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Lecture 3

SOSC 2350 Lecture Notes - Lecture 3: Justiciability, Product Liability, Sexual Assault


Department
Social Science
Course Code
SOSC 2350
Professor
Annie Bunting
Lecture
3

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09.26.14
LECTURE
Disputing and Lawyering
In the news socio legal issues
Sexual assault trial (judge not jury)
De’ts i the Tia Fotaie ase
- Body was found wrapped in plastic in Winnipeg
- Said the case should be considered a single problem not a social conflict
City of Vancouver going to court to dismantle tent city (housing protest)
History of Disputing
How do disputes begin?
- Not all injuries are necessarily legal disputed
What do they look or sound like in the beginning?
How does an injury or wrong develop into a full blown dispute or a legal case?
Are we a more or less litigious society?
Is civil litigation a more or less variable option>
Is it a form of entertainment?
Do lawsuits assist progressive social reform?
Product liability demands for public safety
Factors affecting Litigiousness
Economic Factors
- Not enough money to bring forward litigation
Number of Lawyers
Expansion of Law new opportunities for action
Expansion of rights discourse (prisoners)
- Prisoners having a right to vote
Social Development: more complex a society increased reliance on courts
Cost Benefit of Analysis: favours risk financially and morally
Reach of Law: expansion of legally actionable rights and remedies
Caada is a er rule oud: soiet
No fewer than 40 000 federal and provincial statues and a vast array of municipal bylaws are in
force
Phases of Dispute
Naming
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- Identifying the issues
- Trying to put it into a legal thing
- Name what has been done to the victim as a wrong
- Ex. May have health problems related to workplace but it is not necessarily connected to
the workplace (cancer, inphazima)
Blaming
- Identify the parties involved (who is to blame for harm/injuries experienced?)
Claiming
- Take the injury and the person you blame for that is _______
- Voice the reason that person is responsible and Demanding remedy
Problem not Solved
If party held responsible resists the claim
The denial of the claim marks a final transformation of thre beginning of controversy
With no simple resolution
Shortcomings of NAME, BLAME, CLAIM MODEL
Just a model of disputing
Not very descriptive
Not particular
Does not account for what happens in each of the stages or what triggers transformations
Cole ad O’Bar odel 1
More complex model
Examines trouble talk in everyday life
Language based
Adds understanding of what people SAY AND DO when people name, blame and claim
Just Words (1998)
- Injury
- Articulating
Beyond Claiming
Acceptance leads to agreement
Denial leads to argument
Lump it or Law
Why Lump it?
Examples of choices to lump it in your experience
Ex. In the employment context if you do know the harm is caused by work (ex smoking in bars,
second hand smoke can cause health problems.. they know this but they LUMP IT)
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find more resources at oneclass.com
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