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Lecture

Legal Geography(Feb 26).doc

7 Pages
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Department
Social Science
Course Code
SOSC 1375
Professor
Olena Kobzar

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Description
1 Legal Geography: Policing Poverty through the Regulation of Public Space What is the purpose of criminal law? - set rules and how the society behave Who does it apply to? The Dangerous Poor: Marcus Aurelius: “poverty is the mother of crime” - old prejudice: the poor are a dangerous lot who will stoop to criminality if given the opportunity Governance Question: How do you contain, control or neutralize the danger this class of people represents? - deny them to vote, deny them to participate in government issues Law and ‘Equality’: Anatole France: “The Law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread” - a form of discrimination because the wealthy people wont do these things to begin with Liberal Notion of Justice: we must all be treated equally before the law The Rule of Law: everyone to be treated equally under law Distinction between the FORMAL side of the law (how the law reads) and it’s ACTUAL impact/purpose Urban Space: Laws regulating the use of space signify function of space + citizenship - citizenship in the city – urban subjectivity (what is meant to be done in the space) defines who uses the space and why each space is designated for certain people for certain uses History of Vagrancy Law - history of vagrancy law tells us volumes about the changing conception of urban citizenship Dictionary Definition of Vagrant: someone who is both homeless and jobless and earns a living by begging 1869: 1 domestic Vagrancy Act - In 19 century british law vagrants were divided into 3 classes: An idle or disorderly person (no home/job) A rogue and vagabond ( Incorrigible rogue (someone that wont change) - Exceptions: the derserving poor – the impotent poor, the lame and disabled, the sick, disbanded soldiers, and university scholars 3 Canadian Criminal Code (1892): Statutory definition of vagrant: a loose, idle and disordering person who has no visivle means to maintain himself without employment, who is able to work, but neglect to do so, who loiters in the street without a certifiable from a clergy(designating the person as deserving object of charity) and pertinent to our discussion of space, as someone who: - loiters on any street, road, highway, or public place, and obstructs passengers by standing across the foorpath, or by using insulting language, or in any other way “ Every one is a loose, idle or disorderly person or vagrant who -- (a.) not having any visible means of maintaining himself lives without employment; (b.) being able to work and thereby or by other means to maintain himself and family wilfully refuses or neglects to do so; (c.) openly exposes or exhibits in any street, road, highway or public place, any indecent exhibition; (d.) without a certificate signed, within six months, by a priest, clergyman or minister of the Gospel, or two justices of the peace, residing in the municipality where the alms are being asked, that he or she is a deserving object of charity, wanders about and begs, or goes about from door to door, or places himself or herself in any street, highway, passage or public place to beg or receive alms; (e.) loiters on any street, road, highway or public place, and obstructs passengers by standing across the footpath, or by using insulting language, or in any other way; (f.) causes a
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