‘To shudder at the bare recital of those acts’: Child Abuse, Family, and Montreal Courts in the Early Nineteenth Century

‘To shudder at the bare recital of those acts‘: Child Abuse, Family, and Montreal Courts in the Early Nineteenth Century, in G. Blaine Baker and Donald Fyson, eds., Essays in the History of Canadian Law, vol. XI, Quebec and the Canadas … Continue reading

Organ Donor Trusts and Durable Powers of Attorney for Organ Donation: New Twists on the Living Trust and Living Will

My first legal publication, written as a student note for the Probate Law Journal in 1995, this article discussed two theoretical vehicles for promoting organ donation: the creation of a inter vivos organ trust, modeled after a pour-over trust or … Continue reading

‘So Foul A Deed’: Infanticide in Montreal, 1825-1850

From the introduction to the issue: “Our final article, by Ian Pilarczyk, examines the phenomemon of infanticide and the legal responses to [it] in Montreal from 1825 to 1850, a period marked by significant economic, social, political, and legal flux. … Continue reading

Between A Rock And A Hot Place

Before their gradual disappearance in the middle ages, ordeals were used as a form of adjudication of guilt and innocence in criminal proceedings. Based on the supposition that divine knowledge and intervention would steer the results in such a way as to punish the guilty and protect the innocence, ordeals fell into disrepute after the Catholic Church banned clerical participation in 1215 A.D. This article discusses various forms of ordeals, such as the ordeal of hot iron, and analyzes whether, and to what extent, these ordeals could have served as “rational” forms of adjudication during the period.

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‘The Terrible Haystack Murder’

The 1833 murder trial of Rev. Ephraim Avery was one of the great 19th century American criminal trials. Resulting in a nearly-unprecedented amount of media interest, it became one of the first trials of its kind to achieve national, and even international, coverage. Did the good Reverend seduce, impregnate and then murder the attractive, unmarried young woman who worked in a local factory, staging her death to look as a suicide? A jury acquitted him, but there is enough evidence to suggest that Rev. Avery was culpable. The narrative of the trial allows us a window into many defining issues common to the period, such as gender, religion, sexuality, and social mores.

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‘Too Well Used by His Master’

Traces the increasingly-contractual nature of master-servant relations during this formative period in Montreal labor history, by analyzing the sometimes-competing but always-overlapping sources such as notarial contracts and indentures, oral agreements, provincial statutes, municipal ordinances, common law principles and judicial discretion that governed these relationships. By analyzing these sources and the cases brought before courts during this period, a clearer picture of the extent to which servants were able to protect their rights during this period, vis-à-vis their employers, emerges.

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The Law of Servants and the Servants of Law

This articles uses extensive primary source materials from the judicial archives and newspaper accounts to analyze the legal and quasi-legal aspects of Montreal labor law during the early nineteenth century. While the letter of the law favored masters, courts were relatively even-handed in adjudicating master-servant disputes. Similarities and difference in adjudicative approaches by courts within and without the city limits are also analyzed.

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