Reviewed by: People and Place: Historical Influences on Legal Culture Clive Emsley People and Place: Historical Influences on Legal Culture. Edited by Jonathan Swainger and Constance Backhouse. Vancouver: UBC Press, 2003. Pp. 288 , illus. $85.00 cloth, $29.95 paper It may be a statement of the blindingly obvious, but laws are made and enforced by individual human beings. Sometimes, however, especially in [End Page 856] the Anglo-Saxon world, the law is granted an indulgent reverence with the implication that it is organic, functioning and developing for the benefit of people, but somehow without the involvement of people, with all that such involvement might mean, given human behaviours such as compromise and discretion, corruption and duplicity. This essay collection, focusing primarily on late nineteenth- and early twentieth-century Canada, underlines the impact of different individuals upon the law. At the same time, it reveals ways in which different contexts of time and place have also affected the interpretation and enforcement of the law. The essays were written in honour of the Canadian legal historian Louis A. Knafla. The contributors are both well-established scholars and promising postgraduates; the quality is of a consistently high standard. The subjects addressed range widely. John McLaren discusses the impact of Justice Robert Thorpe on the ideas of constitutional government in Upper Canada. Thorpe has been generally regarded as something of a maverick, but McLaren makes a convincing case for a lasting legacy stemming from his Whig and Irish perspectives. Turning to the lower reaches of the legal profession, Joan Brookman and Dorothy E. Chunn provide a fascinating portrait of the prim and proper Janet Gilley, one of the first woman solicitors in British Columbia. No legacy here, but a lifetime of quiet dedication to her profession, her church, her siblings and their families, and to her conservative values. Miss Gilley would not deal with criminal, divorce, or sexual cases, but such niceties were scarcely available to men administering the law on the prairies such as Justice James F. Macleod. A key point made in Roderick G. Martin's survey of Macleod's career is how the man used the law with flexibility and discretion to ensure that what he perceived as 'justice' was done. Macleod had a liking for the bottle; so too did William Augustus Miles. But whereas Macleod's career was a success and led to power and influence, Miles, as described by David Philips, never achieved what he might have done and ended his days a noted drinker and heavily in debt. Miles's career as a moral entrepreneur in early nineteenth-century England and then as head of the police in Sydney, Australia, illustrates how patronage worked, and was expected to work across Britain and her colonies during the period. A short review cannot do justice to the significance of personality and context highlighted in this stimulating volume. All the individuals noted above are carefully situated in their social, political, and economic context. Community, class, and gender remain key issues for the legal historian. These issues are also foregrounded as, for example, in Constance Backhouse's description of an early twentieth-century rape case and Charleen P. Smith's account of prostitution in the Kootenays during [End Page 857] the mining boom. The law might be exercised with discretion, given what was understood as the 'necessity' of prostitution and the benefits that brothels could bring to economic development. The law might also be used with discretion by community leaders, as Jim Phillips, Rosemary Garton, and Kelly DeLuca show, to have religious enthusiasts committed to an asylum. The offenders in this instance, the Creffield sect in Oregon, were clearly not insane, but their behaviour appeared to threaten accepted bounds of religious and social beliefs. The main thrust of Jonathan Swainger's account of the British Columbia Provincial Police is to contrast the mundane nature of 'ordinary' policing with the romantic, myth-making tales of getting their man whatever the difficulties. And myth making, in turn, can have a significant impact on criminal cases as they come to court. This is the subject of Lesley Erickson's analysis of the portrayal of men who murdered women in the Canadian West in...