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Looking Back at Law (Jan 22).doc

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Social Science
SOSC 1375
Olena Kobzar

1 Looking Back at Law: Lecture Outline Normal/Abnormal: On what basis? Nature – “that’s only natural” Religion Social – social beliefs Social Beliefs : “Wounded womanhood and dead Men” Narratology and Social Norms: Narratology - who is telling the story? - how it affects the outcome the telling of the stories invokes certain social norms Some Terms: Rule of Law: All people are equal under the law Moral Panic: A disruption that threatens the social order of a society Law: as Regulator of Morals Law: as Containment Clara Ford (1894): Early 30ies + mulatto + seamstress + unmarried Clara Ford shot and killed Frank Westwood (18 year old, from a well to do white family) F.B. (Blackie) Jognston – Clara Ford’s lawyer B.B. Osler – like prosecutor Social norms – certain ideas of what it means to be a woman 2 Wanted Frank dead because he sexually assaulted her Compared her to a wild animal by news paper The Defence showed Clara as a helpless person who could not defend themselves, and the male as a beast taking advantage of these helpless people Clara stated that she didn't approach the police because they wouldn't of did anything to the rich and that b.c of her race she they wouldn't of believed her. Carrie Davies (1915): 18 year old woman from England, servant in the Massey home Young + British + innocent + hardworking + dutiful + dressed in dowdy clothing Bert Massey: liked fast cars and had a reputation for womanizing Hartley Deward: Carrie Davies’ lawyer E.E.A. DuVernel: prosecutor Medicalization: insanity She was working one day when Massey was said to have “try to rape her” and she pulled out a gun and killed him. Same with the case with Clara, the judge/jury didn't “actually” look at the evidence but only felt sorry for the women and their helplessness and “purity” and acquitted them b.c of that. Recent Cases: Shafia Trial Tooba Mohammad Yahya + Mohammad shafia + hamed Shafia charged with murder The excuse = “I’m a mom” = I couldn’t have murdered my own children Colonel David Russel William 3 Physcopathology: - Bedlam Asylum - Entertainment from a distance ‘ - “depraved”, “without the grace of God”, “Luckless” - To observe them was to be reassured in the distinction between normal/abnormal Medicalization: - The Modern Era: much of what we see as the abnormal now becomes medicalized - Its no longer an aberration dep
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