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IMPERIAL HISTORY, CRIMINAL HISTORIES-MEMOIRS

Posts in Justice
Canada's Legal Pasts: Looking Forward, Looking Back

Edited by Lyndsay Campbell, Ted McCoy, and Mélanie Méthot

An introduction to Canadian legal history featuring new approaches to legal scholarship. Essential reading for all those interested in Canadian legal methodologies, especially new and beginning scholars. Canada’s Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada’s legal pasts—and why we study them. Telling new stories—about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more—this book presents the vibrant evolution of Canada’s legal tradition. Explorations of primary sources, including provincial archival records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada’s most marginalized people, show the many different ways of researching and understanding legal history. This is Canadian legal history as you’ve never seen it before. Canada’s Legal Pasts dives into new topics in Canada’s fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in a collection essential for researchers at all levels.

Calgary, Alberta: University of Calgary Press, 2020. 372p.

The Bentham Brothers and Russia: The Imperial Russian Constitution and the St Petersburg Panopticon

By Roger Bartlett

The jurist and philosopher, Jeremy Bentham, and his lesser-known brother, Samuel, equally talented but as a naval architect, engineer and inventor, had a long love affair with Russia. Jeremy hoped to assist Empress Catherine II with her legislative projects. Samuel went to St Petersburg to seek his fortune in 1780 and came back with the rank of Brigadier-General and the idea, famously publicised by Jeremy, of the Inspection-House or Panopticon. The Bentham Brothers and Russia chronicles the brothers’ later involvement with the Russian Empire, when Jeremy focused his legislative hopes on Catherine’s grandson Emperor Alexander I (ruled 1801-25) and Samuel found a unique opportunity in 1806 to build a Panopticon in St Petersburg – the only panoptical building ever built by the Benthams themselves. Setting the Benthams’ projects within an in-depth portrayal of the Russian context, Roger Bartlett illuminates an important facet of their later careers and offers insight into their world view and way of thought. He also contributes towards the history of legal codification in Russia, which reached a significant peak in 1830, and towards the demythologising of the Panopticon, made notorious by Michel Foucault: the St Petersburg building, still relatively unknown, is described here in detail on the basis of archival sources. The Benthams’ interactions with Russia under Alexander I constituted a remarkable episode in Anglo-Russian relations; this book fills a significant gap in their history.

London: UCL Press, 2022. 322p.

Engines of Truth: Producing Veracity in the Victorian Courtroom

By Wendie Ellen Schneider

During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider's examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the greatest legal engine ever invented for the discovery of truth.

New Haven, CT: Yale University Press, 2016. .278p.

Spies Without Cloaks: The KGB's Successors

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By Amy Knight

FROM THE INTRODUCTION: “This book tells the story of what happened to the world's most 1991 as the KGB, when the totalitarian Soviet empire that supported it collapsed. How does such an organization survive in a world where the rules of the game have changed dramatically? Why, for that matter, does it survive at all, given that the cold war has ended and Russia has embarked on a path of political and economic transformation? Does the KGB's successor organization still represent a threat to Western interests and an enemy to the development of democracy within the former Soviet Union? This account is part of the larger story of the post-Soviet political system in transition, and, although the book deals with one element of that system, its ultimate aim is to provide a deeper understanding of domestic and foreign politics in the former Soviet Union….”

Princeton, New Jersey. Princeton University Press. 1996. 328p.

Policing Athens: Social Control In The Attic Lawsuits, 420-320 B. C.

By Virginia J. Hunter

FROM THE INTRODUCTION: “The title of his work, Policing Athens, is deliberately ambiguous, meant to convey the ambiguity inherent in the notion of policing itself, since policing has a number of connotations. In the first place, it may refer to social regulation, or the role played by government in "regulating the welfare, security, and order of a city"-a government may, for example, have institutionalized procedures for ensuring the supply of food or for controlling nuisances (Hay and Snyder, 1989:5, 21; cf. Critchley, 1972:24). Policing of this kind was certainly not absent from the city-state. In fact, Athens had a whole host of officials, for the most part annually selected boards of magistrates, each devoted to an aspect of social regulation.”

Princeton, New Jersey. Princeton University Press. 1994. 305p.

Murders and Madness: Medicine, Law, and Society in the Fin de Siècle

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By Ruth Harris

FROM THE INTRODUCTION : “In 1902, a hairdresser's assistant, Adrien Virgile Legrand, was sentenced in the Parisian Cour d'assises to hard labour for life for slitting his six-year-old son's throat. On the surface the case appeared simple enough, as Legrand freely admitted the deed and received the harsh punishment prescribed. However, during the trial, he asserted that he had acted under the influence of a 'delirious crisis', a defence which seriously complicated the proceedings. As in many other murder trials in this period, the issue became not whether he was the author of the crime but rather if he could be punished for it. To determine his responsibility, the court sought to evaluate Legrand's defence by probing into his motivations, character, and past history…”

Oxford. Clarendon. 1989. 385p.

The Great War For Civilisation: The Conquest of the Middle East

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By Robert Fisk

FROM THE JACKET: “During the thirty years that award-winning journalist Robert Fisk has been reporting on the Middle East, he has covered every major event in the region, from the Algerian Civil War to the Iranian Revolution. from the American hostage crisis in Beirut (as one of only two Western journalists in the city at the time) to the Iran-Iraq War. from the Russian invasion of Afghanistan to Israel's invasions of Lebanon, from the Gulf War to the invasion and ongoing war in Iraq. Now he brings his knowledge. his firsthand experience and his intimate understanding of the Middle East to a book that addresses the full complexity of its political history and its current state of affairs.

Passionate in his concerns about the region and relentless in his pursuit of the truth, Fisk has been able to enter the world of the Middle East and the lives of its people as few other journalists have. The result is a work of stunning reportage. His unblinking eyewitness testimony to the horrors of war places him squarely in the tradition of the great frontline reporters of the Second World War. His searing descriptions of lives mangled in the chaos of battle and of the battles themselves are at once dreadful and heartrending.

This is also a book of lucid, incisive analysis. Reaching back into the long history of invasion, occupation and colonization in the region, Fisk sets forth this information in a way that makes clear how a history of injustice "has condemned the Middle East to war." He lays open the role of the West in the seemingly endless strife and warfare in the region, traces the growth of the West's involvement and infiuence there over the past one hundred years….

NY. Alfred Knopf. 2006. 1150p.

The Prince And The Discourses

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By Niccolò Machiavelli. Introduction By Max Lerner

FROM THE INTRODUCTION: “WE LIvE today in the shadow of a Florentine, the man who above all others taught the world to think in terms of cold political power. His name was Niccold Machiavelli, and he was one of those rare intellectuals who write about politics because they have had a hand in politics and learned what it is about. His portraits show a thin-faced, pale little man, with a sharp nose, sunken cheeks, subtle lips, a discreet and enigmatic smile, and piercing black eyes that look as if they knew much more than they were willing to tell…”

NY. Random House. 1950. 587p.

The Punishment of Crime in Colonial New York: The Dutch Experience in Albany During the Seventeenth Century

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By Dennis Sullivan

FROM THE COVER: “Based in a highly profitable fur trade, the seventeenth century Dutch criminal justice system of the upper Hudson River Valley regulated the community with an eye toward not only maintaining peaceful social relations, but also preserving the economic system that allowed the community to survive. This work examines the punishment practices of the Beverwijck/Albany court during the seventeenth century, delineating changes that occurred in those practices amid fluctuations in the fur trade and after the English conquest of New Netherland in 1664. This study shows that punishment practices were integrally linked to the economic status of the community and, after English conquest, to the introduction ofEnglish law.

"Dennis Sullivan's study of the punishment of crime in the upper Hudson Valley will be a major contribution to the growing bibliography of works relating to New Netherland. Researchers who work with primary source material will appreciate his rigorous use of the Dutch records at the New York State Archives. Sullivan has added another piece to the mosaic which will one day reveal New York's unique and rich colonial beginnings." — Charles Gehring, Director of the New Netherland Project

NY. Peter Lang, 1997. 367p.

The Reformation

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By George L. Mosse

FROM THE PREFACE: “A prominent historian once wrote that "what man is, only history tells." This is certainly true if we want to understand the evolution of man in the society which he has made for himself. The age of the Reformation represents a crucial step in that historical development. Through their own thought the Reformers mirrored the doubts, hopes, and aspirations of the people of Europe. Yet it has been difficult to find modern interpretations of the age which are neither too specialized nor too elementary. Such interpretations undoubtedly do exist, but in the form of larger and more detailed analyses or as chapters in general works. This book is meant to provide an initial grasp of this epoch, and the bibliography at the end of the work will enable those so inclined to go further into the prob. lems and interpretations of the age.

NY. Henry Holt And Company. 1953. 110p.

Summer For The Gods: The Scopes Trial and America's Continuing Debate over Science and Religion

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By Edward J. Larson

FROM THE PREFACE: “ThE SCOPES TRAIL has dog ged me for more than a decade, ever since I wrote my first book on the Ameri- can controversy over creation and evolution. The trial only constituted one brief episode in the earlier book, yet people who knew of my work

asked me more about that one event than everything else in the book combined--and they would tell me about the Scopes trial and what it meant to them. Over the years, their questions and comments led me to reflect on the so-called trial of the century. Finally, one of my colleagues, Peter Hoffer, suggested that I write a separate book solely about the trial and its place in American history. The idea made immediate sense. As a historical event and topic of legend, the trial had taken on a life and meaning of its own independent of the overall creation-evolution controversy. Indeed, this book is different from my earlier one in that they chronicle remarkably separate stories. Both are tales worth telling as sto- ries of our time. Furthermore, no historian had examined the Scopes trial as a separate study in decades. I had access to a wealth of new archival material about the trial not available to earlier historians, and the benefit of additional hindsight…”

Cambridge. Harvard University Press. 1997. 317p.

Witchcraft at Salem

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By Chadwick Hansen

FROM THE PREFACE: “…To begin with, witchcraft actually did exist and was widely practiced in seventeenth-century New England, as it was in Europe at that time (and still is, for that matter, among the unlearned majority of mankind). It worked then as it works now in witchcraft societies like those of the West Indies, through psychogenic rather than occult means, commonly pro- ducing hysterical symptoms as a result of the victim's fear, and sometimes, when fear was succeeded by a profound sense of hopelessness, even producing death. The behavior of the afflicted persons was not fraudulent but pathological. They were hysterics, and in the clinical rather than the popular sense of that term. These people were not merely overexcited; they were mentally ill. Furthermore, they were ill long before any clergyman got to them. The general populace did reach that state of public excitement inaccurately called "mass hysteria," but this was due to the popular fear of witchcraft rather than to the preachings of the clergy…”

NY. Signet. 1969. 323p.

A People's History of the United States 1492-Present

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By Howard Zinn

from chapter 1: “ Arawak men and women, naked, tawny, and full of wonder, emerged from their villages onto the island's beaches and swam out to get a closer look at the strange big boat. When Columbus and his sailors came ashore, carrying swords, speaking oddly, the Arawaks ran to greet them, brought them food, water, gifts. He later wrote of this in his log:

They . . . brought us parrots and balls of cotton and spears and many other things, which they exchanged for the glass beads and hawks' bels. They willingly traded everything they owned. . . . They were well-built, with good bodies and handsome features.... They do not bear arms, and do not know them, for I showed them a sword, they took it by the edge and cut themselves out ofignorance. They have no iron. Their spears are made of cane. ... They would make fine servants. . . . With fifty men we could subjugate them all and make them do whatever we want…”

NY. Harper Collins. 1999. 732p.

Bloody Mohawk: The French And Indian War & American Revolution On New York's Frontier

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By Richard Berleth

FROM THE PREFACE: “This book is a narrative history of the Mohawk Valley and region over eight Indian Wars and battles ofthe American Revolution were critical to the foundation of New York State and the creation of a new nation. People of the Mohawk River--Native Americans, colonial settlers, officials of the Crown Colony of New York, great landowners, and patriot leaders struggled mightily during this period to impose their visions for the future on a wilderness that would some day become the cradle of the new nation's industry and ingenuity. Between the signing of the Treaty of Utrecht (1713) and the signing of the Treaty of Canandaigua (1794), the boundaries of the Mohawk region took shape. French intrusions were turned back with great loss of blood and treasure, but British triumph proved temporary. In the War of Independence, patriots wrenched the valley from British interests and the Iroquois nations at fearsomecost. At the end, victors inhab- ited a valley of ashes, while the defeated lost friends, homes, and tribal lands forever…”

NY. Black Dome. 2009. 383p.

Morality Imposed: The Rehnquist Court and Liberty in America

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By Stephen E. Gottlieb

FROM THE PREFACE; “Why This Book. Notwithstanding common descriptions of the justices, there is no center on this Court, and there are no moderates. When the Court's "conservatives" find common ground with the Court's "liberals," they have arrived at their conclusions from essentially unrelated premises. Analysis of the Court as if there were a continuum from Rehnquist to Breyer is a serious misunderstanding. This book is intended to clarify the thinking of the nine current members of the Court and the significance of their ways of thinking for the rest of us. We like to think of judges and justices as deciding cases on the facts and the law. Thus some may find upsetting the suggestion although it is surely not new-that justices decide cases in line with their own private, preexisting philosophies of law….”

NY. New York University Press. 2000. 360p

The Cowboy Legend; Owen Wister's Virginian and the Canadian-American Ranching Frontier

Edited by John Jennings: 

The cowboy, as perhaps no other figure, has captured the imagination of North Americans for over a century. Before Owen Wister's publication of The Virginian in 1902, the image of the cowboy was essentially that of the dime novel - a rough, violent, one-dimensional drifter, or the stage cowboy variety found in Buffalo Bill Cody's Wild West show. Wister's novel was to transform, almost overnight, this image of the cowboy. Soon after its publication, Wister sent a copy, inscribed "To the hero from the author," to Everett Johnson, a cowboy from Virginia who had been a friend of Wister's in Wyoming in the 1880s. Johnson had migrated to Alberta by the 1890s, eventually settling in the Calgary area. Before his death in 1946, his daughter-in-law, Jean Johnson, transcribed Everett's stories of the old west and collected them into a manuscript, now on deposit in the Glenbow Archives. In The Cowboy Legend, John Jennings, building on Jean Johnson's work, details the evidence that Everett Johnson was the initial and prime inspiration for Wister's cowboy, and in the process shows that Johnson led a fascinating life in his own right. His memories of both the Wyoming and Alberta cattle frontiers provide insight into ranch life on both sides of the border, and the compelling parallel biographies of Johnson and Wister feature vignettes of legendary period figures such as Buffalo Bill Cody, Wild Bill Hickok, Wyatt Earp, and Butch Cassidy, not to mention the best man at Johnson's wedding, Henry Longabaugh, a.k.a. the Sundance Kid. With an impressive range of scholarship and archival research, Jennings melds this realistic study of the cowboy frontier with an intriguing account of Wister's subsequent creation of the cowboy mystique, aided by two close friends and perhaps somewhat unexpected collaborators, Frederic Remington and Theodore Roosevelt. As compulsively readable as it is informative, this unique contribution to western history and literature will be welcomed by fans and scholars alike.

Calgary: University of Calgary Press, 2015. 448p.

The Brethren: Inside The Supreme Court

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By Bob Woodward And Scott Armstrong

FROM THE COVER: “"A provocative book about a hallowed institution, the U.S. Supreme Court. . .. It is the most comprehensive inside story ever written of the most important court in the world. For this reason alone it is required reading." Business Week

"It is to the credit of Woodward and Armstrong that they were willing and able to shatter this conspiracy of silence. It is certainly in the highest tradition of investigative journalism to expose the realities of institutions that affect our lives as greatly as the Supreme Court does." SaturdayReview

NY. Avon Books. 1979. 562p.

Violence brokers and super-spreaders: how organised crime transformed the structure of Chicago violence during Prohibition

By  Chris M. Smith  & Andrew V. Papachristos

The rise of organised crime changed Chicago violence structurally by creating networks of rivalries and conflicts wherein violence ricocheted. This study examines the organised crime violence network during Prohibition by analysing ‘violence brokers’ – individuals who committed multiple violence acts that linked separate violent events into a connected violence network. We analyse the two-mode violence network from the Capone Database, a relational database on early 1900s Chicago organised crime. Across 276 violent incidents attributed to organised crime were 334 suspected perpetrators of violence. We find that 20% of suspects were violence brokers, and nine brokers were violence super-spreaders linking the majority of suspects. We also find that violence brokers were in the thick of violence not just as suspects, but also as victims – violence brokers in this network experienced more victimisation than non-brokers. Unknowingly or knowingly, these violence brokers wove together a network, attack-by-attack, that transformed violence in Chicago.

GLOBAL CRIME                                               2022, VOL. 23, NO. 1, 23–43 

Decolonizing the Criminal Question Colonial Legacies, Contemporary Problems

Edited by Ana Aliverti, Henrique Carvalho, Anastasia Chamberlen and Máximo Sozzo  

This collection engages with debates within ‘criminology’ about matters of colonial power, which have come to be conceptualized through the language of ‘decolonization’. It explores the uneasy relationship between the ‘criminal question’ and colonialism, and foregrounds the relevance of the legacies of this relationship to criminological enquiries. It invites and seeks to pursue a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalization on the other, by exposing the imprints of these links on processes of marginalization, racialization, and exclusion that are central to contemporary criminal justice practices within and beyond nation-states. It advances this objective by examining the reverberations of colonial history and logics in the operation of crime control. The volume also aims to explore the critical potential of criminological scholarship, as a field that sits at the margins of several disciplines and perspectives, through a direct engagement with Southern epistemologies and perspectives. To do so, it brings together established and emerging scholars from the humanities and social sciences, who work at the intersections of criminal justice and postcolonial studies.

London: Oxford University Press, 2023. 419p.

Puritanism And Liberty: Being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents

Selected And Edited With An Introduction By A. S. P. Woodhouse

From the Preface by A. D. Lindsay: “I commend the book, so completed, to all who wish to be able to give a reason for their democratic faith, and wish it could be read so as to stop the mouths and pens of those who produce facile refutations of the fundamental idea s of democracy. These ideas, liberty, equality and fraternity, if divorced from the religious context in which they belong, become cheap and shallow and easy of refutation. Those who will take the trouble to get behind the theological language of these documents will see how profound those democratic ideas are, how real and concrete and recurring is the situation which gives rise to them; and will see the tension there must always be between them so long as they are alive.”

London: J. M. Dent & Sons Ltd. 1951. 617p. USED BOOK. MAY CONTAIN MARK-UP