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Racism and the Law lectures 2014..doc

6 Pages

Political Science
Course Code
POLS 3561

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Racisism and the Law 2014 Notes ________________________________________________________________ 1st: a Discussion about the student who refused to do a group assignment at York university because there were women in his group. _____________________________________________________________________ Dancing around the table part one Movie January 13th, 2014. LEC -Nation building between two different countries on the same piece of land. -Is it fair? The right to their own religions, language cultures, etc. -Aboriginals believe that there must be a change in Canadian attitude for change to occur. They say the land all belonged to them and that they used to share it. Now it is not the same. -Qualifications of citizenship. Canadian gov’t keeps throwing back what the aboriginal party was saying in their faces. They also twist their words. -setting children up for the wellfare system until grade 8. No responsibility on the “white mans hands” -Bias among the Aboriginal peoples about how Canadian Gov’t doesn't teach about their culture. What happened to parental responsibility. -The prime minister is very argumentative and keeps washing his hands of the situation. - ___________________________________________________________________ JANUARY 27TH 2014. LEC -Absoloute poverty: is a situation where a person can not afford basic needs. -Relative poverty: INEQUALITY, a situation where a person is noticeably worse off than most ppl in his/her community. -Causes of poverty. WHY are so many ppl in Canada Poor? 1 in 10 ppl r poor in Canada. -2009 stats: is th 1 in 10 ratio. -Its estimated that as many of 4.8 Canadians will poor. -ABused women sometimes stay in abusive relationships because of economic issues. ie: freedom in society, charter limitations to legal rights. Negative rights and postiie rights go hand in hand. -political rights becomes limited as a Canadian citizen when you are not able to provide an “educated guess. ie wealthy etc etc. -representation of aboriginal women has increased in the recent years. -Aboriginal women are experiencing more poverty rates. -Linkage between victimization and criminalization : -if ur vulnerable, poor, in the eyes of society ur victimized. -tendancy with women n violence, we look @ women as being victimized because there all biologically weaker intellectually, and physically. We judge. Wen i comes b4 the legal system; they look at the problems of victimization that contributes to criminalization. POSITIVE WOMEN EXPOSING INJUSTICE: *MOVIE* POINTS -living with HIV in toronto -suicide. -they feel like criminals -freedom is all she has left ? What is freedom? -Difficulty to make yourself a priority in a relationship. COMFORT BEING comfortable with someone -you must disclose your status or its a criminal charge. -responsibility -women with the “safe” complex -responsibility then and now -personalization Question: position of the issue don’t believe criminal justice system has done enough. ______________________________ Monday March 31st, 2014 Public international law: not fully related but we need background info. -its related to domestic issues -How to achieve social justice. _____________________________________ International law: about relations among nations, traditionally focusing on diliberation and reasoning over raw power. As a means of resolving conflicts -the normative purpose is to foster a better wat of international politics by sharing international values. -areas of public international law include air (planes) law, diplomatic relations. the law of armed conflict environmental law and trade law. 2 main sources of international law: treaty, and customary international law. main sources of public international law: international court of justice provides info. -treaties, international custom, generally recognize principals of law. Judicial decisions, and the teachings of publicists. Some of them are primary sources. The rest are secondary. the teaching of publicists and judicial decisions are classed as secondary sources of public international law. -difference between custom and treaties, are the formal instruments of international law. Formal are economic treaties( they carry a heavier weight of compliance and enforcement) -carries a heavy weigh because gov’t formal have agreed to the terms of the treaty, legally. It has to go through a process within their on country. -Customary is not as strong in terms of enforcement compliance etc, because its mainly based on practices past practices of the states, how theyve been conducting relation with international organizations. -they have to conform to the principal and accept as onne of the international laws. -definition of custom international law: Law that follows from estate action undertaken by estates believing that these actions are legally obligatory. 2 elements to custom international law.:a) consistent and general practice among the states. b) practice viewed and accepted as law by these estates -This process of being viewed has a latin name: opinio juris -meaning a sense of legal obligation. U must establish this term in order to have international law. -How?: usually demonstrated by pointing to official statements of a particular gov’t in other matters, (if Russia objected to taking over another estate in writing), By pointing to diplomatic correspondence. By pointing to gov’t press releases. Submitions of facts to national and international tribunals, ____________________________________________________________________ - principal: the rules of law binding upon estates eminate from their own free will as expressed in conventions or by usages, generally excepted as expressing prin
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