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To Right Historical Wrongs
Race, Gender, and Sentencing in Canada
Carmela Murdocca  

$95.00 Hardcover
Release Date: 10/15/2013
ISBN: 9780774824972    


280 Pages



Law and Society series

OTHER WAYS TO ORDER

About the Book

Following World War II, liberal nation-states sought to address injustices of the past. In keeping with trends in other countries, Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people.

In 1996 the Canadian Criminal Code was amended with section 718.2(e), which instructs judges to consider reparative justice for Aboriginal offenders where possible. In 2012 a Supreme Court decision noted that no Aboriginal person should be sentenced without full consideration of the legacies of colonialism, displacement, and residential schools. Yet despite these efforts, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history.

In To Right Historical Wrongs, Carmela Murdocca brings together the paradigm of reparative justice and the study of incarceration in an examination of this disconnect between political motivations for amending historical injustices and the vastly disproportionate reality of the penal system -- a troubling reality that is often ignored.

Drawing on detailed examination of legal cases, parliamentary debates, government reports, media commentary, and community sources, Murdocca presents a new perspective on discussions of culture-based sentencing in an age of both mass incarceration and historical amendment.


About the Author(s)

Carmela Murdocca is an associate professor in the Department of Sociology at York University and a member of York's graduate programs in Sociology, Socio-Legal Studies, and Social and Political Thought.


Table of Contents

Preface and Acknowledgments

Introduction

1 Culture and Reparative Justice

2 From Incarceration to Restoration

3 Her Aboriginal Connections

4 Racial Injustice and Righting Historical Wrongs

Conclusion

Notes
Bibliography
Index


Reviews

"How can it be a bad thing to require judges to take notice of historical wrongs and to make a connection between past injustice and the present-day realities of the massive overincarceration of Indigenous peoples and other racialized groups? This book bravely answers this question. Carmela Murdocca compellingly argues that through apparently progressive sentencing provisions, Canadian courts have considered dispossessed and disadvantaged groups to be culturally different rather than historically wronged. The law carves out identities, she shows, assigning dominant groups the role of saviours of culturally different and dysfunctional groups. We cannot become responsible for historical injustice and confront its ongoing effects if we see our history as one that has colonialism but no colonizers. This book is an urgent plea, based on rigorous scholarship, that we go deeper than cultural difference in order to find ourselves as the beneficiaries of ongoing colonialism and racism, systems that continue to marginalize the dispossessed at ever-increasing rates."
-- Sherene Razack, professor at the University of Toronto and the author of many books, most recently Casting Out: The Eviction of Muslims from Western Law and Politics (2008)


"An exciting contribution to the literature on restorative justice, culture, race, and gender."
-- Angela Cameron, professor in the faculty of law at the University of Ottawa


Sample Chapter

Sample Chapter [PDF]


Related Topics

Criminology
Law
Sociology


Other Ways To Order

In Canada, order your copy of To Right Historical Wrongs from UTP Distribution at:

UTP Distribution
5201 Dufferin Street
Toronto, Ontario
M3H 5T8

Phone orders: 1(800)565-9523 or (416)667-7791
Fax orders: 1(800)221-9985 or (416)667-7832
Email: utpbooks@utpress.utoronto.ca

Ordering information for customers outside Canada


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