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Lecture 2

Law and Society Lecture- Week 2.docx

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Social Science
SOSC 2350
Tanja Juric

Tuesday September 17, 2013 Law and Society Lecture- Week 2 How Does Policy Become Law? Cabinet Stage - Federal/Provinial—treaties between place - Memorandum specifies what the vague issues - The Department hosts a consultation to get feedback and perspective to add to its argument - The entre Cabinent must accept, or it has to be revised Parliamentary Stage - they need to give justification in the first reading - in th second reading they debate it and dcide if it is siginifitcat - in the report stage all final thoughts and clarifications are made before the third reading - the people in the final devbate are mostly white males and females—who is it passing out ammendmants? - If the bill originates in the house, like most, and is past at the third reading it is sent to senate to the senate for Perspectives - Libertarian: we do not need laws as they do not need one, we can come up with them as a community Rationalistic Perspective - there is a clear right and wrong and rational beings understand this - the law is just because a rational person would see this: there is no grey area - law is intrinstic to our rationality - this comes to be true in criminal law—it is inherently wrong to murder - we want the law to be logical like this, but it is not this simple as we are more complex than this black and white thought - who defines what is harmful?—this allows for racial, gender and unequal power issues—how rational is it if it creates inequality? - is it a rational approach, or invested in upholding a power structure lifestyle Functionalist Perspective - this is the way it works, but may not be the best - we have always acted this way, so lets make it an Act—tradition, this is how it works and how we would like it to - the law shows the voice of the people, but not the true marjority—ideally the House of Commons is a microcosm but, not a true one as minorities are not heard Conflict Perspective - takes the functionalist approach and makes a judgements, and explains how the elite use law to control and impose their values - we see how the law encourages a system of classes - th
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