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Lecture #3- Looking Back at Law.doc

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York University
Social Science
SOSC 1375
Olena Kobzar

1 Looking Back at Law: Lecture Outline Lecture #3 January 21, 2014 Normal/Abnormal - On what basis do we decide that something is normal/abnormal? - One determines the other - Society’s standards - Ethics - Nature: “that’s only natural” - Religion - Social - Social beliefs - Today we will explore how social beliefs figure in the contraction of normal/abnormal distinction Social Beliefs - Narratology and Social Norms - ***Narratology: the explanation of stories, which tie back into doxas - 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 - Something that is blown out of proportion - We sometimes justify our hates and fears based on this ideology - Ex: second-hand smoke Law as Regulator of Morals - Makes certain things acceptable and common - Changes our beliefs as a society to determine what is acceptable - Governs our moral behaviour Law as Containment - Tries to govern certain behaviours - Tries to prohibit certain things/actions, for ex. Drugs 2 ***Clara Ford (1894) - Early 30’s + mulatto + seamstress + unmarried - Clara Ford shot and killed Frank Westwood (18 years old, from a well to do white family) - F.B. (Blackie) Johnston - Clara Ford’s lawyer - B.B. Osler - The prosecutor - Social norms - Certain ideas of what it means to be a woman - Prosecution tried to portray her as very rugged, masculine - From her point of view: she shot him because he raped her - From his view: his family did not want to see him as being in a relationship with someone of a lower class - She was able to get off even though she was being portrayed as a bad person - Played into the norms of being a woman, that she is not as smart as a man - Claimed to have lied to the police officer about what had happened - Nobody questioned her as being psychopathic ***Carrie Davies (1915) - 18 year old woman from England, servant in the Massey home - young + white + British + innocent + hardworking + dutiful + dressed in dowdy clothing - Bert Massey: liked fast and and had a reputation for womanizing - Hartley Deward: Carrie Davie’s lawyer - E.E.A. Duvernet: prosecutor - Medicalization: insanity - She claimed to have prevent the rape from happening by shooting him - Manipulated the social norms by arguing self-defense - Used the paternalistic ideology - Was questioned about whether or not she was insane - Was declared not insane through medical examining Recent Cases Shafia Trial - Tooba Mohammad Yahya + Mohammad Shafia + Hamed Shafia charged with murder - Declared their killing as a honour killing - The mom was questioned about whether she was a good mom or not - To determine whether or not she was capable of killing her kids - Google evidence was used in the case Colonel David Russel Williams - Military officer and serial killer - Raped and tortured 2 women - Used to break into people’s houses and steal female underwear to take pictures in, and therefore courts tried to portray that he was abnormal 3 Physcopathology Bedlam Asylum th - Mental institution in the 14 century in thder to humanely take care of the indi
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