Peter Oliver – författare

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

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This is the history of the foundations of modern carceral institutions in Ontario. Drawing on a wide range of previously unexplored primary material – including the papers of prison inspectors and officials and the correspondence of those who wrote to the authorities – Peter Oliver provides a narrative and interpretative account of the penal system in nineteenth-century Ontario.In a century of massive social change, the penal system remained rural, local, decentralized, and resistant to transformations that were affecting other areas of society. Despite the efforts of reformers, neither the political elites nor Ontarians in general paid much attention to the inadequacies of a system plagued by neglect, penny-pinching, and the vagaries of local control. In the 1830s, the Kingston penitentiary and punishment by incarceration became the cornerstones of the system, and these elements, however flawed, dominated the Ontario correctional system until the late twentieth century.'Terror to Evil-Doers' focuses on the purposes and internal management of particular institutions. By synthesizing a wealth of new material into a comprehensive framework, Oliver's seminal study lays the groundwork for future students and scholars of Canadian history, criminology, and sociology.

One difficulty in writing a balanced history of the American Revolution arises in part from its success as a creator of our nation and our nationalistic sentiment. Unlike the Civil War, unlike the French Revolution, the American Revolution produced no lingering social trauma in the United States—it is a historic event widely applauded by Americans today as both necessary and desirable. But one consequence of this happy unanimity is that the chief losers of the War of Independence—the American Loyalists—have fared badly at the hands of historians. This explains, in part, why the account of the Revolution recorded by self-professed Loyalist and Chief Justice of the Superior Court of Massachusetts, Peter Oliver, has heretofore been so routinely overlooked.Oliver's manuscript, entitled "The Origins & Progress of the American Rebellion," written in 1781, challenges the motives of the founding fathers, and depicts the revolution as passion, plotting, and violence. His descriptions of the leaders of the patriot party, of their program and motives, are unforgiving, bitter, and inevitably partisan. But it records the impressions of one who had experienced these events, knew most of the combatants intimately, and saw the collapse of the society he had lived in. His history is a very important contemporary account of the origins of the revolution in Massachusetts, and is now presented here in it entirety for the first time.

This collection of essays explore the long-standing,intricate relationship between law and faith. Faith in this context is to be read in the broadest sense, as extending beyond religion to embrace the knowledge, beliefs, understandings and practices which are at work alongside the familiar and seemingly more reliable, trusted and relatively certain content and conventionally accepted methods of law and legal reasoning. The essays deal with three broad themes. The first concerns the extent to which faith should be involved in legal decision making. Ought decisions to aspire simply to right reason or ought faith-based models of decision-making to be incorporated into the legal system? If the latter, how is this best done? Ought faith to operate simply as a reason itself or ought it to help to structure the method by which legal decisions are reached? The second, and perhaps most familiar theme, stemming in part from rights discourse, is the extent to which law does, and ought to, respect the rights of those whose religious beliefs conflict with the dominant social norms and practices.Liberal democratic constitutions typically provide protection for religion and religious beliefs. Are these justified, and if so how? Can such protection as exists suffice from the perspective of the faithful, or does law's otherwise pervasive agnosticism make this impossible or illusory? Thirdly, questions of identity and difference arise. Assuming that most societies remain a mix of many faiths (religious and secular) and no faith, how should law and legal theory understand the varying and, it must be said, conflicting claims for recognition. Should we encourage conformity in the hope of reducing friction, or should we preserve and promote difference, seeking to understand others, whether groups or individuals, without removing that which makes them distinct? More radically and controversially, should we be more sceptical of individual and group claims to authenticity and see them rather as strategies in an ongoing power game? Faith after all, like reason and law, has never been far from politics and intrigue, especially in its institutional representation.Contributors: Zenon Bankowski, Anthony Bradney, Claire Davis, John Gardner, Adam Gearey, Tim Macklem, Maleiha Malik, Victor Tadros.