Franklin

Calling power to account : law, reparations and the Chinese Canadian head tax case / edited by David Dyzenhaus and Mayo Moran.

Publication:
Toronto, [Ontario] ; Buffalo, [New York] ; London, [England] : University of Toronto Press, 2005.
Format/Description:
Book
1 online resource (488 p.)
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Subjects:
Chinese -- Legal status, laws, etc. -- History -- Congresses.
Reparations for historical injustices -- Canada -- Congresses.
Chinese -- Taxation -- Law and legislation -- Canada -- History -- Congresses.
Race discrimination -- Law and legislation -- Canada -- History -- Congresses.
Emigration and immigration law -- Canada -- History -- Congresses.
Form/Genre:
Electronic books.
Language:
English
Summary:
Courts today face a range of claims to redress historic injustice, including injustice perpetrated by law. In Canada, descendants of Chinese immigrants recently claimed the return of a head tax levied only on Chinese immigrants. Calling Power to Account uses the litigation around the Chinese Canadian Head Tax Case as a focal point for examining the historical, legal, and philosophical issues raised by such claims.By placing both the discriminatory law and the judicial decisions in their historical context, some of the essays in this volume illuminate the larger patterns of discrimination and the sometimes surprising capacity of the courts of the day to respond to racism. A number of the contributors explore the implications of reparations claims for relations between the various branches of government while others examine the difficult questions such claims raise in both legal and political theory by placing the claims in a comparative or philosophical perspective.Calling Power to Account suggests that our legal systems can hope to play a part in responding to their own legacy of past injustice only when they recognize the full array of issues posed by the Head Tax Case.
Contents:
Frontmatter
Contents
Preface and Acknowledgments
Contributors
Context and History
Mack v. Attorney General of Canada: Equality, History, and Reparation / Dyzenhaus, David / Moran, Mayo
Litigating Injustice / Go, Avvy
Legal Discrimination against the Chinese in Canada: The Historical Framework / Backhouse, Constance
Can We Do Wrong to Strangers? / Macklin, Audrey
The Head Tax Case and the Rule of Law: The Historical Thread of Judicial Resistance to 'Legalized' Discrimination / Mclaren, John
Limits on Institutional Capacity to Address Injustice
The Limits of Constitutionalism: Requiring Moral Behaviour from Government / Eberts, Mary
Delivering the Goods and the Good: Repairing Moral Wrongs / Lu, Catherine
Rights and Wrongs, Institutions and Time: Species of Historic Injustice and Their Modes of Redress / Webber, Jeremy
Redress for Unjust State Action: An Equitable Approach to the Public/Private Distinction / Sossin, Lorne
Legal Theory and Gross Statutory Injustice
Gross Statutory Injustice and the Canadian Head Tax Case / Rivers, Julian
The Juristic Force of Injustice / Dyzenhaus, David
Private Right and Public Wrong
The Timing of Injustice / Smith, Lionel
Mack v. Attorney General of Canada and the Structure of the Action in Unjust Enrichment / Klimchuk, Dennis
A Brief History of Mass Restitution Litigation in the United States / Sebok, Anthony J.
Time, Place, and Values: Mack and the Influence of the Charter on Private Law / Moran, Mayo
Appendix I: Appellants' Factum
Appendix II: Mack v. Attorney General of Canada: Judgment of the Ontario Court of Appeal
Index
Notes:
Description based upon print version of record.
Includes bibliographical references at the end of each chapters and index.
Description based on print version record.
Contributor:
Dyzenhaus, David.
Moran, Mayo, 1960- editor.
ISBN:
1-282-02890-1
9786612028908
1-4426-7166-1
OCLC:
923069309
Publisher Number:
10.3138/9781442671669 doi