SOC323-LAW AND SOCIETY
LECTURE 3: 1/20/14
-layers of “the other”
-Pierre Bourdieu on expectations
-The Jury as representative of the community
*burka bans and prostitution laws in Canadarelates to today’s issues in the world
Loo’s Typology on Laws Power
-law as coercion
-law as symbol (ideology)
-law as rhetoric
-loo’s argument (in Bute Inlet)
-crime helps reveal social identity
-how does the characteristics attributed to the other refract contrasting characteristics of
-what does the “self” look like in Canada (historically and now)
-what does the “other” look like in Canada?
-terroristdon’t understand why ppl would take own life (suicide bomber)
-Jamaican Criminal (1990s)vicious new type of criminal
-missing/dead ppl—who gets the coverage (black teen doesn’t get same coverage as
-any personal experiences (or witnessing) of being “other”?
-“for historians, and particularly for social historians, the unique exceptional can be problematic
in the search for larger patterns and meaning in the past. Yet, for us, the value of this unusual
episode life in its singularit” (p.182)
-hagiography -overly flattering, uncritical take on subject
-what do dates tell us about crime? Why do they pick particular year? Are they averting attention
from somewhere else?
* town of Picton Ontario (small little town)
-multiple examples of the other:
-black offender and black victim
-national identity: Canada as a raceless society
-the circus: what does the circus embodycontrasted with the homogeneity of the town
-urban industrialization: crime comes from the outside
-“shorty’s acquittal was the exception to the rule of everyday classist and racist justice, but it did
nothing to remedy injustice” (p.183)
Role of the exceptions to the Rule
-talking about higher education: feudual systemnoblemen, kings queen who were born
-education system was to distribute privilege
-built on merit
-prior social capital predict success
*new divine right of kingsnew form of nobility
-are instances of low social capital people rising up which are championed
-ppl with high social capital usually do better in school
-sustain mythology of education
-even those who don’t do well in school buy into this educational system
-how can we apply this to the law and legal system?
*Story alludes to Britian and Canada can look past race
-example of circus—reproduction of status quo will seem to unsettle it they say
Some ‘Spectacular’ Questions -was the jury more swayed by EM Young’s arguments or their own personal stake?
-was he more important than extra-legal factors?
-how could R.v Clarke be such a powerful source of national pride if it failed to register with the
-are the authors giving more weight to the importance of the trail than the citizens?
* page 135talks about what is admissible in a court room
-pitch the anthropologist against the historian (hearsay vs. documented work)
-judge says the anthropologist is too close to the subject