Class Notes (835,846)
Canada (509,434)
York University (35,286)
Social Science (3,019)
SOSC 1375 (193)


8 Pages
Unlock Document

Social Science
SOSC 1375
Kerry Taylor

Lecture 5 Tuesday May 21, 2013 Exam: - five short answer questions - approx 5 sentences for answers - Essay - get into the answer - show me as much substance as you have taken from everything - assume that your TA has no knowledge of the material, explain things in as much details as possible - if you are using a concept- DEFINE IT. - make sure you are drawing heavily on the readings Article Review Assignment - word file with the requirements also 4 articles - pick one that you understand - which socio-legal perspective you are most comfortable talking about - theres a little bit of overlap in perspectives - theres also a MLA citation guide - ask TA ahead of time if you need help with citations - what the argument, how does it relate to the official version of law - what kind of big observations does this analysis give you about how our society works, about some of the bug dominant ideas take place (cultural artifact) REVIEW - all of us have our own ideas about what law is - we have been learning about multiple and overlapping ways about law and how it works - Critical: we have to have a foundational understanding about what says its about, we need building blocks. - we have to be able to readily identity what is going on - law is this big system of ideas, a way of thinking, a way of seeing the world, it often contains very rigid ideas of who we are - what is the OVofL tells us?- ideal picture about how our legal system works. Ideal representation of what it is suppose to do - over and above, our legal system is suppose to be value free. - its not based on any one particular world view - neutral, objective, unbiased - fair system - tries to treat everyone body as if they are exactly the same - Who might like the OVofL? - perhaps the people who created the system - judges, lawyers etc - if we are going to critical, what we need to do is to question does the OVofL really treat everyone the same Socio-legal critique: - those who created and structured our Legal System continue to benefit from the way to works - it pushes people to the margins of society - Our system of law doesn't always help those who are different from the dominant group - the way we evaluate law depends on what the person thinks about the shape our society is in - if the society is working well: they like the OVofL, they think of law highly - if there are people and are worried about big things like racism, sexism, homophobia, agism, class based inequality: you are going to start to see areas where you can say "the OVofL may not totally cut it" - the problem is that the system tries to treat us all the same - problem with OVofL: it fails to recognizes us in context, it fails to situate in a society where there are differences in power, where there are difference in status, where there is hierarchy. - if law treats us all the same when we are in her, what happens when we go back out into the world - First and foremost we have to put law and society together, study there interaction, dynamic together, and think of a more complex picture - law is either unable to recognize peoples differences, there is struggle when we realize we are not all the same - Law has trouble hearing stories where in out society there are hierarchies and status - Maybe our legal system is actually built on some pretty specific values after all - Law has limited potential to bring out a certain type of change, law is used for INCREMENTAL CHANGE - we should ask ourselves big question when reading articles: how does this person think things are going in society, what issues are they concerned with? are they worried about big things? these questions let us figure out there perspective - there is no single right answer for "how does law work" - what law is, how law works - we should know this from a number of different angles - in final exams: we give us some convincing arguments on why law is complex, contradictory and complicated - authors don't have to like law, but when we look from a critical perspective. we have to be able to articulate what short comings bother you - law is kind of like pizza Stories - indigenous law - ideologies behind the treatment of aboriginals - colonialism and paternalism - what life was for them before European contact - the idea that prior to european settlement, abo people were sovereign - they were a self-determine people - nobody needed to tell them how to run their affairs - they had a fully function everything - absolutely self- sufficient - Europeans settlers used the law to try to make Abo people to make them invisible - the law was used in attempt to make Abo people disappear - our system of law stepped in as an authority - our law told them that Abo people could not take care thmeeslves - Abo people ways of life didn't count as real or valuable or important - we developed the Indian Act - was this a good thing? NO - this piece of legislation exerted authority every aspect of their lives - they were not able to make decisions that affected their community as a whole - they were not able to hunt and fish when and where they desired - it told them that there spiritual beliefs were criminal - overall, they had to listen to canadian authority or else they will suffer the consequences - if they didn't follow, they were fined or put in jail - Law told us particular story about canada: only European claim counts as real - Canadian Legal System sent out a message to them " your way of life is wrong" - this decreased number of Abo people but also forced them to assimilate - we see our legal system attacking the Abo people way of life - lady justice: sword: to fight of evil, this is an instance where a socio-legal scholar would say that there sword was used for the purposes of oppression, to eliminate a culture that existed in Canada - many scholars see this as an attempted cultural genocide - is the Canadian Legal System Value Free? - no -does our legal system leave room for people to live different lives? - no - does our legal system allow us to practice our own belies? - no - use law in a systematic way - through a socio-legal analysis: we see European using force to est. that their government and their system of law was the only one that counted as being real - today : Aboriginal communities continue to exist - Socio legal scholars say : the poverty, environmental degradation, unemployment are the result of a dependency created by the our law - we find fault in them instead of the society and law that positioned in THAT - what law has to do with systemic racism - we can see law openly working to oppress - it is working directly out in the open to make other legal system essentially disappear - How do we move forward; Critical Socio-Legal Perspective - look over the OVofL - Borrows says that we can start thinking abut putting Legal Pluralism into practice - we need to make room from Indigenous Law - Canadians need to stop thinking that our way is the best way to do law - for many years our judges had defined what it means to be Aboriginal, what rights and protections they are entitled to - they have used their own cultural values for this - we can question this - Why don't we start listening to stores who First Nations people say they are and who they want to be - we start to learn about the Indigenous law - one of the big problems that comes with the assumption that Aboriginal people are primitive is that they must
More Less

Related notes for SOSC 1375

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.