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SOC307H5 Lecture Notes - Bad Life, Miscarriage, Summary Offence

Course Code
Reza Barmaki

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July 25th
Rules (in general)
-regulate behaviour
-sets limits to what can and cannot be done
-control all aspects of life
-backed by sanctions
-social control
-prevent chaos
Main Forms of Rules
1. Custom Law
-recurrent practises over time
-solidify as tradition
-human origin forgotten
-viewed as to have always existed
-traced to mythical origins, divinities, ancestors…
-inviolable, scared
-strictly followed
2. Positive Law
-written codes
-intentionally created to deal with exigencies of life
-made public
-not treated as sacred – someone sat down and made them
-easier to change than custom
-Code of Hammurabi (Babylonian King) 1800 B.C.
onot governmental – King’s rule – as kings changed, so did the rules
Modern Criminal Code
-more complicated
-specialized – separated from other laws
-reflect increasing complexity of social life
-positive law increased with an increase in complexity in social life
-hard to make known to public – there’s too many laws – no one knows all of them
-various specialized experts in law required
International Codes
-some laws have a greater scope
-some laws are international
-everyone al over the world must follow
*function remains the same: human behaviour has to be controlled – you cannot do certain
3. Divine Law
-some laws are said to be of divine origin
-important demands are often written
-not easy to change – change requires imperfections but God has perfect knowledge…
-require strict obedience
-deviance results in human and divine punishment
-takes precedence over human laws – ex. abortion/same sex marriage
-not having rules messes up human psychology – a chaotic life is a bad life
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4. Natural Law
-laws of nature
-immutable, eternal, univeral
-deviance punished by:
ohuman beings
Criminal Law
-has always existed
-as a part of main forms of law
-defines what constitutes crime
-prescribes punishment
-varies over time and place
A. Providing Social Control
-function shared by other laws
-social function
-kept for violations of acts defined as criminal
-other forms of violation can easily become criminal violation
B. Discourage Revenge
-delegation of enforcement of law and retribution
oprevents people from taking the law into their own hands – social control
-institutions of authority (state)
-prevents chaos
C. Expression of Public Opinion and Morality
-public’s opinion of bad behaviour changes over time
-laws express social beliefs
-beliefs and laws change
ofundamental change: people are all created equal
-people fight to have their own views become laws
-different opinions are expressed in contradictory laws
D. Prescribes Punishment
-as retribution:
orevenge for what they have done
-as deterrence:
opreventing future crimes by the individual criminal
osending a message to others
-all human beings don’t want to controlled – power does not want regulation
orules are made to take away that dominance
1. Public Law
-regulates the state and individual relation
oindividuals: citizens, companies
-A – administrative law
oregulates activities of government agencies *departments, ministries)
ojurisdiction, rules
-B – criminal (penal) law
oRegulates crime and punishment (defines, prescribes)
-C – constitutional law
oFundamental values, beliefs, rights
oFramework for the creation of other laws
oConstitution Act (1867) – used to be BNA Act
oCharter of Rights and Freedoms
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