NCJ Number
93953
Date Published
1981
Length
338 pages
Annotation
This collection of historical essays on the criminal jurisprudence, criminality, the criminal law process, and theories of criminal justice in Canada, England, France, and the Netherlands was drawn from papers presented at a 1979 University of Calgary seminar.
Abstract
An introduction explores the extent to which crime and justice are vital to understanding continental, English, and Canadian societies and how problems in these regions are interrelated. Subsequent papers discuss the refinement of English criminal jurisprudence from 1500 to 1848, jurisprudence in 16th and 17th century France, and criminal law in Quebec for 1764-74. Essays on crime and criminality cover English thinking about crime from 1530 to 1620, criminal records in 18th century England, and measuring crime in 19th century Canada. The next group of papers concerns the criminal law process in Canada, examining women and crime in the early 18th century, the historical roots of the insanity defense, prairie crime patterns for the 1875-1939 period, and adapting the justice system to the cultural needs of the Northwest Territories. The volume's final section on punishment begins with an analysis of punishment in the 18th century Dutch republic. Other authors describe convict life in Canadian Federal penitentiaries in the last half of the 19th century, analyze changes in punishment as a reflection of long-term changes in social and political processes, and present a hermeneutic philosophical perspective on historical research into law. References accompany individual papers.