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SOC 323 lec#1-8.doc

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University of Toronto Mississauga
Nicole Myers

Lecture 1SOC323 Thursday Sept 13 2012examining law in the the broader social contextnot what it says but how it is experiencedhow it is shifted based on cultural background or prior engagements to the law Where is the Law law is everywheregoverns everything you doengage in law every day shapes our world view what is right and wrongimpacts in the way we understand and interpret our experience What is the Sociology of Law law as a set of social practices interaction of law development of legal institutions law legal behaviourdevelopment of legal institutions social control regulation social construction social changesocial context vitally important does not stay the samevery influenced by the social and the cultural how the economy is doing Core Questionswhat is the role of law in society How do legal processes both influence and are shaped by social political economic relationsLaw is a complex social processhow the law affects individuals and how individuals reflect back on the lawtime specific content of lawhow law is enforceddynamic not static does not stay the same changes over time reciprocal historically specific prohibition making things illegal had been going on since the 1860s ex alcohol they thought alcohol was the reason for illnesses abuse etc in 1864 the drunken act came into place in 1920s they removed it doctor opened abortion clinics involved with a lot of police and the courtin 1988 they removed it from the criminal code culturally specific competing interpretations of the lawcanadian variationjurisdictional variationdifferential enforcement aboriginal communities have been calling for their own rights and self determination some Canadian laws have helped but fairly limited in self governancealternative forms of sentencing for aboriginals Quebec has been recognized as a distinct society1995 the Quebecois referendum narrow margin kept them in sept 4 2012Quebecois was reelected for government look at the relationship between english language and french language religious groupshas always been a very powerful role particularly around what is a spouse etcsome people didnt wan their kids to learn about evolution in schoolnew Canadians context specific a violation of the law is contingent upon the social context and wider social circumstances ex is causing death of another human being illegal the last execution was in 1962 social processrelationship between social and legal change effect of group membership on experience and legal outcome what communities are you apart of how do you identify yourself sociology of law what factors matter in what kinds of situationThe Canadian Rights Revolutionrelated concepts of equality justice and rightscontextualized Canada within a global legal arena Canadian Rights revolutiontoday we have womens rights children rights gay rights etc Guarantee of fundamental rights and freedomsprotection from power of the statemajorityenhanced equality while protecting difference Defining Canada this defines canada it is a core of what we are as a people we talk about rights and law we are similar in the sense that trying to create an identity we need to find another way that brings everyone together than just where we are from many people argue that we should be proud it is part of our universal identity the idea do rights is about protecting them from the erosion of the powerful Distinctiveness1Group rights recognize importance of minority rightswe are not a melting pot2Self Determination
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