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SOC323 Syllabus- 1May2013(1).doc

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Nicole Myers

University of Toronto Mississauga – Sociology SOC 323 Law and Society Monday 10:00 am – 12:00 pm Wednesdays 10:00 am – 12:00 pm Instructor Information Instructor: Dr. Nicole Myers Office location: DV room #3246 Office Phone #: 905-569-4473 Email address:[email protected] Office hours: Mondays 3:15 to 4:15 and Tuesdays, 12:30pm-1:30pm Blackboard/Course web site: Portal Teaching Assistant(s): Zach Levinsky [email protected] Course Description This course asks students to think critically about the role of law in society. The course encourages students to reflect critically on the complexities of Canadian law, and, in particular, on how legal processes both influence and are shaped by social, political, and economic relations. This course is designed to advance students’ knowledge of the complexity of law, its methods, and its theoretical debates by focusing on two main themes: the culture of rights and the regulation of morality. The course is divided into two sections. Part One will focus on classical and contemporary socio-legal theories. Part Two will review the Canadian Charter of Rights and Freedoms and examine recent Supreme Court cases. A main objective of the course is to teach students how to draw on theoretical frameworks to analyze contemporary socio-legal debates. A range of topics are discussed, including the regulation of abortion, prostitution, drugs, obscenity, gay rights, homelessness and HIV non-disclosure. Students are expected to read the required material in advance of lecture and be prepared to actively participate in class discussions. In order to enhance classroom participation, discussion questions are included with the weekly readings. Prerequisites, Exclusions, CSL Group Prerequisites: SOC100H5, 209H5 Textbooks and Other Materials Course pack- available in the bookstore. 1 Evaluation Components and Grading Policies Mid-term Test (in class) 35% 22 May 2013 Critical Research Paper 40% 10 June 2013 Final Test (in class) 25% 17 June 2013 There is one in-class midterm comprising 35% of your final grade, and a final test comprising 25%. These will cover the assigned readings and all class materials (lectures, in-class discussions and films) for the designated sections of the course. The critical research paper instructions are posted on Blackboard. This paper is worth 40% of your grade. You are advised to start early. You are strongly encouraged to meet with me during office hours to discuss your paper. As of the first day of class you have been made aware of the due date and the assignment instructions. This is more than enough time to complete this assignment; please manage your time accordingly. **Grades will not be posted on Blackboard, you must come to class and pick up your materials** Attendance Attendance is strongly advised and students are responsible for ALL material presented in class. Students who are unable to attend class on a given day are responsible for obtaining from their classmates notes on all material covered, as well as information regarding any announcements made in class. 2 Course Schedule May 6 Morality, Rights Talk and Law  Ignatieff, M. (2000). Democracy and the rights revolution. The Rights Revolution. Toronto: House of Anansi Press.  Asper, D. (2 June 2007). Pushing natives beyond the breaking point. National Post  Justice denied. (11 November 2008). Globe and Mail. Discussion Questions: What is the sociology of law? How does it differ from other approaches to law? May 8 Classical Legal Theory (Natural Law, Legal Positivism, Legal Realism) and the Sociology of Law (Durkheim, Marx, Weber)  Vago, S. and Nelson, A. (2004). Theoretical perspectives, in Law and Society. Toronto: Pearson.  King, M. Letter from Birmingham Jail, in Adams, D (ed.)(2000). Philosophical Problems in the Law, 3 ed. Australia: Wadsworth.  ‘Rosa Parks, civil rights pioneer, dead at 92’. (24 October 2005). The Globe and Mail. Discussion Questions: How do the different perspectives explain the social development of law and the relationship between society and law? How do the different theoretical frameworks account for our current laws on euthanasia and same sex marriage? May 13 Contemporary Legal Theory (Feminist jurisprudence, Postmodernism, Critical Legal and Critical Race)  Neallani, S. Women of Colour in the legal profession: Facing the familiar barriers of race and sex’, in Dawson, T. (ed.) (2003). Women, Law and Social Change: Core Readings and Current Issues. Toronto: Captus Press.  Gomez, L. (2004). A tale of two genres: On the real and ideal links between Law and Society and Critical Race Theory in Sarat, A. (ed). (2004). The Blackwell Companion to Law and Society. 3  Marlow, I. (19 July 2007). Judge’s gender, political ties influence rulings. Toronto Star.  Tyler, T. (2007). First woman on Supreme Court. Toronto Star. Discussion Questions: What contributions have contemporary theories made to our understanding of law and society? How do the different perspectives theorize the concept of rights? May 15 The Charter and Constitutional Rights  Boyd, N. (2002). The Constitution of Canada: The British North American Act, 1867, the Constitution Act, 1982, and the future of federalism, in Canadian Law: An Introduction. Toronto: Harcourt Brace.  Sallot, J. (11 August 2003). Public against judges making laws, poll says. The Globe and Mail.  Huscroft, G. (19 April 2012). Yes. The Charter of Rights has given judges too much power. The Globe and Mail  Dodek, A. (18 April 2012). No, the Charter of Rights has not given judges too much power. The Globe and Mail. Discussion Questions: What has been the impact of the Charter on our culture of rights? What does it mean to be treated equally under the law? What are the implications of treating citizens exactly the same? What is the difference between formal and substantive equality? Does the Charter shift power from the legislature to the judicial branches of government? What are the implications? May 20 Victoria Day- NO CLASS May 22 MID-TERM TEST May 27 Regulating the Uterus: Abortion and New Re-productive Technologies 4  Haussman, M. (2001). Of rights and power: Canada’s Federal abortion policy 1969-1991. In Abortion Politics, Women’s Movements and the Democratic State: A Comparative Study of State Feminism, p.63-86.  Martin, S. Abortion Litigation, in Jhappen, R. (ed.). (2002). Women’s Legal Strategies in Canada. Toronto: University of Toronto Press.  Yourk, D. (23 October 2002). Morgentaler launches Maritimes lawsuit. The Globe and Mail. Discussion Questions: What has been the impact of the Charter on the construction of legal decisions regarding abortion? May 29 The Making of Legal Subjects: Lesbian and Gay Rights  Capman, K. (2002). Helpern v. Canada (A.G.). Canadian Journal of Family Law, 19(2): 423-444.  Lunman, K. (2003). Ottawa backs gay marriage- Court decision won’t be appealed; Chretien promises new legislation  Agrell, S. (9 August 2007). Canadians still have ‘a long way to go’ on gay issues. The Globe and Mail Discussion Questions: How has the private/public distinction been used to frame gay/lesbian legal debates? June 3 Homelessness and the Regulation of Public Space  Hermer, Joe and Janet Mosher. 2002. Excerpt from “Introduction.” Pp. 11- 20 in Disorderly People: Law and the Politics of Exclusion in Ontario, edited by J. Hermer and J. Mosher. Halifax: Fernwood.  O’Grady, Bill and Robert Bright. 2002. “Squeezed to the Point of Exclusion: The Case of Toronto Squeegee Cleaners.” Pp. 23-39 in Disorderly People: Law and the Politics of Exclusion in Ontario, edited by J. Hermer and J. Mosher. Halifax: Fernwood. Discussion Questions: How is the law used to regulate access to and use of public space? June 5 Criminalization of HIV Non-Disclosure  Mathen, C. and Plaxton, M. (2011). HIV, consent and criminal wrongs. Criminal Law Quarterly, 57(4): 464-485. 5  Supreme Court hears HIV disclosure case- Winnipeg man, Quebec woman did not tell sexual partners they have HIV. (7 February 2012). CBC News.  Elliott, R. (8 February 2012). Let’s draw reasonable lines on HIV disclosure. Globe and Mail. Discussion Questions: What are the consequences of criminalizing non-disclosure of HIV status? How does this law impact the right to privacy? June 10 Regulation vs. Criminalization- The Case of Prostitution  Brock, D. Victim, nuisance, fallen women, outlaw worker? Making the identity ‘prostitute’ in Canadian Criminal Law, in Chunn, D and Lacombe, D. (eds.) (2000) Law as a Gendering Practice. Toronto: Oxford.  Ontario court crafts wise compromise on brothels. (26 March 2012). Globe and Mail. Discussion Questions: How do policies and laws that focus on criminalization differ from those that promote regulation? *********TERM PAPER DUE IN CLASS********* **MUST SUBMIT TO TURNITIN** June 12 Regulation vs. Criminalization- The Case of Drug Control  Fisher, B., Ala-Leppilampi, K., Single, E. and Robins, A. (2003). Cannabis law reform in Canada: Is the ‘sage of promise, hesitation and retreat’ coming to an end? Canadian Journal of Criminology and Criminal Justice, 45(3): 265-297.  Picard, A. (30 October 2011). Despite Insite victory, Canada’s drug strategy is deeply flawed. Globe and Mail. June 17 IN CLASS FINAL TEST Procedures and Rules 6 1. Missed tests and assignments • Accommodation provision: In general, for missed tests or assignments we follow UTM policy about accommodation for the following three reasons: •
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