Bibliography of John Peter Somerset McLaren
In early 2009 the University of Victoria Law Faculty met at to launch The Grand Experiment: Law
and Legal Culture in British Settler Societies, a collection of essays created in honour of Emeritus
Professor John McLaren. His colleagues outlined his many contributions to the study of law in
Canada, and in particular his influences on Canadian and colonial legal history. After the
speeches, jokes were shared about the efforts the UBC Press made to disguise the book’s
character as a festschrift. Those efforts were successful enough to keep the work out of The
Index to Common Law Festschriften (this author has now supplied the title to the index).
Perhaps as part of that effort, no complete bibliography of Professor McLaren’s publications was
included in the book. To make up that difference, a bibliography of the works of John McLaren
follows.
Articles
“The Dominican Crisis: An Inter-American Dilemma” (1966) Can. Y.B. Int'l Law 178. “Negligence and Remoteness - The Aftermath of Wagon Mound” (1967) 1 Sask. L. Rev. 45. “Weather Modification and the Law” (1969) 34 Sask. L. Rev. 1.
“The Impact of Limitation Periods on Actionability in Negligence” (1969) 7 Alta. L. Rev. 247.
“The Common Law Nuisance Actions and the Environmental Battle - Well Tempered Swords or Broken Reeds” (1972) 10 Osgoode Hall.L.J. 505.
“Of Doctors, Hospitals and Limitations - The Patient's Dilemma” (1973) 11 Osgoode Hall L.J. 85. “The Origins of Tortious Liability - Some Insights from Contemporary Tribal Societies” (1975) 25 U. of
Toronto L.J. 42.
“The Defamation Action and Municipal Politics” (1980) 29 U. New Brunswick L.J. 123.
“Nuisance and the Industrial Revolution: Some Lessons from Social History” (1983) 3 Oxford Journal of Legal Studies 155.
“The Tribulations of Antoine Ratté: A Case Study of the Environmental Regulation of the Canadian Lumber Industry in the 19th Century” (1984) 33 U.New Brunswick L.J.. 203.
“Legal Education at Calgary: Blending Progress and Tradition” (1985) Dalhousie L.J. 421.
“Canadian Legal Scholarship, Past, Present and Future: Torts and Loss Compensation” (1985) 23 Osgoode Hall L.J. 609.
"The Theoretical and Policy Challenges in Canadian Compensation Law" (1985) 23 Osgoode Hall L. J. 609.
“Chasing the Social Evil: Moral Fervour and the Evolution of Canada's Prostitution Laws” (1986) 1 Can. Journ. Law & Society 125.
"White Slavers": The Reform of Canada's Prostitution Laws and Patterns of Enforcement, 1900-1920” (1987) 8 Criminal Justice History 53.
"New Puritans: 0 Free Speech United:0 - The Great Canadian Pornography Shoot-Off" (1988) 9 Journal of Media Law and Practice 128.
"Comment on Crime Comics and Pornography" (1988) 20 Ottawa L. Rev. 53.
"Maternal Feminism in Action - Emily Murphy P.M." (1989) 8 Windsor Y.B. of Access to Justice 234. "The Overlap of Tort and Contract: A Return to Older Wisdom" (1989) 69 Can. Bar. Rev. 30. "The Early British Columbia Supreme Court and the `Chinese Question': Echoes of the Rule of Law"
(1991) 20 Manitoba Law Journal 107.
"The Competing Claims of Common Law and Statute as Instruments of Legal Improvement" Review of The Province of Legislation Determined: Legal Theory in Eighteenth-Century Britain. by David Lieberman (1992) 7 Can. J.L. & Soc. 185.
"Meeting the Challenges of Canadian Legal History: The Albertan Contribution" (1994) 22 Alberta Law Review 423.
“Women for hire: prostitution and sexuality in France after 1850 by Alain Corbin” Reviewed by John McLaren (1994) 7 Can. J. Women & L. 213.
"The Legal Historian, Masochist or Missionary? A Canadian's Reflections" (1994) 5 Legal Education Review 67.
“Recalculating the Wages of Sin: The Social and Legal Construction of Prostitution 1850-1920” (1996) 23 Manitoba Law Journal 524.
“Wrestling Spirits: The Strange Case of Peter Verigin” (1995) 27 Canadian Ethnic Studies 95.
“The Despicable Crime of Nudity: Law, the State and Civil Protest among Sons of Freedom Doukhobors, 1899-1935” (1999) 38 Journal of the West 27.
“Community Without Propinquity’ – Teaching Legal History Intercontinentally” (1999) 10 Legal Education Review 1 (with S. Bronitt D. Harris I. Holloway and W. Pue).
“Webbing the Pacific – Teaching an Intercontinental Legal History Course” (2000) 18 Law and History 445 (with Ozcan).
“History’s Living Legacy: An Outline of ‘Modern Historiography of the Common Law’” (2001) 21 Legal Studies 251 (with Keith Smith).
“The Intentional Torts to the Person Revived? Protecting Autonomy, Dignity and Emotional Welfare in a Pluralistic Society” (2002) 17 Supreme Court Review 67.
“In the Northern Archives Something Stirred: The Discovery of Canadian Legal History” (2003) 7 Australian Journal of Legal History 73.
“The Judicial Office . . Bowing to No Power but the Supremacy of the Law: Judges and the Rule of Law in Colonial Australia and Canada, 1788-1840” (2003) 7 Australian Journal of Legal History 177. "Internet Teaching in Reparations Law: The Ozcan Model Reparations" (2003) 22 Windsor Y.B. Access
Just. 201.
"Men of Principle or Judicial Ratbags - the Trials and Tribulations of Maverick Colonial Judges in the 19th Century or a Funny Way to Run an Empire" (2009) 27 Windsor Rev. Legal & Soc. 145.
“For the Better Administration of Justice: the Court of Appeal for British Columbia 1910-2010” (2009) 162 BC Studies 5 (with Hamar Foster).
Books, Monographs
Report Concerning the First Canadian Law Teaching Clinic (Victoria B.C: Faculty of Law, University of Victoria, 1979) (with Neil Gold & Lawrie Fisher).
Pornography and Prostitution in Canada (Ottawa: Dept. of Justice, 1985) (with the Special Committee on Pornography and Prostitution).
Law for the Elephant, Law for the Beaver: Essays in the Legal History of the North American West (Regina: Centre for Plains Research and California: Ninth Judicial Circuit Historical Society, 1992) (ed. with H. Foster and C. Orloff).
Essays in the History of Canadian Law, Vol. VI: British Columbia and the Yukon (Toronto: Osgoode Society, 1995) (ed. with H. Foster).
Religious Conscience, the State and the Law: Historical Contexts and Contemporary Significance (Albany: State University of New York Press, 1998) (ed. with Harold Coward).
Land and Freedom: Law, Property Rights and the British Diaspora (Aldershot: Ashgate Press, 2001) (ed. with Andrew Buck and Nancy Wright).
Civil Remedies for Sexual Assault: A Report (Vancouver: British Columbia Law Institute, 2001) (with the British Columbia Law Institute Project Committee on Civil Remedies for Sexual Assault). Regulating Lives: Historical Essays on the State, Society, the Individual and the Law (Vancouver: UBC
Press, 2002) (ed. with Robert Menzies and Dorothy Chunn).
Despotic Dominion: Law and the History of Property Rights in British Settler Societies (Vancouver: UBC Press, 2005) (ed. with Andrew Buck and Nancy Wright).
Diversity and Equality : The Changing Framework of Freedom in Canada (Vancouver: UBC Press, 2006) (with Avigail Eisenberg, Maneesha Deckha, and Jeremy Webber).
The British Columbia Court of Appeal 1910-2010 (2009) 162 BC Studies. (Special Issue, ed. with Hamar Foster and Wesley Pue).
Book Chapters
“Nuisance in Canada” in Alan Linden, ed., Studies in Canadian Tort Law (Toronto: Butterworths, 1968) 320.
“The Law of Torts and Pollution” in Recent Developments in the Law of Torts: Special Lectures of The Law Society of Upper Canada, (Toronto: De Boo, 1973) 309.
“The Law Relating to Noise” in H. Jones ed., Noise in the Human Environment, vol. 1 (Edmonton: Environmental Council of Alberta, 1979) 15.
“The Modern Law of Nuisance” in Byron Henderson ed., Alberta Law for the 80's (Vancouver: Butterworths, 1980) 1.
“Nuisance and the Industrial Revolution: Some Lessons from Social History” in Sanda Rodgers and F. Steele eds., Issues in Canadian Tort Law (Toronto: Carswell, 1982) 313.
“The Fraser Committee: The Politics and Process of a Special Committee” in J. Lowman, M. Jackson and S. Gavigan eds., Regulating Sex: An Anthology on the Findings and Recommendations of the Badgley and Fraser Reports (Burnaby: S.F.U., 1986) 39.
“Prostitution in Canada” in J. Ismael and R. Thomlinson eds., Perspectives on Social Issues and Social Policy (Ottawa: Canadian Council on Social Development, 1987) 121.
“The Courts and Prostitution Law: A Story of Conflicting Impulses” in K. Mahoney and S. Martin eds., The Socialization of Judges to Equality Issues (Calgary: Carswell, 1987) 282.
“The History of Legal Education in Common Law Canada” in R. Matas and D. McCawley eds., Legal Education in Canada (Montreal: Federation of Law Societies, 1987) 111.
“The Canadian Magistracy and the Anti-White Slavery Campaign, 1900-1920” in J. Wright and W. Pue eds., Canadian Perspectives on Law and Society: Essays on Law in History (Carleton: Carleton U.P., 1989) 329.
“Enforcing Canada's Prostitution Laws, 1892-1920: Rhetoric and Practice” in M. Friedland ed., Securing Compliance: Seven Case Studies (Toronto: Univ. of Toronto Press, 1990) (with J. Lowman), 21. "A Plea for History" in A. Esau and J. Penner eds., Lawyering and Legal Education into the 21st Century
(Winnipeg: Legal Research Institute, 1990) 53.
“The Burdens of Empire and the Legalization of White Supremacy in Canada” in W. Gordon and T. Fergus eds., Legal History in the Making (London: Hambledon Press, 1991) 187.
"Now You See It, Now You Don't: The Historical Record and the Elusive Task of Defining the Obscene" in D. Schneiderman ed., Freedom of Expression and the Charter (Toronto: Carswell, 1991) 101. "The Early British Supreme Court and the `Chinese Question': Echoes of the Rule of Law" in W. Pue and D. Gibson eds., Glimpses of Canadian Legal History (Winnipeg: Legal Research Institute, 1991) 111.
"The Early B.C. Judges, The Rule of Law and the `Chinese Question': The California and Oregon Connections" in H. Foster J. McLaren and C. Orloff eds., Law for the Elephant, Law for the Beaver (Regina: Centre for Plains Research and California: Ninth Judicial Circuit Historical Society, 1992) 233.
"Law for the Elephant Law for the Beaver: Tracking the Beasts" in H. Foster J. McLaren and C. Orloff eds., Law for the Elephant, Law for the Beaver (Regina: Centre for Plains Research and California: Ninth Judicial Circuit Historical Society, 1992) (with Hamar Foster) 1.
"Maxwell Cohen and the Theory and Practice of Legal Education" in W. Kaplan and D. McRae eds., Law Policy and International Justice: Essays in Honour of Maxwell Cohen (Montreal/Kingston: McGill-Queens Press, 1993) 440.
"'New Canadians' or 'Slaves of Satan'? The Law and the Education of Doukhobor Children, 1911-1935" in J. Barman N. Sutherland and J.D. Wilson eds., Children, Teachers and Their Schools in the History of British Columbia (Calgary: Detselig, 1995) 147.
"Hard Choices and Sharp Edges: The Legal History of British Columbia and the Yukon" in H. Foster and J. McLaren eds., Essays in the History of Canadian Law, Vol. 6: British Columbia and the Yukon, (Toronto: Osgoode Society, 1995) (with H. Foster) 3.
"Creating 'Slaves of Satan' or 'New Canadians'?: The Law, Education and the Socialization of Doukhobor Children" in H. Foster and J. McLaren, eds., Essays in the History of Canadian Law Vol. 6, British Columbia and the Yukon (Toronto: Osgoode Society, 1995) 352.
“Emily Ferguson Murphy” in Rebecca Mae Salokar and Mary L. Volcansek, eds., Women in Law, A Bio-Bibliographical Sourcebook (Westport Ct.: Greenwood Press, 1996) 190.
“The Doukhobor Belief in Individual Faith and Conscience and the Demands of the Secular State” in H. Coward and J. McLaren eds., Religious Conscience, the State and the Law: Historical Contexts and Contemporary Significance (Albany: S.U.N.Y. Press, 1998) 117.
“Whores, Soiled Doves or Working women? Law Society and the Sex Trade in Australia, Canada and Thailand” in D. Johnston and G. Ferguson, Asia-Pacific Trends in Legal Developments: Sectoral and Cross-Sectoral Studies (Vancouver: UBC Press, 1998) 353.
“Race and the Criminal Justice System in British Columbia, 1892-1920: Constructing Chinese Crimes” in G.B. Baker and J. Phillips eds., Essays in the History of Canadian Law Vol. 18, In Honour of Dick Risk (Toronto: Osgoode Society, 1998) 398.
“Reflections on the Rule of Law: the Georgian Colonies of New South Wales and Upper Canada” in Diane Kirkby and Catherine Coleborne, Law, History and Colonialism: The Reach of Empire
(Manchester: Manchester U.P, 2001) 46.
“The Canadian Doukhobors and the Land Question: Religious Communalists in a Fee Simple World” in A.R. Buck, John McLaren and Nancy Wright, eds., Land and Freedom: Law, Property Rights and the British Diaspora (Aldershot,: Ashgate Press, 2001) 135.
“Recalculating the Wages of Sin: The Social and Legal Construction of Prostitution, 1850-1920” in De Lloyd Guth and Wesley Pue eds., Canada’s Legal Inheritances (Winnipag: Canadian Legal History Project, University of Manitoba, 2001) 524.
“Introduction” in John Mclaren, Robert Menzies and Dorothy Chunn eds, Regulating Lives: Historical Essays on the State, Society, the Individual and the Law (Vancouver: UBC Press, 2001) 1 (with co-editors).
“The State, Child Snatching and the Law: The Seizure and Indoctrination of Sons and Freedom Children in British Columbia” in John Mclaren, Robert Menzies and Dorothy Chunn eds, Regulating Lives: Historical Essays on the State, Society, the Individual and the Law (Vancouver: UBC Press, 2001) 259.
“The King, the People, the Law . . .and the Constitution: Justice Robert Thorpe and the Roots of Irish Whig Ideology in early Upper Canada” in Jonathan Swainger and Constance Backhouse eds, People and Place: Historical Influences on Legal Culture (Vancouver: UBC Press, 2003) 11.
“Property Rights in the Colonial Imagination and Experience” in McLaren, Buck and Wright, Despotic Dominion: Law and the History of Property Rights in British Settler Societies (Vancouver: UBC Press, 2005) 1 (with co-editors).
“The Failed Experiments: The Demise of Doukhobor Systems of Communal Property Landholding in Saskatchewan and British Columbia, 1899-1999” in McLaren, Buck and Wright eds, Despotic Dominion: Law and the History of Property Rights in British Settler Societies (Vancouver: UBC Press, 2005) 222.
“The Memory of Property: The Challenge of Using the Past to Enlighten the Lawyers of the Future” in Peter Farrugia, ed., The River of History: Trans-National and Trans-Disciplinary Perspectives on the Immanence of the Past (Calgary: University of Calgary Press, 2005) 79.
“The Law and Public Nudity: Prairie and West Coast Reactions to the Sons of Freedom, 1929-1932” in Louis A. Knafla and Jonathan Swainger eds., Law and Societies in the Canadian Prairie West, 1670-1940 (Vancouver: UBC Press, 2005) 309.
“The Head Tax Case and the Rule of Law: The Historical Thread of Judicial Resistance to ‘Legalized’ Discrimination” in David Dyznehaus and Mayo Moran eds., Calling Power to Account: Law, Reparations, and the Chinese Canadian Head Tax Case (Toronto: University of Toronto Press, 2005) 92.
“Protecting Confessions of Faith and Securing Equality of Treatment for Religious Minorities in Education” in Avigail Eisenberg, Maneesha Deckha, John McLaren and Jeremy Webber, eds., Diversity and Equality: The Changing Framework of Freedom in Canada (Vancouver: UBC Press, 2006) 153.
“The Rule of Law and Irish Whig Constitutionalism in Upper Canada: William Warren Baldwin, the ‘Irish Opposition’, and the Volunteer Connection” in Jim Phillips and John Saywell eds., Essays in the History of Canadian Law, Vol. X, In Memory of Peter Oliver (Toronto: Osgoode Society for Canadian Legal History and University of Toronto Press, 2008).
“Afterword: Looking from the Past to the Future” in Hamar Foster, Benjamin L. Berger, and A.R. Buck eds., The Grand Experiment: Law an Legal Culture in British Settler Societies (Vancouver: UBC Press, 2009).
In Progress
‘Slaves of Satan’ or Virtuous Canadians?: The Sons of Freedom Doukhobors, Education and the Law ‘Dewigged, Bothered and Bewildered’: Judicial Tenure and Disciplining in the 19th Century British Empire
