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SOC323H5 (91)

Lecture 5

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University of Toronto Mississauga
Zachary Levinsky

SOC323-LAW AND SOCIETY LECTURE 5: 2/3/14 TEST -SHORT ANSWER (3/5 OR 4/6) -STRAIGH TO POINT -ONE RIGHT ANSWER -ESSAY QUESTION -NO RIGHT ANSWER MOVIE REVIEW -the idea of accessibility -idea of radical independence: somehow we think we are indpedent from ppl and we do things on our own, but disabled ppl cannot -ordering a coffee was liberating -we are never fully away from treating you in a certain way -killed bc disabled -Senora Taylor going for a walk: but she is led by technology -somehow anxiety over limitations that is revealed through a disabled person -was her pain her impairment? Disability model vs. impairment model -Reena Virk Case* hate crime fits in a particular box, but not seen in Latimers case -the pain is part of her disability bc it is a part of her lived experience -Tracy was not independent -both sides talk about choice -she didn’t choose to kill herself bc of her limitations -anxiety over death bc of limitations -the walk in reference to Latimer Where are we Going -started talking about legal/.technical ruling and the way the law is trying to address something that was wrong (Latimer being wrongfully convicted) and that rhetorical power of the law -today we look at commissions of inquiry: how does it address marginality (deal with things that are wrong) -Arbor: how it relates to Ashley Smith -try to rectify a wrong -ex/. Murder of Jordan Manners -ex/. Ashley Smith (coroner’s inquest) -not about what exactly happened and how and by who, but it addresses some systemic problems and concerns that happened -inquiries gather a lot of information, from experts, witnesses -where did the system mess up? (Martins Article)police officers notes, tunnel vision (focus on one things) -what can we do so it does not happen again -what is the purpose of commissions of inquiry Outline -Commissions of Inquiry -Landscape of Women in Prison -Human Rights’ story -Reputational Risk Management (RRM) -Risk Management of everything -concern of RRM -Arbor and RRM -Ashley Smith -Attributions of blame -Normalization of Deviance -Exam Questions Commissions of Inquiry—Role -function of official statements is primarily to allay, suspend and close off popular doubt through an ideal and discursive appropriation of material problem (Burton and Carlen, 1979) -pretend that something is being done -museums of official discourse though which the practical working out and metamorphosis of dominant -a window into what happened, turning points in history -Althaus, 1994bringing closure to whatever happened Symbolic Instrument of Agenda Manipulation -strategic -all about the state reaffirming itself -Marx’ way of thinking -pretend that we care, by the state rewriting the narrative -“one means by which the state seeks renewal of hegemonic domination” -making it look like something is being addressed without really addressing it -public inquiries […] reproduce specific ideological social relations -status quo (Strategic justice article) -and repair legitimacy crises -(Burton and Carlen 1979:8)” [96] -says they are doing it without really doing it -ex. Jordan Manners : more recommendations about bullying then about school shootings -subversive inquiries are quite rare (in common wealth countries) bc of their tendencies to speak from an idealized conception of justice tending to ignore its absence (down play it, deny it or defend what went wrong) -this is not the case in Canadian societies -it suggests that things went wrong without defending or downplaying what happened -Martin Article: Marshall (aboriginal stabbed black man, police had tunnel vision and the crown was in conjunction with the police), Milgard( a hippie) and Morran (odd individual, neighbor of Christine who was killed, answered questions weird, so police made him a suspect, and tunnel vision by police) (3 M’s)all from marginalized backgrounds -Canadian inquiries are quite critical and subversive -ex/ New Zealand wrongful conviction: everything went well in justice system but the result was wrong - Canadian Commission: the ideal of justice failed and is rooted in the practical workings of the system. How do we undo that so justice is realized next time? Arbor Report -riot in prison, CSC (corrections svs of Canada) -1990, renewed focus of women in prison -1994, 2 women try to escape, caught, separated and thrown into cell naked, segregated and taken out by men in riot gear (emergency response team) (cavity searches) -then put in cells where ppl could see them -CSC video tapes everything and video is leaked 6-7 mths later -uproar in society -no longer a threat, why would they go to extreme and punish them? -shock of that imagery, -thus the Arbor Report happened -prisoners’ rights, treatment of prisoners -administrative segregation (fill out paper work, and separate prisoners)why do that? Its taking literally all rights away -bc there were so many rules, some were forgotten and ignored -the rule of law is absent although rules are everywhere -they didn’t care about the rule of law -allegi
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