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SOSC 1375 (193)
Lecture

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Department
Social Science
Course
SOSC 1375
Professor
Kerry Taylor
Semester
Summer

Description
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
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