SOSC 2350 Lecture Notes - Lecture 2: Queer Theory, Indian Act, Incapacitation (Penology)
23 Oct 2017
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Document Summary
Canadian abiding preoccupations: aboriginal law and indigenous peoples" engagement with law and legal processes, gender and sexuality, legal pluralism, legal history, rights discourse, charter litigation, policing and security, social exclusion on the basis of radicalization, ethnicity, citizenship. Bills before parliament: a consolidated act/regulation: has been revised from the original text. Perspectives on lawmaking: why do we have law, why do we need law, do we need law, your perspective determines the answers. A rational means for protecting the members of society from social harm (e. g. particularly criminal laws); a simplistic theory. Is it a rational approach or highly invested approach: functionalist. Law as a 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. Laws emerge out of customs, laws are norms if you want society to remain stable.
