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SOC307H5 (49)


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University of Toronto Mississauga
Reza Barmaki

SOC307 July 25 th Rules 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. o not 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 things* 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 4. Natural Law - laws of nature - immutable, eternal, univeral - deviance punished by: o nature o human beings o divinities 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 o prevents 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 o fundamental 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: o revenge for what they have done - as deterrence: o preventing future crimes by the individual criminal o sending a message to others - all human beings don’t want to controlled – power does not want regulation o rules are made to take away that dominance 1. Public Law - regulates the state and individual relation o individuals: citizens, companies - A – administrative law o regulates activities of government agencies *departments, ministries) o jurisdiction, rules - B – criminal (penal) law o Regulates crime and punishment (defines, prescribes) - C – constitutional law o Fundamental values, beliefs, rights o Framework for the creation of other laws o Constitution Act (1867) – used to be BNA Act o Charter of Rights and Freedoms Supreme Court of Canada - ultimate interpreter of constitution - decides if other laws, procedures, verdicts, etc. are inline with the principles of constitution or not - invalidates those that are not - governments go to SCC before passing a law 2. Private Law - regulates relationships between individuals - A – contract law: o regulates exchange of services - B – properly law: o regulates transfer of property - C – tort law: o injuries, liabilities, compensations, negligence  car accidents, slippery steps… Indictable Offences - an offence which can only
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