8: Academic Integrity” of this University's General Academic Regulations. The common penalty in the Faculties of Arts and Law for plagiarism in a written assignment, test, or examination is F (DISC = disciplinary action) on the paper and F (DISC = disciplinary action) for the course: this includes the purchase of an essay or cheating on a test or examination; and student work suspected of being plagiarised may be searched on Internet sites designed to detect plagiarism. STUDENTS UNDERTAKE THAT SUBMITTED RESEARCH AND WRITING IS THEIR OWN ORIGINAL WORK FOR THIS COURSE ALONE. (e) Each student is free to choose a topic for the FIRST ESSAY (see Syllabus for the First Week in January 2013 and the JESUIT RELATIONS assignment sheet): this essay's maximum length will be 6 pages, doubled-spaced typed, or 6-8 pages handwritten. (f) The SECOND ESSAY will have everyone researching and writing on their own choice of topic, provided the research is based in primary evidence and the topic relates to law in Canada. You are encouraged to think about possible topics as soon as possible; and then discuss the choices directly with Professor Guth, to identify the one that best suits your interests and the course’s focus on primary, preferably archival, evidence. This essay's maximum length for LAW STUDENTS will be 30 pages, doubled-spaced typed, and for HISTORY STUDENTS 8-10 pages, presented to publishable standards regarding style, analysis, primary research and originality. For footnoting and bibliographical forms, we will generally follow the Canadian Guide to Uniform Legal Citation (Scarborough, Ontario: Carswell, 1992), 7 th ed., supplemented by the class handout: DeLloyd J. Guth, “The Citation of Canadian Public Documents,” The Chicago Manual of Style , 15 th ed. (Chicago: The University of Chicago Press, 2003). TEXTBOOK: You are encouraged to purchase (special student price = $20.00) directly in class, Canada’s Legal Inheritances , ed. by DeLloyd J. Guth and W. Wesley Pue (Winnipeg: Canadian Legal History Project, Faculty of Law, 2001); but this is not a requirement and copies are available on Reserve in the Law Library. Most course readings are in this book and the rest will be available from the teacher. HISTORICAL REFERENCE: For general background you can consult any recent historical survey; for example, see Jack M. Bumsted, The Peoples of Canada (1992), vols. I and II [on RESERVE]. GRADE SCALE (University of Manitoba): A+ = 4.5 (90-100%) A = 4.0 (80-89%) B+ = 3.5 (75-79%) B = 3.0 (70-74%) C+ = 2.5 (65-69%) C = 2.0 (60-64%) D = 1.0 (50-59%) F = 0.0 (less than 50%) 2 GENERAL SYLLABUS: LAW 3410 / HISTORY 3780 Canadian Legal History, WINTER 2013 Thursday, 5:00 - 8:00 pm, Robson Hall, Room 205, or occasionally at Professor Guth's home 2012 Topic Assignment for Next Week Week I Introductions to Defining & Locating Law and Begin Research for the Jesuit Relations , FIRST 10 Jan. the Past: What? Where? When? Whose? How? ESSAY; read Elton, Wedgwood, and Guth (on Sixteenth-Century Anglo-Scottish law). Week II Late-Medieval Anglo-French Laws & Legal FIRST ESSAY (JR) topics chosen. NOTA BENE: we 17 Jan. Cultures, on the Eve of Colonisation will discuss on-line internet access to the Jesuit Relations and to “Proceedings of the OLD BAILEY , London 1674-1799" and to the “Anglo-American Legal Tradition” (AALT) research websites. Week III CLASS MEETING AT HUDSON’S BAY COMPANY Read essays by Henderson and Sprague [CLI]: 24 Jan. AND PROVINCIAL ARCHIVES, PLUS THE discussion leaders to be assigned for 31 Jan; GOVERNMENT RECORDS CENTRE FIRST RESEARCH/WRITING ASSIGNMENT due (AALT) Week IV Reconstructing Aboriginal Law: Seventeenth- Read essays by Dickinson, Vanderlinden, 31 Jan. Century Lower Canada and Nineteenth- Century Goebel, Katz, Flaherty, Bell, Girard, English, Rupert’s Land Peter Karsten. SECOND ESSAY topic to be chosen Week V Reception, Transplantation, Imposition & Read essays by D. Hay, J. Langbein, P. 07 Feb. @ Recognition of Law: Canada 1450-1790, France to Linebaugh, J. Oldham, J. Beattie, and Guth: Guth’s Home Quebec, England to Maritimes & Newfoundland; discussion leaders to be assigned for reports on for DINNER Draft of FIRST ESSAY due! 14 Feb.; SECOND RESEARCH/WRITING ASSIGNMENT due (“Old Bailey”) Week VI Criminal Law in 18 th c. England: Modern Debates Read essays by Gibson, Price; and from 14 Feb. and Perspectives; “Old Bailey” criminal law case Canadian State Trials III , by Bumsted, Lesage, search assignment due! Waiser, and McLachlin, for 28 Feb. Week VII NO CLASS = WINTER BREAK WEEK 21 Feb. Week VIII Founding Manitoba’s Courts, Legislature, Continue research for SECOND ESSAY. 28 Feb. Lawyers: Louis Riel’s Role and Trial Read essays by M. Greenwood, P. Romney, R. VISITING PROFESSOR PHILIP GIRARD Smandych, H. Foster: discussion leaders to be (DALHOUSIE/LAW) assigned, for 07 March. Week IX 19 th c. Law and Institutions: the Canadas, British Read the Articles of Confederation (1777), U.S. 07 March Columbia & the North West Constitution (1789), B.N.A. Act (1867), and Manitoba Act (1870) for 14 March. Week X Comparative Canadian and U.S. 14 March Constitutional Principles and Realities, 1763-1867 Week XI PROGRESS REPORTS ON RESEARCH FOR Read Essays by R. Risk and D. Gibson [ CLI ]; Guth 21 March SECOND ESSAY on Brian Dickson : for discussion on 28 March. Week XII Appellate Law: Judicial Committee of the Privy Read essays by Kasirer & Brisson, Backhouse, 28 March Council to Supreme Court of Canada; McCallum, McLaren, Pue, and Strange; DRAFT OF SECOND ESSAY DUE (to be returned discussions leaders to be assigned for 04 April. with corrections for next class) Week XIII Law and Society in Canada, 1850-1920 04 April Week XIV SECOND ESSAY: DISCUSSION LAST CLASS 11 April (Take-home Final Exam Issued: due Monday 15 April @ 4:00 pm @ Robson Hall) Wednesday Both Draft and Final Revised Versions of Both Essays Due for Final Grades and The Osgoode Society 29 April Prize [on or before the last day of Final Exams] 3 Faculty of Law/The University of Manitoba COURSE READINGS CANADIAN LEGAL HISTORY Law 3410 / History 3780 WINTER 2013 Dr. DeLloyd J. Guth (Office: 305-1, Robson Hall: 474-6149) [Class meets Thursdays 4:00-7:00 p.m., 204 Robson Hall, or occasionally at Guth's home] PLEASE NOTE: EACH STUDENT IS EXPECTED TO READ THESE ARTICLES BUT WILL BE REQUIRED TO REPORT ORALLY ONLY ON A MINIMUM OF TWO.
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