Qualities of Mercy

Justice, Punishment, and Discretion

Edited by Carolyn Strange
Categories: Social Sciences, Criminology, Law & Legal Studies, Legal History
Publisher: UBC Press
Hardcover : 9780774805841, 198 pages, December 1996
Paperback : 9780774805858, 198 pages, December 1996
Ebook (EPUB) : 9780774841504, 198 pages, November 2011
Ebook (PDF) : 9780774854757, 198 pages, October 2007

Table of contents

Foreword / Douglas Hay

Acknowledgments

Introduction / Carolyn Strange

1. Civilized People Don't Want to See That Sort of Thing: The
Decline of Physical Punishment in London, 1760-1840 / Greg T.
Smith

2. In Place of Death: Transportation, Penal Practices, and the
English State, 1770-1830 / Simon Devereaux

3. `Harshness and Forbearance': The Politics of Pardons and the
Upper Canada Rebellion / Barry Wright

4. Savage Mercy: Native Culture and the Modification of Capital
Punishment in Nineteenth-Century British Columbia / Tina
Loo

5. Discretionary Justice: Political Culture and the Death Penalty in
New South Wales and Ontario, 1890-1920 / Carolyn Strange

Punishment in Late-Twentieth-Century Canada: An Afterword /
Anthony N. Doob

Description

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.

Reviews

This thought-provoking and well-written book will be of particular interest to students of law, sociology, public policy, and criminal justice administration.

- Anna Leslie