Tuesday may 19th 2011.
Law & Society
•what is moral regulation……..
•ex of governance……
•lord devlin vs. john Stewart mill……..
•governing the self
Today: Governing the Body: Vagrancy Laws, Prostitution, Birth-Control
( 2nd article on test)
•Jean-Jacques Rousseau (18th century Phil)
•“Man was born free, and he is everywhere in chains”
•We give up our natural/ inherent freedom to do what we like and enter
into social contract with everyone
•We benefit from the protection of the law.
•We tend to think of space as an empty geographical area
•Can be a space of encounter and politics (the other)
•Can be a space of liberal mobility (where the self must be shielded)
•Articulating claims from a rights position- freedom of speech, rights to
•Hitchen’s article: right to sit on a milk crate vs. right to a sidewalk
•Associated with the Warren Court in US.
•Earl warren-chief justice-1953-1969
•Law as a tool for obtaining fairness and equality- brown vs. board of
Prostitution in Canada:
•Is not illegal: buying and selling sexual services is not illegal (it has
always been so in Canada)
•Soliciting for the purposes of prostitution is illegal
•Communicating for the purposes of prostitution is illegal
•Procuring (being a pimp), trafficking and brothels are illegal
•A report by the Canadian centre for justice statistics: 1991-1995, 63
prostitutes were murdered in Canada
•Represents 5 % of the women killed in that period
Human sexual trafficking:
•Approx 800,000 to 900,000 victims trafficked annually across
international borders worldwide
•Language barrier, lack of access to resources
•Lack of status
•Bedford vs. Canada 2010
•Justice Susan himel struck down 3 ccc provisions that had been
challenged-communicating for the purposes of prostitution, pimping and
operating a common bawdy house.
•Municipal zoning as regulation.
•Jobless and a homeless person, who earns a living by begging
•Canada passed the vagrancy act in 1869
Purpose of the act:
•Separated the deserving poor (cases of charity) and those being able to
work, but unwilling to do so
•Targeted status, rather than actions
•Onus on the subject (not to look a certain way-the act of begging was
not illegal but the way a person looked)
•The act targeted the able bodied men of prime working age
•A way of enforcing discipline; work and common working class
Post war boom and Keynesian welfare state:
•Removed the toughest component of the original act
•Constituted a person as vagrant who;
oa) Not having any apparent means of support is found wandering
abroad or trespassing and does not, when required, justify his
presence in the place where he is found
o b) Begs from door to door or in a public place
•Reforms where based on the notion that it should no longer be an
offense not to have a home or work, even though one was able to.
•1972 all offense based on the person’s status (homeless, jobless) were
Safe streets act:
•Law in Ontario 1999 and in BC 2004
•Vancouver, Montréal and Winnipeg have their own versions
•36 of 50 largest cities in US criminalize begging
•Prohibits aggressive solicitations
•Amends highway traffic act
VIDEO: CBC squeegee kids Halifax (you tube)- vid says squeegee kids are
dangerous and that they block traffic. Argument of coalition against poverty.
They pose questions in a certain way.