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Explorations in the use of criminal ...

Binnie, Susan W. S.

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Explorations in the use of criminal law in Canada, 1867-1892.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Explorations in the use of criminal law in Canada, 1867-1892./
Author:	Binnie, Susan W. S.
Description:	642 p.
Notes:	Source: Dissertation Abstracts International, Volume: 54-02, Section: A, page: 6890.
Contained By:	Dissertation Abstracts International54-02A.
Subject:	Criminology. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NN75946
ISBN:	9780315759466

Explorations in the use of criminal law in Canada, 1867-1892.
Binnie, Susan W. S.

Explorations in the use of criminal law in Canada, 1867-1892. - 642 p.

Source: Dissertation Abstracts International, Volume: 54-02, Section: A, page: 6890.

Thesis (Ph.D.)--Carleton University (Canada), 1991.

The study explores developments in substantive criminal legislation in post-Confederation Canada within a sociological framework of analysis; its concern is with interrelations between law and society in a newly-formed, nineteenth-century capitalist state and with the role of the state in developing and using criminal law.

ISBN: 9780315759466Subjects--Topical Terms:

533274
Criminology.

Explorations in the use of criminal law in Canada, 1867-1892.
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100 1 $a Binnie, Susan W. S. $3 3189563
245 1 0 $a Explorations in the use of criminal law in Canada, 1867-1892.
300 $a 642 p.
500 $a Source: Dissertation Abstracts International, Volume: 54-02, Section: A, page: 6890.
502 $a Thesis (Ph.D.)--Carleton University (Canada), 1991.
520 $a The study explores developments in substantive criminal legislation in post-Confederation Canada within a sociological framework of analysis; its concern is with interrelations between law and society in a newly-formed, nineteenth-century capitalist state and with the role of the state in developing and using criminal law.
520 $a Three series of "new" criminal law statutes are selected for detailed analysis, each defining minor federal offences potentially affecting the lives of the working class--relating to work, community life and consumption; the initial statutes in each series are the Peace Preservation Act of 1869, the Blake Act of 1878 and the adulteration legislation within the Inland Revenue Act of 1875.
520 $a The theoretical approach to legislative change is structured through a theoretical grid, or set of themes furnishing a sociological orientation to legislative developments, which is used to interrogate the historical evidence and to allow comparisons between different statutory developments. The five central themes of this grid are: (1) The reasons for state intervention in relation to particular social actions and societal contexts. (2) The legislators' legal orientations to the relations between criminal law and "problematic" social actions. (3) The character of the discursive communications associated with specific instances of lawmaking. (4) The specific and general effects of uses of criminal law for the social formation. (5) The bureaucratic and political processes within state apparatuses relating to such lawmaking. Through these themes, the dissertation examines the modes of legislative creation and application as well as enforcement and their significance for the social formation.
520 $a The arguments are that lawmaking and its effects transcend a simple law-society nexus and that law must be examined in terms of questions of its detailed integration with, and significance for, societal processes. While emphasising the societal transformations associated with early capitalism, the research considers not only the practical role of the state and associated processes at the economic and political levels of the formation but also state involvement in ideological processes through ordered patterns of discursive communications. In examining the ways in which legislation in different contexts was shaped by and, in turn, shaped particular social relations, the study argues that the effectivity of nineteenth-century minor Canadian criminal legislation lay in its discursive and symbolic significances as well as in its practical effects.
590 $a School code: 0040.
650 4 $a Criminology. $3 533274
650 4 $a Canadian history. $3 3174996
690 $a 0627
690 $a 0334
710 2 $a Carleton University (Canada). $3 1018407
773 0 $t Dissertation Abstracts International $g 54-02A.
790 $a 0040
791 $a Ph.D.
792 $a 1991
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NN75946