Thesis (Ph. D.)--University of Wisconsin--Madison, 1953. / Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 294-296).

published_or_final_version / Law / Master / Master of Laws

This thesis examines the impact of colonial legal institutions planted by the British administration upon the working of local indigenous practices in Bengal from 1860 to 1914. The aim of the thesis is two-fold. Firstly, the aim is to highlight the constraints and limitations faced by institutions that were reorganised following the assumption of Crown control in 1858. Secondly, the purpose is to illustrate the ways in which these limitations allowed the native population to mould, and manipulate, state institutions according to local needs and expectations. By examining these issues the aim is to highlight the tenuous relationship between western methods and indigenous practices, at times complementing each other and at other times proving to be incompatible. Through an examination of the system of criminal administration, the thesis seeks to highlight the complexities of the interaction between the local populace and colonial law. Rather than representing rigid categories which highlighted the difference between coloniser and colonised, the system of criminal administration was often the site where boundaries would often become blurred. As the thesis will aim to demonstrate through specific scenarios and cases described both in private memoirs and official records, it was a site which would be shaped by a number of influences- from clashing interests and changing alliances amongst local groups to the conflicting objectives of the colonial rulers themselves. In the process individual agencies were asserted that confound simplistic characterisations of the impact of colonialism in this important region within the British Indian empire.

Early modern Scotland was a religious society where the doctrine of Calvinism permeated everyday life in the localities through the official regulation of personal behaviour. Recent historical studies have debated the nature and experience of social control in Scotland between 1560 and 1780, including the importance and influence of gender, geographic location and social status. Where such studies have traditionally focussed on kirk session minutes as a lone source, the thesis engages with this debate by employing an ‘all courts’ approach to examine social control, family structures and interpersonal relationships. In doing so, it departs from the binary division of gender and contributes to a wider thematic historiography involving patriarchy, family and household that is present in contemporary English and Continental scholarship. In Scotland, although the period between 1560 and 1640 has received attention from historians, there is no focussed study of these themes for the period between 1610 and 1640. The thesis employs evidence from secular and ecclesiastical court records drawn from ten parishes across East Lothian to analyse the structure of the operational court system in Haddingtonshire and to examine social control and notions of honour and shame. Focus is given to how these two concepts interacted with popular experiences of household life, sexual relationships, violent actions and violent words. Its central argument is that, between 1610 and 1640, there was a localised experience of social control and authority in East Lothian, which was administered through an integrated justice network of civil and ecclesiastical courts that was influenced by gender roles, ideas of patriarchy and the importance of social status.

This thesis explains how some organized crime outlaws, such as anti-Prohibitionists, the North American Mafia or La Cosa Nostra, outlaw motorcycle gangs, and Aboriginal street gangs, come to exist and thrive in Canadian society. It sets forth the historical development and nature of criminal organization laws in Canada, and compares the definition of “criminal organization” in the Criminal Code with other criminal law concepts, such as corporate criminals and white-collar criminals; conventional criminality or garden-variety predatory crime; terrorists; and criminal conspirators, parties, and accessories. It uses various concepts and assertions within criminological, sociological and psychological theories to explain the formation and perpetuation of the identity of individuals who engage in organized crime and who are members of organized crime groups. Aspects of social constructionism, social control and bond theory, differential association in the context of subcultures of violence, deviance and labelling, and social psychology theories are discussed to explain why some individuals, or some individuals who are criminals, become organized crime outlaws. Some of these reasons or explanations overlap and some complement one another. From these theoretical reasons or explanations, this thesis extracts a list of requisites that anti-organized crime measures should address in order to effectively combat organized crime. The conflicts among some of these requisites are set forth and reconciled, and the requisites are used to evaluate the present Canadian criminal organization provisions in the Criminal Code and to suggest non-criminal law as well as non-legal ways to effectively combat organized crime. After the application and discussion of each requisite, this thesis makes recommendations as to what anti-organized crime measures should include and how they should approach the problems posed by organized crime outlaws in this country.

Corporate fine is today the most common sanction for work environment crime. Corporate fine is an economic sanction suffered by the trader when the crime was committed in his economic activity. This thesis aims to provide a better understanding for the application of the corporate fine in work environment crime. Furthermore, the thesis also aims to give a picture of how the use of corporate fine in work environment crime is experienced both from a Prosecutor's perspective and an employers' perspective. In order to fulfil this legal science study it is complemented with an empirical study. A legal and social science method has been used to answer the formulated research questions. The Swedish law has a special prosecution rule that says that the Prosecutor of the less serious crime in the economic activity in the first place has to take action against corporate fine and not take action against individuals. This rule together with requirement that the crime must have been committed in an economic activity means that the fine not equally can be tried out to public activities, which is a sector were most women works. Work environment crimes are usually committed in activities in the construction and manufacturing industries, where more men than women are employed. This means that the corporate fines at work environment crime, to a greater extent is sentenced to maledominated industries rather than female-dominated industries. A conclusion that can be drawn from the empirical study is that the two employers' representatives have not experience that the incentive to create a good working environment has changed from when the corporate fine replaced the individual criminal responsibility. On the other hand, they see a risk where the incentives can be weakened. Because they believe that an individual criminal responsibility in general sharpens the focus of individuals.

Hate crime laws in both Canada and the United States purport to promote equality using the language of antidiscrimination law. National criminal codes in both countries authorize enhanced punishment for crimes motivated by “sexual orientation” but not “gender identity” or “gender expression.” Cities and states in the United States have also adopted hate crime laws, some of which denounce both homophobic and trans-phobic crimes. Hate crime penalty enhancement laws have been applied by courts in both Canada and the United States to establish a growing jurisprudence. In both countries, moreover, other hate crime laws contribute to official legal knowledge by regulating hate speech, hate crime statistics, and conduct equivalent to hate crimes in schools, workplaces, and elsewhere. Yet, despite the proliferation of hate crime laws and jurisprudence, governmental officials do not control all legal knowledge about hate crimes. Sociological “others” attend criminal sentencing proceedings and provide support to hate crime victims during prosecutions, but they also frame their own unofficial inquiries and announce their own classification decisions for hate-related events. In both Canada and the United States, nongovernmental groups contend both inside and outside official governmental channels to establish legal knowledge about homophobic and trans-phobic hate crimes. In two comparable Canadian and American cities, similar groups monitor and classify homophobic and trans-phobic attacks using a variety of information practices. Interviews with representatives of these groups reveal a relationship between the practices of each group and hate crime laws at each site. The results support one principal conclusion. The availability of local legislative power and a local mechanism for public review are key determinants of the sites and styles of nongovernmental contention about hate crimes. Where police gather and publish official hate crime statistics, the official classification system serves as both a site for mobilization, and a constraint on the styles of contention used by nongovernmental groups. Where police do not gather or publish hate crime statistics, nongovernmental groups are deprived of the resource represented by a local site for social contention, but their styles of contention are liberated from the subtle influences of an official hate crime classification system.

Hate crime laws in both Canada and the United States purport to promote equality using the language of antidiscrimination law. National criminal codes in both countries authorize enhanced punishment for crimes motivated by “sexual orientation” but not “gender identity” or “gender expression.” Cities and states in the United States have also adopted hate crime laws, some of which denounce both homophobic and trans-phobic crimes. Hate crime penalty enhancement laws have been applied by courts in both Canada and the United States to establish a growing jurisprudence. In both countries, moreover, other hate crime laws contribute to official legal knowledge by regulating hate speech, hate crime statistics, and conduct equivalent to hate crimes in schools, workplaces, and elsewhere. Yet, despite the proliferation of hate crime laws and jurisprudence, governmental officials do not control all legal knowledge about hate crimes. Sociological “others” attend criminal sentencing proceedings and provide support to hate crime victims during prosecutions, but they also frame their own unofficial inquiries and announce their own classification decisions for hate-related events. In both Canada and the United States, nongovernmental groups contend both inside and outside official governmental channels to establish legal knowledge about homophobic and trans-phobic hate crimes. In two comparable Canadian and American cities, similar groups monitor and classify homophobic and trans-phobic attacks using a variety of information practices. Interviews with representatives of these groups reveal a relationship between the practices of each group and hate crime laws at each site. The results support one principal conclusion. The availability of local legislative power and a local mechanism for public review are key determinants of the sites and styles of nongovernmental contention about hate crimes. Where police gather and publish official hate crime statistics, the official classification system serves as both a site for mobilization, and a constraint on the styles of contention used by nongovernmental groups. Where police do not gather or publish hate crime statistics, nongovernmental groups are deprived of the resource represented by a local site for social contention, but their styles of contention are liberated from the subtle influences of an official hate crime classification system.

Hate crime laws in both Canada and the United States purport to promote equality using the language of antidiscrimination law. National criminal codes in both countries authorize enhanced punishment for crimes motivated by “sexual orientation” but not “gender identity” or “gender expression.” Cities and states in the United States have also adopted hate crime laws, some of which denounce both homophobic and trans-phobic crimes. Hate crime penalty enhancement laws have been applied by courts in both Canada and the United States to establish a growing jurisprudence. In both countries, moreover, other hate crime laws contribute to official legal knowledge by regulating hate speech, hate crime statistics, and conduct equivalent to hate crimes in schools, workplaces, and elsewhere. Yet, despite the proliferation of hate crime laws and jurisprudence, governmental officials do not control all legal knowledge about hate crimes. Sociological “others” attend criminal sentencing proceedings and provide support to hate crime victims during prosecutions, but they also frame their own unofficial inquiries and announce their own classification decisions for hate-related events. In both Canada and the United States, nongovernmental groups contend both inside and outside official governmental channels to establish legal knowledge about homophobic and trans-phobic hate crimes. In two comparable Canadian and American cities, similar groups monitor and classify homophobic and trans-phobic attacks using a variety of information practices. Interviews with representatives of these groups reveal a relationship between the practices of each group and hate crime laws at each site. The results support one principal conclusion. The availability of local legislative power and a local mechanism for public review are key determinants of the sites and styles of nongovernmental contention about hate crimes. Where police gather and publish official hate crime statistics, the official classification system serves as both a site for mobilization, and a constraint on the styles of contention used by nongovernmental groups. Where police do not gather or publish hate crime statistics, nongovernmental groups are deprived of the resource represented by a local site for social contention, but their styles of contention are liberated from the subtle influences of an official hate crime classification system. / Law, Faculty of / Graduate

The problem of driving and drinking has been examined in terms of prevention, enforcement, punishment, and education. From the sale of alcoholic beverages, it remains apparent that people will continue to drink and problems associated with that behavior will persist. The purpose of this study was to investigate how the judges in Montgomery County, Virginia, treated defendants brought to court for driving while under the influence of alcohol or driving on a license suspended due to alcohol abuse from July, 1982 through September, 1983. An analysis of the role played by the Montgomery County, Virginia, judges in the driving and drinking problem has shown that there were significant differences in the (number of continuations allowed, the type of verdict granted, and the form of punishment given. Defendants arrested for driving while under the influence of alcohol were much more likely to receive a guilty verdict (81%) than were people arrested for driving on a license suspended due to alcohol abuse (34%). These same judges were consistent in their treatment of male and female defendants in all areas except punishment where it was found that no females went to jail. Personal interviews with the judges substantiated the statistical results, but of even more significance was the accent placed on educating both the public, beginning in elementary school, and the drunk driver. Many recommendations for further research and further action were presented. / Ed. D. / incomplete_metadata