Class Notes (835,338)
Canada (509,112)
York University (35,229)
Social Science (3,019)
SOSC 2350 (212)
Dena Demos (81)
Lecture

SOSC 2350 Lecture Note 2.docx

7 Pages
176 Views
Unlock Document

Department
Social Science
Course
SOSC 2350
Professor
Dena Demos
Semester
Fall

Description
SOSC 2350 Lecture Note 2 Law Organization & Lawmaking - How does policy become law - Perspectives on law making - Organization of courts How does policy become law? - How is it that law is made? Reflect? Sociological effect? - Legal regulation and construction of society. - Serving group of people - The law itself is not a quickly moving, adapting thing. Precedent making cases are always in the agenda. The law is malleable. Not so. Three distinct stages from government policy goes to law: - It can be something that is formally reason, and then becomes a reflection - There’s the cabinet stage (the government) - Parliamentary stage (reviewed) - The coming into form stage (where it becomes a law Cabinet stage: - Policy may originate in o Throne speech, the budget o Intelligence or federal/provincial agreements o Ministerial proposals & other sources - Sponsoring department prepares a Memorandum to Cabinet - Memorandum seeks policy approval and authorization for the Department of Justice to begin drafting legislation. - Before completing the Memorandum, the sponsoring department holds an interdepartmental consultation (discussion) - Memorandum is revised accordingly - Submitted to appropriate cabinet policy committee, which reviews the Memorandum and prepares a report. - Once the Cabinet approves the memorandum, the legislative drafters of the Department of Justice put it in both languages - The draft bill is reviewed and approved by the sponsoring people, there is no new groundbreaking information - Government house Leader seeks authority from Cabinet to approve the bill for introduction in Parliament (where it gets debated) - Bill usually introduced in House of commons, rather than the senate - Appears on the Notice Paper and then Order Paper, where it will wait for introduction by appropriate minister. (It sits in a line) - It’s not a matter of changing the laws of the day as a whole; it’s a slow process that goes through questioning and waiting, and it waits for being performed. - No notice is required for a bill proposed through senate. Parliamentary Stage: - Introduced and First reading o It’s assigned a number - Second Reading: Debated - Committee Consideration - Report stage: o The bill, as passed by the committee is considered the House of commons - Third Reading o Bill is debated for a final time. - Passage and Royal Assent o If the bill originated in the House of Commons, and is passed at the third reading, it is sent to the Senate o If the bill originated in Senate, and has been passed by both chambers, it is presented for Royal Assent Coming into Force Stage - A bill becomes an Act when it receives Royal assent, but legislation is not automatically in effect - Laws come into force in several ways o When the receive Royal Assent o On a day, or days specified in the Act o On a day or days set by the Governor in Council (the Governor General, on the advice of the federal Cabinet) Perspectives on Lawmaking - Why do we have law? - Why do we need law? o Do we need law? - Model of lawmaking: o Rationalistic o Functionalistic o Conflict Perspective o Moral Entrepreneur Theory - Desire to create a sense of order/safety/justice (we believe in) - The legal framework is intended to be a reflection of what we as society see as just (fair), if the law is accurate reflection, we will have more likelihood to abide by the law. - Rationalistic Approach o Means for protecting the members of society from social harm  Particularly criminal law  A simplistic theory o But who gets to define what is “harmful”? o Is it a rational approach or highly invested approach (reflective of social class)? - Functionalist o How do laws emerge? o Laws are a “reinstitutionalized custom”  Law as restatement of customs enforced by legal institutions  A crystallization of custom, of the existing normative order  Laws are passed because they represent the voice of the people  A consensus perspective  Customs = norms or rules about the ways in which people must behave if social institutions are to perform their functions & society is to endure o We try to keep our laws secular (it treats everyone fairly, it’s not religious) - Conflict Perspective o The origin of law is traced to the emergence of an elite class o Laws, as a social control mechanism, perpetuate the advantageous positions of elites o Maintains unequal social & economic division  See Chambliss article on vagrancy laws in English o It makes hierarchy rational - Moral Entrepreneur Theory o Usually not “moral” at all, but highly ideological (motivated by set of beliefs, or intentions) o Laws as a means to create or maintain a particular moral constitution of a society o Laws as a means of stamping ideology with Legitimacy & respectability  Anti-miscegenation laws in US & in Canada, see “White woman’s labour law” and the Indian Act  To maintain “racial purity” and to secure economic rights and interests with the ruling group (you were un-American)  Mixed race marriages (not recommended by a general group  It wasn’t racist; it was a desire to keep racial purity. The nefarious effect is to an effect, being racist to justify ideologies and racist intents.  You can’t debate this without being amoral or immoral - Probability of Legislative Response o Increases when:
More Less

Related notes for SOSC 2350

Log In


OR

Join OneClass

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

Sign up

Join to view


OR

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.


Submit