Most Popular Books by James Barry

Response to : The segregation problem : General Hertzog''s solution. Cape Town : Federal Council of the Nationalist Party of South Africa [1925?].

"This thesis is concerned with aspects of the relationship between the law and politics in Upper Canada from 1804 to 1838. The research focusses on criminal prosecutions against leading figures of dissent for sedition and treason. Other manifestations of the relationship between law and politics in the province are examined by way of context. The thesis advances the argument that the province''s governing elite imperfectly dominated the legal system, resorting to it to resolve perceived social and political crises. Legal measures were regarded by authorities as more effective, and certainly more feasible, than direct physical coercion. On a continuing basis, the law facilitated the governing elite''s immediate concerns by marginalizing leading opposition leaders. It also served a more fundamental function when social conflict became extreme. The law was resorted to assist in the shaping of popular thought in the attempt to legitimate the elite''s authority and generate consent to it. However, the rule elite''s control over these processes was by no means complete and the law was a site of considerable struggle. Articulate concerns were raised about politicized legality, unequal treatment under the law, and more specifically, about the legal profession, prosecutorial authority, the jury, the judiciary and legislative processes." - p. iv.