HIST 2401 Lecture Notes - Dialysis, Constitution Act, 1982, Iceberg

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For foucault, sovereign power is central in the early modern period (1400-1600s). It is concerned with punishment of offences against the sovereign. For foucault, disciplinary power emerges in the 17th and 18th centuries. It is concerned with reforming individuals rather than merely killing them. While kafka"s tale articulates a poignant critique of the inaccessibility of the law, we are not all equally vulnerable to its mysteries. Karl marx argues that everyone is not equal. Rights can be suspended in times of exception (e. g. national security). It can be used to further corporate interest. It gives formal equality but not substantive equality. Individual rights like the charter give formal equality. Civil and political rights: right to vote, fair trial mobility rights. Life, liberty: security of the person, substantive equality. Socio-economic rights: right to health, right to education, right to housing, environmental rights. Apartheid is the system of legal racial segregation that was in place from 1948-1994.

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