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Lecture 8

September 23 - lecture 8.docx

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Department
Political Science
Course
POLS 3300
Professor
Dennis Baker
Semester
Fall

Description
September 23, 2013 – POLS 3300 – Lecture 8 September 20 (Friday lecture) – case Friday – Chatterjev v. Ontario The Start of September 23, 2013 lecture: There Ought to Be a Law – Les Pal on “instrument choice” - “Justice officials and politicians often reach for a law because it is a primary instrument of government, and because it makes intuitive sense to influence behaviour and situations by making rules.” o If all you have is a hammer, then every problem looks like a nail… o Your instruments will often shape the problems you see and the solutions you propose o Ontario gov’t can’t change the criminal code but can address criminal behaviour through (example) property regulations. That’s their instrument. o Solutions at a federal level would be to create a law about it. o Les Pal is trying to caution justice department – just because there is a problem, don’t just jump to making a law and throwing it in the criminal code - Fundamental questions (before making a law)… o If a rule or law is appropriate, what type of rule = primary legislation, regulation, voluntary code, guidelines? o If it is not appropriate, are there other ways to influence behaviour – taxes, grants, subsidies, services, information? o Is direct behaviour really the key target, or is it something more fundamental like character, or culture, or social context? o To what extent should government be getting involved at all, or is it a matter of working with social and private sector groups to build their capacity to deal with problems?  be clear of what the problem is – is it norms or values? Is it a particular behaviour? Think about what you are trying to do first. - what is the primary target?... o individual behaviour o norms underpinning the behaviour? o Processes (interaction of norms and behaviour in context of al or some interests) - Legislation and regulation is not the only legal instrument available; decisions, quasi-legislation, contracts, and incorporation by reference are also viable legal instruments o Two dimensions: generality and degree of binding. For example, quasi-legislation is generally non-binding but bulletins/interpretations can have a large practical effect and might be more suitable. [[[[ this shit will not be tested ]]]] September 23, 2013 – POLS 3300 – Lecture 8 - THIS IS AN IMPORTANT SLIDE: - There are alternatives to using legal instruments… o Information  Instead of using law, make information campaign. It can affect behaviour. Ex. Targeting smoking, drinking and driving, domestic abuse, etc.  The problem with it:  Relies on voluntary compliance. If people are dead set on behaviour, putting a poster in the subway will not stop the behaviour. Relies on the actors thems
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