Study Guides (238,613)
Canada (115,253)
York University (9,816)
SOSC 1375 (90)

SOSC 1375 Final Exam Study Guide

13 Pages
Unlock Document

York University
Social Science
SOSC 1375
Olena Kobzar

SOSC 1375 Final Exam Study Guide Part 1: Terms The Dangerous Poor: There’s a perception that since they’re poor, we must control them. The significance of this is that the poor and homeless are supposed to be marginalized. According to Marcus Aurelius poverty is the mother of crime, and this belief often causes an old prejudice where the poor are seen as dangerous individuals who will stoop to criminality if given the opportunity. Governments can contain, control and neutralize the poor through regulating public space. They find the poor, incarcerate them and put them to work. Urban Space and Citizenship: This is the belief that only citizens who display citizenship are able to use space: citizenship is determined by their productivity and consumption. Homeless people are worthless in this regard because they’re not productive. Only if citizens have jobs are they considered being legitimate citizens and are allowed to use the urban space. Therefore, a homeless person wouldn’t be allowed to sit on a park bench the entire day because they’re not being useful, therefore making them illegitimate citizens. These are also laws regulating the use of space signifying the function of space and citizenship. This is relative to urban subjectivity in the sense that it defines what we want space to be used for. Citizenship: The usefulness citizens display towards their society that is determined by the amount of contribution and consumption they posses. These laws are seen as neoliberalism in the aspect that there are aggressive law and order policies that act as the muscle behind market discipline. They force people to consume and contribute to society, otherwise they outcast them and label them as unwanted. These policies are aimed at specific sections of the poor that include the young, able-bodied citizens who are not engaged in or are avoiding work. Vagrancy Law in Canada: These laws came from England. Their goal is to control those who are disorderly or idle, vagabonds and incorrigible rogues. These usually consisted of the impotent poor, the lame and disabled, the sick, disbanded soldiers, and university scholars. For example, the vagrancy laws do not make it illegal to be homeless, however they do ban begging and being disorderly. Canada’s first vagrancy laws were introduced in the Canadian Criminal Code of 1892 in which a vagrant was a loose, idle or disorderly person who had no visible means to maintain themselves without employment, who were able to work, but neglected to so, and who loitered in the street without a certificate from a clergy and caused disturbance on the streets. The purposes of this act were to divide the deserving poor and undeserving poor as well as placing an onus on the subject. Through this onus people had to prove that they weren’t vagrants. After WWII there was a liberalization of vagrancy laws where there were removal of severe sanctions in the redefinition of a vagrant. It was no longer considered a crime to be a vagrant. This act changed people from being persecuted on the basis of their status (homeless, jobless, etc.) to their actual actions (panhandling, begging, etc.). Finally, there was the Safe Streets Act introduced which was designed not t explicitly regulate the people but instead to focus on regulating the streets. The challenge behind this act was to balance different rights claims so as to enable smooth flow of pedestrians on the streets. The reason this law changed is that we became a more social and legal society. Administrative Law: The law that governs activities between the different branches of government, and it is the over all administration of the government itself. For example, it’s the government deciding which responsibilities to allocate between federal, provincial, and municipal court. This type of law is significant because it Tort Law: This deals with the private wrongs committed against one another. For example, if a company sues another one for personal injury. If someone hurts him or she using a pencil they can sue the company. This is presented in civil court and doesn’t involve the state. This can also include a wrong committed by one person against another, or against the person’s property or reputation either intentionally or unintentionally. There is no precise definition of tort law aside from it being a civil wrong. Most of our current criminal laws started out as tort laws. In tort law, the courts are used for the purpose of balancing the individual freedoms of people versus the injury they were given. Public Space: It envisions public space as one of fluidity meaning people and things can move around it without much interruption. The streets are seen as vehicles and the people are seen as the passengers. In public space the vagrants (poor) would be seen as obstacles on the road. Public space sees vagrants as obstructions by way of a moral conception of urban propriety and urban citizenship. Because of this, urban subjectivity is deeply connected with the moral conception of urban propriety and the function of space. Turning a Beggar into a Bus Stop: An idea introduced by the Safe Streets Act in order to properly deal with vagrants. This idea suggested that in order to proper the relationship between the pedestrian and the panhandler they had to regulate the streets and not the people. This way they would be able to create specific conditions through urban subjectivity they could control where beggars were located, and replace them with “useful” spaces for the pedestrians such as bus stops, thus preventing from the beggars to locate there. Safe Streets Act: The latest set of laws dealing with vagrancy in Canada. It was developed as an amendment to the Highway Traffic Act. This act was designed to regulate streets instead of explicitly regulating people in contrast to the previous vagrancy acts. The SSA focuses on framing the question as one of the relationship between the pedestrian and the panhandler in terms of preventing the panhandler to gain access to the pedestrian. SSA’s challenge is to balance different rights claims so as to enable a smooth flow of pedestrians on the street, thus increasing their safety and preventing their contact with beggars. th Treaty of Westphalia: A treaty between countries developed in the 17 century which was based on three principles: the principle of state sovereignty that said every state has the right of political self determination in its own territory, the principle of legal equality that says there’s no hierarchy of state from one state to another, and finally the principle of non-intervention that says you cannot invade another state or claim that their laws are wrong and they cannot change them. Canadian Citizenship Acts: There are three different Citizenship acts. The first one was made in 1947 when all Canadians became purely Canadian whereas before they were seen as British subjects living in Canada. The second act was made in 1977 where citizenship was seen as a right and not a privilege. This meant that citizenship becoming a right would ensue more responsibilities on the citizens such as greater consumption and more contributions to society if they wanted their rights protected. Finally, the New Canadian Citizenship act came in 2002 where it reconstituted the loyalty oath to Canada and its democratic values. The purpose of this act was to use it against disloyal people in society and use that as an identifier of blame, going back to the loyalty of “a Canadian citizen” seen in the first act. Broken Windows Theory: This was a theory introduced by sociologists, in which they searched for a method that prevented further petty crimes and deterred individuals from committing more serious crimes. If you see disorder in a community then there is more likelihood that someone is going to commit a crime because there’s a perception that no one in that community cares about disorderly conduct. This is a slippery slope argument in nature that suggests if you prevented the original petty crime from happening it would prevent the slope. Therefore, fixing windows, cleaning graffiti, and getting rid of homeless people would lower crime rate. This theory suggests that the environment influences behavior. For example, if you have two cars, one in the ghetto and the other in a good neighbourhood, then beating up the car in the ghetto would get a much better reaction than in the good neighbourhood. This theory also suggests that if society cannot be changed then perhaps changing the social spaces and places could be changed. This theory also suggests that disorder and crime are inextricably linked where human behavior is strongly influenced by symbols of order and disorder. Sentencing Circles: It’s an alternative method for judges to sentence Aboriginal criminals, which has the intent of rehabilitating them. Sentencing circles means sending them back to their Native communities, and allowing the elders to “heal them”. Sentencing circles work under the intent that criminals would benefit by being treated in their communities rather than being locked up. Narratology: the telling of a story in court (by lawyers) that makes the jury and judges inclined to select a specific opinion about the defendants. Narratives include using emotionally laden language and involves an over all performance by the lawyers. Narratology can also involve the disclosing of specific facts or the over- emphasis of other ones. Narratology can also mean to specify on a certain characteristic of the defendant and bring it forward in either positive or negative light. Legal Consciousness: This is the belief that our sense of legality is embedded in our culture and that we learn law in a variety of different ways. Essentially this says that some people who have experienced law in certain ways shape their legal consciousness based on those experiences. An example would be two Canadian citizens, one of which came from Ukraine, and another from Britain. The one from Ukraine would be more fearful of the police than the one from Britain because of the concept of police in their homelands. Community Standards Test: This is the method in which courts (people) decide on cases. The test considers the person as they are and their role in the community, and in this case it looks at what should be considered appropriate or inappropriate for the community. This can be used to persecute people who commit an action that doesn’t identify with their social group. Therefore, this test places the limits on what should be allowed for the community and based on what they should do about it. This works in terms of the limit of tolerance. A good example of the Community Standards Test would be the R v. Butler case where Butler was selling pornography of violent nature. The test was used to determine whether or not the community would consider the nature of this porn to be too violent or whether it would accept it. Customary Law Punishment: The significance is not that we let rapists go, but it shows that we see culpability and responsibility differently and we might think that people should be responsible of certain things and shouldn’t be responsible for other things. Is it better to punish people by sending them to jail and letting them get worse, or to sentence them to therapy and sentencing circles? Legitimation of Danger: It is the way in which members of society perceive who is dangerous in terms of prejudicial thinking, natural and personal fears, and those who pose a threat to us. These usually are associated with specific public spaces in society such as murals, skating parts, back alleys, bars, and other places labeled as “dangerous” or “undesirable”. In order to deal with the legitimation of danger we employ surveillance as a form of control for people’s safety. Consumer Citizenship: This is a subsection of citizenship. It creates laws that are the muscle behind market policies. These policies are aimed at specific sections of the poor that include the young, able-bodied citizens who are not engaged in or are avoiding work. The examination of laws and regulations governing who belongs and doesn’t belong cannot be separated from the analysis of the economy and the aspect of capitalism. Therefore, citizenship is connected to national economic growth and good citizens are productive citizens. CCTV: It wasn’t a broadcast in regards to its film material and later on it was used to watch over the rowdy youth. Essentially, CCTV is used as a regulation that occurs primarily through privacy laws. This means that the debate is whether monitoring society comes more importantly due to the safety it implements or if it disrupts out individual privacy rights by constantly monitoring all of our behaviour. CCTV is mentioned as the Modern City: Return of Ancient Villages in regards how in modern cities information about everyone is on display through social media sites like Facebook and Twitter, and similarly to ancient villages, everyone knows everything about everyone. The CCTV also promotes the “Eyes in the sky theory” that suggests that people in urban spaces are constantly monitored and observed for their behaviour, creating a subject who is deprived of personal choice because he is constantly watched. Surveillance Society: The panopticonic idea of “the gaze”. It’s the social belief that we live in a society that is under constant surveillance for security. These surveillances cause citizens to behave under the constant fear that if they do something illegal they will be automatically seen and persecuted. The surveillance society creates social norms that are then absorbed by citizens through watching other citizens obey those norms. Through the social norms the surveillance society is capable of controlling the minds of its citizens and influence the way they act in declaring appropriate or inappropriate actions. Panopticon: Bentham’s idea of the perfect prison that would affect criminals psychologically by having the perceiving idea of always being watched. This was meant to punish the soul and the mind instead of the physical body. This prison was circular with a tower in the middle. The guards would be in a tower, and the prisoners would never know if they specifically were being watched or now. This was seen as “the gaze” where people always behave because they do not know whether or not they’re being watched, and if they are being watched then it is better to behave than be punished. This suggests that social norms influence the way we act. They dictate what’s appropriate or inappropriate and this can sometimes be seen as problematic. The Panopticon is mean to control the mind instead of physically restraining people. Duty of Care: This is referred to as the right-duty relationship in tort law. The duty not to injure must be owed to the party who suffers injury. The injured party must have a legal right that has been violated by the act or omission of the injurer. Therefore, if you are in a position as a doctor and you didn’t do anything to help a person because you didn’t like them and they ended up dying, you be held responsible because you could have done something but chose not to. Negligence is present in the duty of care because there is a matter of “owing” the injured party a particular type of care. Professional workers (doctors, managers, etc.) have a greater duty of care for their subordinates or patients because they are placed in responsible positions. The Reasonable Person test: This is a mythical person created by the courts in order to measure the actions of the negligent person against what might be the actions of the reasonable person in the same situation. The reasonable person is presumed to possess normal intelligence and would exercise reasonable care in their actions towards others. Since everyone is an expert in their own field the courts can then determine if someone was being negligent based on those skills. However, the issue with a reasonable person test is that people are different from each other in terms of race and age making it harder to determine what a correct model for all would be. Data Doubles: An identity that tells people a lot more about who we are in real life. Items that contribute to a data double’s creation are online pictures depicting sexuality, intoxication, predisposition to violence, and more, as well as Facebook and Twitter likes, messages, posts and opinions. The Data doubles can be used as information court when finding evidence to incarcerate people in criminal court. For example, there was a case in which a young black male robbed a man’s house and before leaving took a picture using the man’s laptop of himself with a stack of money. That picture was used to arrest and incarcerate him. These can also be used in civil court when suing people based on personal injury. For example, when suing someone for damage and depravation to your life you must grant the court access to your online information to prove that you haven’t been enjoying life. Freedom of Association: This is a right guaranteed by section 2 of the Canadian Charter of Rights and freedoms, which says people have the right to be associated with groups of your interest. In terms of social media the freedom of association says that you have the right not to reveal your association with specific groups. For example, in 1958 there was a case in the NAACP where the KKK wanted a list of people associated with the NAACP. This wouldn’t be allowed because that would identify you as a specific group member and not an individual. This is significant because it shows that the law has to treat you as an individual. Premeditation (social media): This comes from the idea that social media such as Facebook or twitter posts and messages can be used in court as the Mens Rea or premeditation of harm, murder or other committing of crime. For example, a Maurice Greer wrote on his MySpace “pow! One to the head, now you’re dead” and a picture of him with a gun after one of his friends was killed. This resulted in him being charged with 1 degree murder and being sent away for life. Privacy and Social Media: This is the theory that considers the Network Privacy theory that states that it isn’t a private business because a vast number of people have access to it. This means that privacy rights will not protect anything you do or say online. You are only protected in your home and if you chose to engage in the social media anything you say or do will not be protected. The reason that this is so, is that in its nature anything you do online Is public for everyone to see. Mens Rea and Negligence: People who are found liable in negligence are more often found for their acts rather than omissions. It is rare for a person to have a legal duty to act positively; rather the duty is defined as a duty to refrain from acting negatively. This means that you must avoid acting negligent if that action will result in harm being done onto yourself or others. The issue with negligence is that you do not need a mens rea (guilty mind) in order to be charged with negligence. You do not need any intentions or state of mind to commit a wrong, and you do not have to know what you are doing. Being negligent is therefore is a crime. Urban Subjectivity: This is the urban space and citizenship theory that suggests societies make structures in specific locations in order to result in specifically desired attributes. Essentially, it refers to the engineering of social locations that will result in the allowance or disability for members of society to take certain (undesired) actions. For example, in order to prevent males from masturbating in the bathroom stalls engineers make cracks and holes in the stalls to make it awkward. Another example would be engineers making rails on the bus stop benches in order to prevent homeless people from sleeping on them. Indeterminacy of Rights: This refers to the problematic nature of our rights in the Charter. Since courts interpret rights and can thus justifiably decide what is considered to be an infringement of rights and what isn’t it creates a feeling that courts have judicial supremacy. Also, since we appoint our judges in Canada it gives off a feeling that the Supreme Court isn’t democratic, thus threatening the democracy of our rights. Another problem is that rights a
More Less

Related notes for SOSC 1375

Log In


Don't have an account?

Join OneClass

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

Sign up

Join to view


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.