Qualities of Mercy: Justice, Punishment, and DiscretionCarolyn Strange UBC Press, 1996 - 186 Qualities of Mercy deals with the history of mercy, the remittance of punishments in the criminal law. The writers probe the discretionary use of power and inquire how it has been exercised to spare convicted criminals from the full might of the law. Drawing on the history of England, Canada, and Australia in periods when both capital and corporal punishment were still practised, they show that contrary to common assumptions the past was not a time of unmitigated terror and they ask what inspired restraint in punishment. They conclude that the ability to decide who lived and died -- through the exercise or denial of mercy -- reinforced the power structure. |
Spis treści
The Decline | 21 |
Transportation Penal Practices and the English State | 52 |
The Politics of Pardons and the Upper | 77 |
Native Culture and the Modification of Capital Punish | 104 |
Political Culture and the Death Penalty in | 130 |
An Afterword | 166 |
Contributors | 179 |
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Aboriginal administrative Anglo-Celtic appear argued Arthur to Glenelg Australia authority Barry Wright Beattie Begbie British Columbia British justice cabinet Cambridge University Press Canadian cabinet Capital Case File capital offences capital punishment Carolyn Strange civilized colonial commutation condemned context convicted corporal punishment Court crime criminal justice criminal law cultural defences death penalty debates decisions discretion discretionary justice Douglas Hay E.P. Thompson effect eighteenth century essay exercise gallows George Gitksan Ha-at hanged historians History Ibid imprisonment Indians John Journal judges jury Labor legislation London Lord Matthew Baillie Begbie ment mercy modifications of punishment murder National Native offenders Ontario Oxford penal practice penitentiary persons petition pillory political culture prerogative prison provincial Qutlnoh rape rebellion reform role rule of law secondary punishment sentence social South Wales terror Tina Loo tion Toronto Press transportation treason trial Tyburn University of Toronto Upper Canada whipping women