Capital Punishment in Canada

Capital Punishment in Canada

David B. Chandler
Copyright Date: 1976
https://www.jstor.org/stable/j.ctt7zt2qx
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  • Book Info
    Capital Punishment in Canada
    Book Description:

    Chandler has thoroughly researched the Canadian context of the recurring and often emotional discussion of capital punishment.

    eISBN: 978-0-7735-9158-5
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-vi)
  2. Table of Contents
    (pp. vii-x)
  3. List of Tables
    (pp. xi-xvi)
  4. List of Figures
    (pp. xvii-xvii)
  5. Acknowledgements
    (pp. xviii-xviii)
    David B. Chandler
  6. Preface
    (pp. xix-xxiv)
  7. Introduction
    (pp. 1-12)

    This is a book about the penalty of death for the crime of murder. The situation under investigation is a decade of Canadian parliamentary and national debate about capital punishment. In this period several attempts to abolish the death penalty in Parliament failed, but a partial abolition succeeded.

    Many societies have abolished or substantially reduced their reliance on severe criminal punishment and the death penalty, in particular, in the past fifty years. The arguments within societies undergoing these changes are remarkably similar, and are reflected in the Canadian debate. The social preconditions and processes of these changes also seem to...

  8. Chapter 1: Capital Punishment
    (pp. 13-36)

    Capital punishment is a topic which has excited a great deal of debate and analysis both in Canada and elsewhere. In this section we briefly review the situation in Canada in comparison to several other societies. This material is well described and documented elsewhere. Therefore, this selective review emphasizes features which are important in this research.

    Unlike the United States, Canada’s criminal code relating to murder is federal. Thus, there is a single definition o f murder and specification of punishment for all of Canada. Section 91(27) of the British North American Act provides that criminal law and the...

  9. Chapter 2: Public Opinion and the Death Penalty in Canada
    (pp. 37-73)

    Any social science model is designed to simplify and highlight important features of the real life phenomenon about which there is curiosity. Models of the legislative process, or more general models of the relation between law and society, are, therefore, intentional over-simplifications.

    One model which corresponds to democratic ideology depicts law as reflecting the beliefs and values of people. The assumption here is that legislative institutions create law that mirrors public opinion.

    This over-simplification is not always even the goal of democratic legislatures, let alone a description of the reality of legislative activity. Often, a qualifier such as “enlightened”...

  10. Chapter 3: The Representative and the Constituency
    (pp. 74-144)

    Chapter four of this research project is the examination of the Durkheimian based notion that sentiment in areas in which the population is homogeneous would be more repressive. This classic notion is examined with the assumption that the elected Member of Parliament would reflect this sentiment in his vote on the death penalty. And this is the most reasonable of all assumptions about the relations of the representative to his constituents.

    It does not mean that in every case, and for all issues, the MP will reflect popular sentiment. Much of the time he won’t know what that sentiment is....

  11. Chapter 4: Durkheim and Repressive Law
    (pp. 145-206)

    This chapter introduces the work of a major sociologist to the question of law and its relation to society. Because Durkheim’s thought is central to modern sociology, and his work on law is central to his thought in general, this chapter deals with substantial theoretical and empirical detail. In addition, no comprehensive empirical examination of his ideas on repressive law has been undertaken, although these ideas are widely cited as if they have been empirically verified. This chapter undertakes an empirical examination of an hypothesis,

    based on Durkheim’s thought on the relationship between social homogeneity and repressive law. Marshalling...

  12. Appendix I: Methods and Procedures
    (pp. 207-212)
  13. Appendix II: The Dispositions of Convicted Murderers in Canada From 1946 to 1967.
    (pp. 213-220)
  14. Name and Subject Index
    (pp. 221-224)