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Law and society dec 2lecture dec.docx

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Social Science
SOSC 1375
Kimberley White

Law and society lecture dec.07.2010 -Bentham- check slide! -Von Savigny: -law is not made by legislatures but produced through the people, social relations of people over long period of time -implication from this is that social reform makes bad law -customary norms haven’t caught up to what the law is actually intending to do -laws around prostitution, people still seek out sex workers- he would state that its still acceptable by society Critique of Von Savigny’s View: -would slavery been repealed if left up to the social norms of an antebellum south?}- it worked up to the benefit of economic benefit -the customary norms didn’t want to see that change because they justified slavery since it helped economy to make money Is law a dependent or an independent variable in social change? Bentham: acting upon society Von Savigny: law is fashioned according to the society Law is both dependent and independent variable in social change Exam question! Occasionally Social change as cause of legal change: -changes to law can result from changes in social conditions, knowledge, beliefs, attitudes, technology, etc Liberalization of _____ 1) Matrimonial Causes Act of 1857 -British law that Canada was governed by -No federal divorce law in Canada before 1968 -Provinces regulated divorce -Inconsistency was the problem -Cannot obtain divorce unless you go to court -check slide! 2) Divorce Act, 1968 – one federal law for the country -next shift reform to the divorce act -1968: social movements, social liberalization, women’s movement, civil rights movement, Vietnam war, anti-war protest, gay-lesbian movement -permanent marriage breakdown as a ground for divorce -fault-based grounds for divorce= adultery, cruelty and desertion -equally available for wives and husbands -had different sections- section 3 and 4- list of various grounds under which divorce could be sought -section 3= adultery, rape, sexual offence= homosexual act, bigamy, physical/mental cruelty -section 4= living separately, permanent breakdown (check slide) -judge had to be satisfied, could not make lies just to get out of the marriage -1967-very few divorces -shrinking marriages and incline in divorce -1985- equal 3) Divorce Act- 1985 (our current law) -second shift reform to the divorce act -if both parties wanted divorce, they can file a joint petition for divorce, no requirement to appear in court -can satisfy the g
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