Discipline, discretion and control: the private justice system of the Hudson's Bay Company in Rupert's Land

This thesis examines the private justice system of the Hudson's Bay Company during the first century of its enterprise in Rupert's Land. It explores themes in the development and interaction of legal systems prior to the establishment of state sovereignty. The study of law without a state...

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Bibliographic Details
Other Authors: Nigol, Paul Christian
Language:English
Published: National Libr. of Canada 2001
Subjects:
ang
Online Access:http://www.nlc-bnc.ca/obj/s4/f2/dsk3/ftp05/NQ64879.pdf
http://webdoc.sub.gwdg.de/ebook/p/2005/library_archives_canada/NQ64879.pdf
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Summary:This thesis examines the private justice system of the Hudson's Bay Company during the first century of its enterprise in Rupert's Land. It explores themes in the development and interaction of legal systems prior to the establishment of state sovereignty. The study of law without a state is the primary focus of this work, which is developed thematically and chronologically. A narrative is employed in five thematic areas in order to develop a comparative sketch of legal systems without a state. The introduction develops the larger context of the Company's business and provides an overview of the methodology employed and the sources used. This chapter also examines the intellectual history of colonialism during the Company's first century and current developments in the fields of colonial theory and comparative legal studies. Chapter two examines the Company's central management structure in the context of imperial rivalries, constitutional crises and its methods of managing a colonial business enterprise inthe seventeenth and eighteenth centuries. In addition, and in an effort to develop the legal culture of the Company, biographies of its legal counsel are placed within the framework of the major developments in the profession. Chapters three to six are organized thematically and explore the internal dispute resolution system of the Company at Hudson Bay, the interaction between Aboriginal dispute resolution systems and Company law, the role of the Hudson's Bay Company's navy and naval law in Rupert's Land and the legal status of women and the family. These themes are examined because they were of great concern to the Company's managers during this period and are developed in a narrative format with an eye to certain poignant incidents that took place in Rupert's Land and Europe. The final chapter deals with how these various influences combined to create a dispute resolution system that was unique to Rupert's Land. . Digitalisierungsvorlage Mikrofilm hergest. von Univ. Microfilms Inst., Ann Arbor Copyright: Paul Christian Nigol Alberta, Univ., Diss.--Calgary, 2001 Electronic ed. Ottawa, On. National Libr. of Canada Ottawa, On. National Libr. of Canada 2002 10,4 MB |2002||||||||||