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SOSC 2350 (212)

Laws Organization and Law Making

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Social Science
SOSC 2350
Tanja Juric

Lecture 2 READ THE POWERPOINT Tuesday September 17, 2013 How does Policy Become Law - 3 distinct stages - the Cabinet Stage (Power Point) -policy may originate in - throne speech, the Budget - Int’l of federal/ provincial agreements - Ministerial Proposals agreements - the Parliamentary stage - Introduction and First reading - Second Reading : Debated and tested as to whether it is significant - Committee consideration - Report Stage - Third Reading : Bill is debated the for the final time (long youtube clip with names) - Passage and Royal Assent - Coming Into Force Stage - a bill becomes an act when it receives Royal Assent - Laws coming into force in several ways - when they receive royal assent - on a day specified in the Act Perspectives on Law Making - Why do we have law? - Models of Lawmaking - Rationalist - Law is a rational means for protecting members of society from social harm - the law is absolute and just because a rational being created them - a simplistic theory - we want the law to be rational, logical and inherently just to all citizen - but human beings are complex creation so this is not realistic. - who gets to define what is “harmful” ? - Functionalist - Laws are “institutionalized custom” - we have always done it this way, therefore lets continue to do it this way - this is how society has functioned, therefore we should keep it the same - “Law should function this way” - law are passed because they represent the vioce of the people - the voice of the people are not necessarily the majority, it may simply be the majority of people in the House of Commons. - Customs : Norms or rules about the ways in which people must behave is social institutions are to perform their functions and society it to endure - Conflict Perspective - origins of law are traced to the emergence of an elite class - laws, as a social control mechanism, perpetuate the advantageous positions of the elites. - reflect the values of the elite class - law maintains unequal social and economic divisions - Moral Entrepreneur Theory - Law is a means to create or maintain a particular “moral” constitution of a society. - is law moral or ideological? - Ideology : belief system on how we see the world ex. religious institutions. - Law as a means of stamping ideology with “legitimacy” and “respectability” - anti-miscegenation : law against mixed race marriage and producing children - the argument to maintain these laws was to maintain racial purity Legislative Response - you’ll get a legislative response when …. (probability increases) - powerful interest groups mobilize for legislative action - Public intensely concerned with an issue - There is no pressure to maintain the status quo or opposition to proposed legislation Lawmaking - Where does the law come from? - Legislation - law made by legislative bodies, most obviously the Parliament of Canada and the Provincial Legislatures - this is statute law : - Public and Private Pressure - Post
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