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Legitimizing the Law's Authority

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Zachary Levinsky

SOC323 Sept 26 th Legitimizing the Law’s Authority History as a methodology to explore law and society relationship - historiography - history as a story - presenteeism What is History? History is a shifting, problematic, discourse, ostensibly about an aspect the world, the past, that is produced by a group of present-minded workers (overwhelming in our culture salaried historians) who go about their work in mutually recognizable ways that are epistemologically, methodologically, ideologically and practically positioned and those whose products, once in circulation, are subject to a series of uses and abuses that are logically infinite but in actuality generally correspond to a range of power bases that exist at any given moment and which structure and distribute the meanings of histories along a dominant-marginal spectrum. Savage vs. Non-Savage - Indians as slaves to their emotions – in the murder the following was emphasized o fickle and treacherous nature o superstitious proclivities o covetousness Criminal Other - criminals a social resource from which a community takes and sustains its identity - anthropology - Lombroso Self-Other Fluidity In emphasizing the Indian’s otherness, some European British Columbians became self-conscious and reflective about their own behaviour discovering, to their dismay, that despite their best efforts to distance themselves from the Indians, the gulf them was not as wide as they wished. Canada-USA We are too apt in the first flush of excited indignation, to cry out for the utter and indiscriminate extermination of the savages, dealing out to them Lynch Law instead of British justice…we hope to see the same impartial justice brought into requisition in dealing with the aborigines that we would desire to have meted out to ourselves. Going Native It was the American who served as the foil against which they structured their [European British Columbians] identity and hence their actions. European British Columbians were fearful that the alien environment they found themselves in would transform them into the savages they so loathed and from which they drew their identity. They needed to look no farther than the United States for an example of the dangers of ‘going Native’. The Safe Schools Act Over the past decade, school yard violence has changed throughout North America and O
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