Intro to Socio Legal Studies – Midterm Review.docx

Intro to Socio Legal Studies – Midterm Review Terms Substantive Law - consists of all laws that set out the rights and obligations of persons. laws which define the various degrees of murder are substantive laws, Procedural Law - outlines the steps and procedures involved in protecting and enforcing the rights given under Substantive Law, i.e. the rules of court, etc. Public Law – regulates the relationships between the state and individuals, or between states. Civil Law - regulates the personal relationships between two private parties. Criminal Law – state defined prohibitions with penalties Constitutional Law - Laws establishing the make-up of government and the division of powers between federal and provincial governments. Administrative Law - governs the activities of administrative agencies of government. Family Law - deals with the relationships between individuals living together. Contract Law – covers disputes over legally binding agreements. Tort Law - deals with private wrongs committed against one another, e.g. injury caused by negligence. Property Law - deals with issues between individuals over land/renting Labour Law - deals with all relationships between employers and employees. Narraotology - denotes both a theory and method of studying the content and structure of narratives or stories and the way these affect our perceptions and behaviors. Legal consciousness - is how individuals understand and experience law. Legal consciousness will influence how people act or don’t act in the face of law and how individuals think about the reality of law. ­ Formal vs. substantive equality (the idea of formal equality is best. Equal application of law. Substantive law accounts for individual’s differences take it into account when you come in front of the law. Substantive law is more concerned with equal results.) Doxa - is a set of unexamined beliefs that structure our understanding of everyday happenings consistency : the parliament passed bill c-41 to codify sentencing principles CANADIAN LAW .--------------------'---------------------. | | Substantive Law Procedural Law (Statute Law and (Rules) Case Law) | .-----------------------------------------. | | Public Law Private or Civil Law | | .----------------------------. | | | | | Criminal Constitutional Administrative | Law Law Law | | .---------------------------------------. | | | | | Family Contract Tort Property Labour Law Law Law Law Law Rule of Law - all people are equal under the rule of law Moral Panic - a disruption that threatens the social order of a society Law as Regulator of Morals - sometimes the law changes by making them common - changes who we are as a society - whats acceptable and what isn’t Medicalization of Social Problems: it’s a medical problem requiring a medical solution The Modern Era: - much of what we see as the abnormal now becomes medicalized - its no longer an aberration departing from the right path - it’s a medical problem requiring a medical solution Sec. 16 of the Criminal Code: 1. Defense of mental disorder – No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. 2. Presumption – Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities. 3. Burden of Proof – The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue. Practice of Law – Law as Naratology: Just as everyday experience of law is different from formal textbook law, so too is the practice of law more than textbook law - in the practice of law what goes on in the courtroom is the telling of stories and it matters what kind of stories you tell - different narratives can evoke different prejudices - ie OJ simpson Sentencing: - consistency : the parliament passed bill c-41 to codify sentencing principles - proportionality: gravity of offence and degree of responsibility - trials as stories Law as a Technical Game: - complex rules: players, function, procedures, questions and outcomes - lawyers: specialists trained in identifying and applying rules - lawyers: transform litigants complaints into legal disputes - judges decide on both disputes - they listen to both judges arguments - Canadian judicial council - Is the only governing body that can actually remove a justice from their bench Legal Pluralism: two or more legal systems coexisting together in one geographic area (exam) Law creates norms Institutions of the state enforce these norms (convicting, establishing fines) Culpability and Responsibility: How do you deal with lawbreakers? Shame as sanction Theft Family feuds Murder in Western tradition – an offence against the state Murder inAboriginal tradition – an offence against the family/clan of the victim Criminal activity is a collective responsibility of a tribe Aboriginal ‘truth’- the whole truth is a collection of everyone’s responsibility Sentencing Circles - Operate within Canadian justice system - Mostly for offences for which punishment would be under 2 years in prison *Effects of royal proclamation • - r.p. became an irritant between land hungry british colonist and Britain – eventual revolt • so why did the british government proceed along this particular legal path with aboriginals? • Once the 13 colonies broke away from Britain + united states in a peace treaty they acquired the territory that has been designated as an indian territory Two paradigms: criminal law (law enforcement) and war Treaty of Westphalia (1648) - every state is equal in international law - principle of state sovereignty ; political self determination - principle of legal equality between states - principle of non - intervention Drone War: - first used in bosnia and Kosovo 1990’s - dec, 2009: Obama authorized the expansion of the cia drone program - growth: 1990’s 50 drones; today over 70 thousand Laws of War (LOC) and Laws of Armed Conflict (LOAC): - Geneva convention of 1949 - Low: part of international body of law dealing with war rules - Loac: part of international body of law regulating armed hostilities - 3 principles of loac: 1) military necessity(you cant declare war unless ; 2) distinction ( lawful/unlawful targets and/or combatants and 3) proportionality – minimization of collateral damage International Criminal Court: - ICC: July, 2002 – the Hague, Netherlands - The International Criminal Court (“the ICC” or “the Court”) is a permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression. Targeted Killing: - is when a state kills another individual - directed against a person - difficult to determine the level of threat - self defense? Do states have the right to protect themselves? - Where to draw the lines: no uniforms no base, differen from traditional theatre of war - Civilian/combatant vs - Civilian/lawful combatant/unlawful combatant L