Lecture 3 20140215
o Spectacular Justice
• Layers of the “order”
• Pierre Bourdieu on exceptions
The Jury as representative of the community
o Loo’s Typology on Law’s Power
• Law as Coercion
• Law as Symbol (ideology)
• Law as Rhetoric
o Prof Discussion
• The rule of law is embedded by what is supposed to be Canadian?
• Rule of law means to elevate and provide tension for the settlers for Indians being only
punished for their crime.
• Democracy might be problematic and dangers of frontier justice pretend they were not like the
The basic problem in the anthropological other (person being studied) is that it is never the
recognition of the other; rather it is just and epistemological other which perhaps says more
about the epistemological systems of the ethnographer rather than any “honest” description of
the other” Sundar Sarukkai (1997) The “Other” on Anthropology and Philosophy.
o The Other
• Loo’s Argument in (in Bute Inlet)
o Crime helps reveal social identity
o How does the characteristics attributed to the other refract contrasting characteristics
of the self?
These aren’t fluid and fixed things it is always in the state of negotiation.
o What does the “self” look like in Canada (historically and now)
o What does the “other” look like in Canada? Terrorist
Jamaican Criminal (1990’s)
Missing/dead people—who gets the coverage?
Runaway teens that do not get the coverage within society? Whether
the image is correct.
Any personal experiences (or witnessing) of being “other”?
People being checked at the airport because they have the image of
Lombroso’s ideas of how the criminal looks like, physiological
It tells us what we value as individuals. Criminals just have faulty
o Bell Hook Revisited
• No need to hear your voice when I can talk about you better than you can speak about
yourself. No need to hear your voice. Only tell me about your pain. I want to know your story.
And then I will tell it back to you in a new way. Tell it back to you in such a way that it has
become mine, my own. Rewriting you I write myself anew. I am still author, authority. I am still
colonizer the speaking subject and you are now at the center of my talk. Bell Hooks.
• You hear that crime rates have gone up compared to another year, and always be suspicious of
why certain dates are chosen?
o Spectacular Justice
• “For historians, and particularly for social historians, the unique and exceptional can be
problematic in the search for larger patterns and meanings in the past. Yet, for us, the value of
this unusual episode lies in its singularity.” (p. 182)
o Flattering, not critical, elevated description of subject—boosting the person.
o They try to make problems of certain aspects. A lot of sociology does not confirm it.
They are trying to get at community identity and community values, and they jury is
hypothetically suppose to represent the community. How do trials affect the
community? That’s why they are avoiding this false sense of conformity.
• Multiple examples of the other:
o Black offender and Black victim
o National identity, the triumph of a raceless nation, triumph of the British law.
• The Circus: Circuses only happen in big cities not small cities, that is why it is such a huge
deal. • Urban Industrialization: cities expanding, it is pictured as an ideal retreat, it a picture of
progress, not crime. Crime is in expected to be happening in places like cities but on the
outside, other affluent neighbourhoods—would not see domestic violence on the streets.
• “Shorty’s acquittal was the exception to the rule of everyday classist and racist justice, but it did
nothing to remedy injustice.” (183)
o Role of the Exception to the rule
• Pierre Bourdieu
o Noblesse Oblige: role of education, class of people born into privilege and why were
they born into that class and god had been chosen to be in upper class/caste.
o The education system is a way to distribute privilege.
o Prior Social Capital predicts success
o Are instances of low social capital people rising up which are championed?
o Sustains the mythology of education: those exceptions that people with in lower class
can still become better off. They reinforce and legitimize, as it is a good system. The
legal system is said to be good but it doesn’t redress any power relation in society.
o Reproducing the status quo? The Circus tops turns and everything is carefully
controlled, we already know what the outcome is going to be. But, in court trials there
are often surprises that do not happen in circuses usually it tells the status quo, but
sometimes it takes a turn. It is not carefully thought out as people thought.
o The Jury as Community Identity
• “Trails remind people, if only momentarily, of social fragility