Class Notes (835,166)
Canada (508,985)
POLS 3300 (75)
Lecture 8

September 23 - lecture 8.docx

3 Pages
Unlock Document

Political Science
POLS 3300
Dennis Baker

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
More Less

Related notes for POLS 3300

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.