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Lecture 3

CRCJ 1000 Lecture 3: SEPT 23 Dispute and Settlement

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Carleton University
Criminology and Criminal Justice
CRCJ 1000
Lara Karaian

Dispute Settlement & Punishment Small scale Society and the Origin of Law Hunting and gathering societies - Smaller societies, lots of individuals shared beliefs and values, activates. - Cooperation and closely nit. - Had obligations, right and privileges that they shared. - Patterns of behavior that maintain the social cohesion. - Wanted to maintain harmony, in order to survive. - They are very small and communal. No need for centralized structure for decision making. Through discussion. Relied on mechanisms to keep peace in order. Need for self-restraint - Lifelong interactions with one another. Depend on one other for survival. - If there was conflict it was dealt with quickly. They had to control their hostility, greed and envy. - There were effective punishments for those who went their own way. Absence of surplus, stratification and the state - No one had things that the other didn’t. Everyone shared. Surplus: no extra good of food - . Everyone is equal. No influence in the society. Determined by the community members and could be taken away. It was a matter of wisdom. Society has developed and become more complex. Mutual independence of the group starts to fall apart. When they stopped moving around and started farming they noticed Inequality. And when they started to see surplus. - They start collecting goods. Soon after private property becomes one of the ways society started to define itself. - Some members could generate more private property, food, than others. - People started feeling more entitled with what they grew themselves. Did not want to share anymore. - Structural inequality: Inequality that gets built into the structure of society. comes from people having property, surplus - Very quickly this society became bigger and bigger and those who had nothing lost more and more. Conflict was more likely to occur between the haves and have-nots. As societies changed, so did the types of disputes that occurred. ▪ Surplus goods and private property allowed for theft as well as compensation for offences. ▪ Contracts and wills emerged. Requiring and increasingly complex body of Civil law: Addresses conflicts between people ▪ The creation of chiefdoms and later, states paved the way for offenses such as treason and slander. (against the Crown.) Centralization of Power • England transformed from feudalism to a modern capitalist industrial society. Feudalism: a central farm owned by a landlord and small land holdings for a class of farm labourers. • When lords consolidated power in England, they developed a body of law to deal with disputes. 2 • Kings started to create the state. Informal king’s courts. Judges. Making the laws of the time. Centralization of power and the development of Common Law The development of law is the protection of property. 1400-1600: Early law is also based in the idea of sin. The church was the main source of law. As we move into a more secular society. More of an allegiance to the dollar rather than church. As kings start to consolidate power, they start to replace the feudal lords. They start to develop common law. Conflict between the people gets understood as conflict against the King. The Rise of the Merchant Class The merchant class helped the Crown consolidate power. In exchange for legislation and enforcement that favoured merchants. - Merchants provided money to the crown in exchange for land and safe trading. Emergence of a Modern Criminal Justice System The state became the dominant instrument of settling disputes. Backed up by police and military. • Laws, created by the state, became the principal means of regulating human activity and ensuring social order • Property, commerce, real estate, labor. Started to be regulated by written down laws. Beginning of the emergence of modern criminal system. • Social organization, sanitation. 3 Enemy of the Victim o Civil Law o Conflicts between private parties. o Negligence causing harm to others. o Monterey solution. Enemy of Society o Criminal Law o Conflicts between persons and society. o Criminal Negligence. o Punitive solutions/sanctions. Moving from civil to criminal – sanction state violence. Can start to use violence in terms of punishment, imprisonment. Origins of Policing - Most societies were self-policed until the 1600s - Industrial revolution is other way in where society becomes more complex. People moved from farms into the city and started working at factories. - Policing starts to develop. To maintain social order and control working class. - Tied to capitalism, u
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