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A culture of rights : law, literature, and Canada
\"With the passage into law of the Canadian Charter of Rights and Freedoms in 1982, rights took on new legal, political, and social significance in Canada. In the decades following, Canadian jurisprudence has emphasised the importance of rights, determining their shape and asserting their centrality to legal ideas about what Canada represents. At the same time, an increasing number of Canadian novels have also engaged with the language of human rights and civil liberties, reflecting, like their counterparts in law, the possibilities of rights and the failure of their protection. In A Culture of Rights, Benjamin Authers reads novels by authors including Joy Kogawa, Margaret Atwood, Timothy Findley, and Jeanette Armstrong alongside legal texts and key constitutional rights cases, arguing for the need for a more complex, interdisciplinary understanding of the sources of rights in Canada and elsewhere. He suggests that, at present, even when rights are violated, popular insistence on Canada's rights-driven society remains. Despite the limited scope of our rights, and the deferral of more substantive rights protections to some projected, ideal Canada, we remain keen to promote ourselves as members of an entirely just society.\"-- Provided by publisher.
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THE COLOR OF JUSTICE
Review: 'Free justice: A history of the public defender in twentieth century America'. By Sara Mayeux. University of North Carolina Press. 2020. Pp. xi, 271. $26.95
Writing about history requires making certain decisions: when to start the account, what to include and exclude, which documents and artifacts to rely upon, and what questions to address. One factor that can significantly shape those decisions is the social and political moment occurring at the time the author writes. It is with this in mind that I read Sara Mayeux's thoroughly researched and engaging account of the history of public defenders, 'Free Justice: A History of the Public Defender in Twentieth-Century America'. As the subtitle indicates, it is not the history, but rather a history of defense counsel for low-income defendants. Despite explicit language in the Sixth Amendment, adopted in 1791, guaranteeing \"the accused... to have the Assistance of Counsel for his defence,\" the substantive right to counsel is largely a twentieth- century invention. Mayeux, a scholar of twentieth-century United States legal history, is well-suited to examine this development.
Book Review