Class Notes (839,094)
Canada (511,185)
York University (35,583)
Social Science (3,019)
SOSC 2350 (212)

Law Organization Lecture Notes.docx

5 Pages

Social Science
Course Code
SOSC 2350
Sadia Mariam Malik

This preview shows pages 1 and half of page 2. Sign up to view the full 5 pages of the document.
September 17, 2013 Law Organization These notes only contain the points she made that aren’t on the slide  so be sure not to study off this alone! Parliamentary stage  Introduced by MP, justification given  Second reading – is it significant enough to change and have a new policy  Report stage – process is clarified and revised  Third reading - vote comes down – those in favor of notion vs. those against  If bill originated in the house and passed through third reading – sent to senate;  What is royal ascent? Bill becomes an act but not in effect (it is not law at that moment after votes are tallied) Perspective on law making  Why do we have law – some propose that we do not need written law or centralized government – is it more internalized? Rationalist  Inherent right and wrong  Says that law is absolute true and just because a rationalistic creature has created them  Rationally protecting society from harm  Criminal law – certain taboo that something is inherently wrong  When things are simple like this, they can be too reductive in a complex situation  We want law to be inherently just, however situations are too complex  May result in unrealistic solutions  If a power structure is creating the law – are they imposing their own beliefs?  Are the decisions made highly invested in upholding certain values or are the laws they pass inherently rational Functionalist  No judgment in this model; we follow the law because it is the law  Re-institutionalized custom – it has always been this way, therefore we continue to do it this way  Society has functioned based on previous models  Functionalist may understand that law can be biased and unfair – but we recognize that things will inevitably be this way in society  Laws are passed because they represent the voice of the people o Ideally a representation of cross section of society, but typically not representative of minorities o Rather, a representation of the power structures within a society  Laws are constructed to mimic how society functions  Still have leeway to address injustices – justice and law making are parallel Conflict perspective  Laws constructed by those in position of power – used as a mechanism of control  Reflects values of classes, creates restrictions to ensure that those at a certain situation (i.e. financial) will remain there and not impede on the success of others  Maintains an equal social economic condition  Vagrancy laws – people should be allowed to travel for work vs. laws that punish people (fines) for travelling for work Moral Entrepreneur theory  Raises concern if law is actually moral or ideological  Ideology - belief system becomes the lens in which you see the world  Ideologies imposed by religious institutions  I.e. liberalism – concerned with social welfare-, conservatives  Capitalist views vs. socialist views  Law is assumed to be concerned with justice, truth – moral entrepreneur theory stamps laws with ideologies whilst also being assumed to reflect the social norms and values of citizens  Law would not be accepted if it was not fair, did not reflect citizens views  Are ideologies disguised?  Anti-miscegenation laws – preventing mixed marriages – law tries to give this law respectability, but from a contemporary standpoint is dangerous and does not deserve to be a law Legislative Response  Powerful lobbying groups with lots of money have more access to power and likelihood of passing a bill  Mass protests raise concerns that politicians cannot ignore Law making  Legislation law is a respo
More Less
Unlock Document

Only pages 1 and half of page 2 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

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.