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HIST 3305 (12)
Lecture 2

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HIST 3305
Christopher Mc Naught

Lecture 2 Saturday, July 6, 2013 - Not just a law course and a series of statutes - It’s going to be a course that puts things in context—nothing happens in a vacuum. th th o Late 18 century and early 19 century: English legal reforms in criminal law which form the basis of our Canadian Criminal Code happened as a result of influences (French Revolution, American Revolution, age of Enlightenment, philosophy, arts, literature, which changed people’s perception of humanity) o Early criminal law: we’re dealing with a mindset that was driven by a religious extremism.  Man was concerned with the next life, life was not valuable, life was subsumed by religious connection/life of the manor/etc. th  We move from that around the 18 century—Hogarth (engraver in England) made prints about life in England (boy run over by a cart, lamb being slaughtered, prostitutes drinking gin, etc.)—people weren’t valued.  The notion that man could rise to something more, there were great things that people culd accomplish  Henry VIII’s reign: 70,000 English people executed. You wandered around the village gate and saw tons of corpses. What was the law? o How the law evolved—from the time of Robin Hood, the Crusades, the arrival of the Normans  1066 AD: most of English law and English language was really French—we owe it to the Normans  England after Rome’s removal from the scene—left an imprint of peace and whatnot. England also got an impact from the Picts, the Saxons, etc.  **We’ll see the roots of the RULE OF LAW—what are the notions of criminal law, what do we consider worth sancitonoing and how? o As late as 1800, on the books in England, there were books on over 200 offenses over which you could swing (including pickpocketing at a public hanging)—our British tradition moved in that period from the perception of universal cruelty and harshness to proportionate sentencing, a Criminal Code, something that’s transparent and can be relied on—move from universal severe punishment (capital punishment). - Challnge: the aftermath of the post-9/11 era, how the state is involved in security. Grand ethical questions such as the use of drones (US drone strike that killed 9 Pakistani Taliban)—just wars, sovereignty, interventionism, war crimes o When you send a drone to another person’s country, what are you doing? o In light of the Nuremberg principles… - We will begin a long time ago and move through the early middle ages into the pre-Enlightenment era, the origins of jury, the eternal cry to reform or eliminate the jury system (in Canada, we don’t have an absolute right to a jury trial…only a maximum of 10% of cases have a jury trial…only if you’re in danger of a 5-year prison term or more) - Great shift in societal morays o Women were nothing, were cattle, had no legal rights, were custody, property passed from father to husband, no charges of spousal abuse  We go from there to special topics where we see development of spousal abuse syndrome (battered women syndrome)  The pendant may have swung too far—how far can physical threat to female spouse go before it ceases to be a viable offence? • Woman who shot her husband was not arrested, just taken to a mental institution! • That’s some difference from the Lavalee case (the seminal case of battered women’s syndrome) • Interesting subtle developments—men should be wary!  It wasn’t until the 20 century that women were recognized legally as persons—this all happened recentl o War crimes, international court o Terrorism, post-9/11, the West and its response  **looking at how we responded. Did we give away too many civil liberties? Were our fears well-founded?  What is occupying our budget in terms of border services? Have things really changed at all?  What are the consequences in our rush to secure ourselves in issuing security certificates?  Cases like Omar Khadr, Malki—sometimes Canadian citizens have been imprisoned or kept under surveillance with our national complicity, tortured, sued the government and the government took the view that it has nothing to apologize for.  Taxpayers in a future government will pay compensation  The Supreme Court has chastised the government for its treatment of these people. - From the Norman period through early middle period, o looking at state of justice, early reforms, English Civil War and how that changed the government (king couldn’t appoint certain officials at his own whim), Hades’ Corpus, the jury - Then Enlightenment o Age of Reason o Influences that caused the Western world to reconsider state of man in the world, what their potential was o Wordsworth, John Locke, Voltaire, Goya, Dickens  **READ DICKENS!! • He gave primary impetus to publishing with his famous stories and serials • Irish dock workers in America would rush every morning to get the off-load and see the latest segment on the Old Curiosity Shoppe to read what Dickens wrote • Oliver Twist, David Copperfield…books that really changed the world. Not because he was a social reformer and wanted to change the classes, but because as a human being, he captured the popular imagination about the ills of the period (cruelty to children, people dying of TB, etc.) • **A Tale of Two Cities is a goo
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