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Lecture #4

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Tuesday may 19th 2011.
Law & Society
Lecture Four
Tuesday recap:
what is moral regulation……..
ex of governance……
4 tests…
lord devlin vs. john Stewart mill……..
governing the self
Today: Governing the Body: Vagrancy Laws, Prostitution, Birth-Control
( 2nd article on test)
Social contract:
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.
Producing space:
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)
Right-based arguments:
Articulating claims from a rights position- freedom of speech, rights to
the city
Hitchen’s article: right to sit on a milk crate vs. right to a sidewalk
Legal liberalism:
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
education (1954)
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
Two stories:
o1. Violence. degradation
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.

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SUMMER 2011thTuesday may 19 2011SOC323H5FLawSocietyLecture FourTuesday recapwhat is moral regulationex of governance4 testslord devlin vs john Stewart mill governing the selfToday Governing the Body Vagrancy Laws Prostitution BirthControl nd 2 article on testSocial contract thJeanJacques Rousseau 18 century Phil Man was born free and he is everywhere in chainsWe give up our natural inherent freedom to do what we like and enter into social contract with everyoneWe benefit from the protection of the lawProducing space We tend to think of space as an empty geographical areaCan be a space of encounter and politics the otherCan be a space of liberal mobility where the self must be shieldedRightbased argumentsArticulating claims from a rights position freedom of speech rights to the cityHitchens article right to sit on a milk crate vs right to a sidewalk
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