In 1791 when the Constitutional Act created a legislative assembly for Upper Canada, the colonists and their British rulers decreed that the operating criminal justice system in the area be adopted from England, to avoid any undue influence from the nearby United States. In this study of early Canadian law, David Murray has delved into the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the 19th century. Murray explores how far local characteristics affected the operation of a criminal justice system transplanted from England: his analysis includes how legal processes affected Upper Canadian morality, the treatment of the insane, welfare cases, crimes committed in the district, and an examination of the roles of the Niagara magistrates, constables and juries. Murray concludes by arguing that while the principles and culture of British justice were firmly implanted in the Niagara district, this did not prevent justice from being unequal, especially for women and visible minorities. Integrating the stories of the individuals caught up in the legal system, Murray explores law from a local perspective, and illuminates how the Niagara region's criminal justice system operated under hybrid influences from both Britain and the United States.
Product Identifiers
Publisher
University of Toronto Press
ISBN-13
9780802037497
eBay Product ID (ePID)
96755574
Product Key Features
Subject Area
Criminal Law
Author
David Murray
Publication Name
Colonial Justice: Justice, Morality, and Crime in the Niagara District, 1791-1849
Format
Hardcover
Language
English
Subject
History
Publication Year
2002
Type
Textbook
Number of Pages
297 Pages
Dimensions
Item Height
235mm
Item Width
158mm
Item Weight
602g
Additional Product Features
Title_Author
David Murray
Series Title
Osgoode Society for Canadian Legal History
Country/Region of Manufacture
Canada
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