Class Notes (806,813)
Canada (492,450)
LS 101 (209)

11A - What is Moral Regulation and what are its effects - defining moral regulation.docx

5 Pages
Unlock Document

University of Waterloo
Legal Studies
LS 101
Susan Brophy

Unit III: Major Debates in Legal Studies Week 11A November 19, 2013 Week 11A: What is Moral Regulation and what are its Effects? Defining Moral Regulation Review  Therapeutic jurisprudence  Community-focused  Triage team  Differences: eligibility and point of intervention  Aims: efficiency and cost-cutting  Limitations: recidivism rates and paternalism Background “Women should avoid dressing like sluts in order not to be victimized.” - Constable Michael Sanguinetti  Slut shaming - example of moralizing discourse  “good girl” and “boys will be boys”  Women’s responsibility not to be harmed  Moralizing discourse impacts regulation: o Changed language from ‘rape’ to ‘sexual assault’ o Attitudes of enforcement officers o Less focus on predatory practices o Onus on victim to prove harm  Focus on process o Moralizing discourse  Identifies a certain behaviour that is immoral or bad  Links the bad act to harm  Then creates the basis for regulation o Moral regulation, therefore, is a process  Moral regulation has a long history  Focus on immoral, often non-violent behaviours  Most detectable when… o Link between harm and need for regulation is not obvious or direct Morality and Harm Moralizing discourse is an exercise of moralization: Unit III: Major Debates in Legal Studies Week 11A November 19, 2013  Is a generalized moral pronouncement  Enforces a standard of behaviour  Objective is to reform bad habits  Recipients of moralization seems to be preachy, judgmental or self-righteous Moralizing discourse  Identifies bad acts  Links these bad acts to harm  There are perceptions of harm o Specific harm o Symbolic harm Example: Prostitution  Specific harm: health of wives (bringing the ‘disease of prostitutes’ back home)  Symbolic harm: women’s purity o Prostitutes – women as a sexual object o Flip side where women must be ‘pure’ o Creates the double standard for women  Bad act (prostitution) + harm (specific and symbolic) = grounds for moral regulation Components of moral regulation  Moralized subject (source)  Moralized object (target)  Moralized practices (regulated acts) Components of Moral Regulation Source Moralized subject as “source”  Tend to be entitled person our group (usually have a perceived access to authority, or moral authority)  Would engage in moralizing pronouncements  Can be anybody or anywhere, i.e. mom, dad, friend, boss, etc. Target Moralized object as “target”  Usually a particular group of people o Examples: immigrants, women, poor  Identified by moralized subject needing Unit III: Major Debates in Legal Studies Week 11A November 19, 2013 o Protection o Reform o Control Purpose Identify and control moralized practices  More than blaming or promoting good acts o Change behaviour at fundamental leve
More Less

Related notes for LS 101

Log In


Don't have an account?

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.