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Lecture 9

LY100 Lecture 9: Ly100 week 9

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Law & Society
Gallagher- Mackay

0Ly100 week 9 A review of last lecture What did the court say in the Supreme Court of Canada case R. v. Dyment, a case involving using a blood sample taken for medical care to find a driver guilty of drunk driving? (a) Drunk driving is a terrible crime requiring pro-active enforcement (b) Only blood tests conducted under police supervision can be used as evidence. (c) Canada should follow the United States and build a jurisprudence around the right to privacy. (d) The right to privacy includes control of one’s body, one’s home and information about oneself. Which view of law and society is reflected in Nicholas Blomley’s analysis of Urban Public Spaces and Traffic Logic? a) Legal positivism b) Natural law c) Legal consciousness d) A Marxist view *erwic and silby Which of the following is an example of the notion of private vs. public spheres? a) Ethical humanism vs. traffic logic b) Natural law vs. positive law c) The state vs. the market d) Formal vs. substantive equality *The state is the government and the market is people. Classic example of private vs public Foucault, Michel. “Panopticism” in Discipline and Punish: the birth of the prison • A classic work of theory • History through metaphor • Huge influence on law and society, how society works, geography, power, ect… Overall notion: takes the idea of Panopticon and integrates it into people are watching you all the time ( a feature of every day life) Key notion of disciplinary power: is lost of small points of contact but very little intervention Foucault, Michel • historian and philosopher of late 20 century – deeply informed social science Two of his most important ideas in this chapter – • “disciplined” society, • power of surveillance • Important theoretical frames for looking at many different public issues • Moral relativism, deep hysterical view that we are still in trouble. (he thinks things wont get better) “"My point is not that everything is bad, but that everything is dangerous, which is not exactly the same as bad. If everything is dangerous, then we always have something to do. So my position leads not to apathy but to a hyper- and pessimistic activism." —Michel Foucault • ^This is the notion of being aware of the bad things going on in our society Order replacing ‘swarming masses’ – Goya’s image (of human misery) “House of security” is replaced by “house of certainty” • a time of complete control is the main argument here • situation of ultimate violence • plague: a state of panicmummified body of Jeremy Bentham (famous for the idea of the panopticon) • workers relatively unskilled, brother arranged workers in a circle around his desk so he could watch them. (loved that idea because it improved productivity) • Decided it would be useful for all kinds of arrangements – schools, prisons, hospitals • Talked the PM into building a panopticon prison. Fell through. Got built in Cuba though… Panopticon * a ring like structure where the person in the middle can see everything but can not be seen “Mechanism for power in pure form” “morals reformed – health preserved – industry invigorated- instruction diffused – public burdens lightened” J. Bentham Why use a Panopticon? • Reduce the number of people exercising power while increasing the number over whom power exercised • Possibility of intervention at any minute means the pressure acts before offenses, mistakes or crimes permitted • Automatic product of architecture, geometry • Can be integrated into any function – education, medical treatment, punishment, manufacturing • Democratically controlled because anyone can become the observer • “Swarms” and breaks free of institution –> “centres of observation diffused throughout society” • based on the possibility of intervention at any time (prevention oriented) • can be integrated into anything • democratic because anyone can be the observer Similarities and differences between Plague and Panopticon Plague
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