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University of Guelph
SOC 3490
Scott Brandon

Law and Society Test 1Sample QuestionsThe Official Version of Law sees Canadian law as impartial just and objective Based on the readings by Monture Jakubowski and Kramar and Sealy discuss how the above view is flawed Use examples from readings and class films to support your answero First of all the way Canadian law is practiced and put into place is not the only way law can operate Not everyone feels it is the best system aboriginals for example have historically used restorative justice approacheso Natives are hardly involved in shaping the Canadian legal system o The Indian Act still contains inequalities and does not allow aboriginals to fully participate in Canadian societyo Immigration y In the past Canada restricted those allowed in to Canada based on white Canada policiesy To this day immigration still takes on a subtle form of systematic racismy Although the law now enables more Racialized people to come into Canadathere was a preference system used in the pasto The OVL says that everyone is to be treated the same without bias Everyone going through the criminal justice system should go through the same processy This does not take into account historical injustices oppression and different individual experiencesy Equal treatment of all is not sufficient because treating people the same results in inequalityy OVLs idea of blind justice actually reproduces inequalities because it fails to account for the different experiences of different people who have been subject to difference forms of oppressiono From the film Hollow Water it is clear that once the community was able to implement their own version of law healing was able to begin and offenders were able to take responsibility and understand the pain they had causedo From the film High Risk Offenders it is also clear that the criminal justice system while treating every individual the same does not necessarily mean individuals will react to their situations and punishments in the same manner This can be seen by parole violations and repeat offendingo The film Racial Profiling and Law Enforcement also demonstrated that the law is not in fact applied equality and without bias Racial profiling refutes the idea that the justice system is blind as the stories and accounts of many individuals point otherwise as the have been victims of discrimination based on their race or ethnicityMany theories have attempted to explain the relationship between law and society Contrast and compare the Functionalist and Marxist approaches to law What is the degree of compatibility of these theories with the Official Version of Law Support your claims for each theory using examples from lectures readings and the film High Risk Offender 1
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