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NCJRS Abstract

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NCJ Number: 166858 Find in a Library
Title: Imperial Authority and Colonial Officialdom of Upper Canada in the 1830s: The State, Crime, Lunacy, and Everyday Social Order (From Law, Society, and the State: Essays in Modern Legal History, P 181-214, 1995, Louis A Knafla and Susan W S Binnie, eds. -- See NCJ-166852)
Author(s): R Baehre
Date Published: 1995
Page Count: 34
Sponsoring Agency: University of Toronto Press
Toronto, Ontario M4Y 2W8, Canada
Sale Source: University of Toronto Press
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Suite 700
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Type: Historical Overview
Language: English
Country: Canada
Annotation: This paper assesses the nature and degree of state intervention and its accompanying socially defined legitimacy in relation to crime and insanity as reflected in a complex of legal and proposed institutional reforms arising in the late 1820's and 1830's in Upper Canada.
Abstract: Two noted products of these developments were penal and lunacy reform; in particular, the Kingston penitentiary and initially a temporary asylum and then a model provincial lunatic asylum in Toronto, which was completed in 1849. Although these reforms did not solve problems of crime, insanity, or disruptions of the social order, these legal and institutional developments of social welfare that occurred between 1840 and 1867 precipitated the largest growth in any pre-Confederation government department in terms of both personnel and capital expenditure. This reformation in the Upper Canadian state also contributed to a form of cultural revolution. The colonial response to crime and insanity in the era saw not only the introduction of "rationalized" governance in the form of institutional structures, laws, and bureaucratic procedures, but also "non-rationalized" governance, i.e., the introduction of a new moral code that governed the public regulation of criminals and the insane. The state increasingly abandoned a system premised on providential design embodied in long standing laws and institutions and sought instead to fine-tune the rule of secular law. In specific situations, this meant implementing statutes and institutional rules and regulations more equitably and impartially. 101 notes
Main Term(s): Criminology
Index Term(s): Crime control policies; Criminalization; Foreign laws; Mental illness-crime relationships; Social control
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