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About the Book
The meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases.
Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which common sense about crime, punishment, criminality, and human nature shaped the boundaries of expert knowledge at every stage of the judicial process.
Negotiating Responsibility fills a void in Western socio-legal history scholarship and provides an essential point of reference from which to evaluate current criminal law practices and law reform initiatives in Canada. It will be of interest to academics and students in the critical fields of law and society, history, criminology, and cultural studies.
About the Author(s)
Kimberley White is an associate professor of law and society in the Division of Social Science at York University in Toronto.
Table of Contents
Acknowledgments
Preface
1. Introduction
2. The Making and Mapping of Capital Murder Case Files
3. Criminological Thinking and Ways of “Knowing” the Criminal
4. Negotiating Responsibility in Law’s “Marketplace”: Beyond the Insanity Defence
5. The Racialization of Criminal Responsibility
6. Murder between “Wives” and “Husbands”
7. Concluding Thoughts
Appendix A-1: Capital Case File Summary
Appendix A-2: Demographic Profile and Principal Legal Features of Case Files
Appendix B: Alphabetical List of Capital Case Files with Archival References
Notes
Bibliography
Reviews
“A pioneering and important contribution to Canadian historiography and social science in the area of mental disorder and justice. The scholarship is both extensive and rigorous. ” -- Michael Petrunik, Professor, Department of Criminology, University of Ottawa
Sample Chapter
Front Matter and Chapter One
Related Topics
Law
Other Ways To Order
In Canada, order your copy of Negotiating Responsibility 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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