SOSC 1375 – Final Exam Review
Part 1: Definitions
The dangerous poor: those who are living in poverty/poor are thought of criminals and
Urban Space and Citizenship: law regulating the use of space signify function of space +
citizenship. Such as homeless people and benches.
Citizenship: belonging in a certain area, having rights, privileges and obligations because you
Vagrancy Law in Canada: the history of vagrancy law tells us volumes about the changing
conception of urban citizenship. The first vagrancy act banned being homeless.
Definition of vagrant: someone who is both homeless and jobless and earns a living by begging.
Public space: envisioned as one of fluidity. Street as a vehicle, people as passengers.
- Vagrants are obstacles
- Impediments defined by way of a moral conception of urban proprietary and be
extension urban citizenship
Neoliberalism: an economic ideology that favours in deregulation, and cutting back on public
services for social services. Privatization and removing the public and replacing it with an
individual. Governments can be corrupt but they govern almost all of society.
Urban governance: articulated in simplistic and polarized terms that invoke general and
problematic stereotypes – unavoidable clashes between “unproductive” skaters and
“productive” commercial interests and citizen-consumers – that leave little room for
- Squeegees: kids who are tolerated since they are working for their money rather than
begging. But in Montreal, they are often called punks because of their appearance.
- I unsettle specific rhetorical and governmental practices that work to marginalize
skaters while simultaneously drawing them into particular domains of citizenship via
new practices of urban governance and the “spatialisation of virtue” (Ibid).
Surveillance: a legal investigation which consists of close observation, especially those who are
suspected to be a criminal and to gather evidence and/or information of a crime or improper
Panopticon: developed in the late 18 century. The design (think of panorama), was made so
prisoners are being watched by a single person, and the inmates would not be able to tell
whether they are being watched. So, the inmates would always have to be cautious and always act as if they are being watched (even though it is impossible for the single person to be
watching all the inmates).
Synoptics: surveillancing a few people by the many
Culpability: blame, responsibility for a wrongdoing – fault.
Sentencing circles: they operate within the Canadian justice system. Mostly for offences for
which punishment would be under 2 years in prison.
Legal consciousness: this is a 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 have
experience with the law, and that shapes our legal consciousness.
- For example, take Professor Kobzar’s mom, who lived in the Ukraine, is afraid of the
police here because it wasn’t uncommon for the police to be brutal in the Ukraine.
Whereas her friends from Britain consider the police as a joke, because that’s the way
the police is portrayed in their culture.
Hegemony: refers to the dominant idea of what society believes is okay. Anything that happens
outside of the system is threatening to what society says is okay. For example, graffiti,
resistance would be considered as counter-hegemonic.
Liberal notion of justice:
Aboriginal law: Aboriginals believe in sentencing circles as their source of law. Once someone is
found guilty is sent here, small crimes are sent here – usually for crimes where punishment is
under two years.
Fault and liability: where the plaintiff needs to prove that the defendant’s act was either
negligent or intentional.
Duty of care: a legal obligation where an individual is supposed to enact reasonable care in a
situation or acts that may foreseeably harm others.
Legitimation of danger:
Mens rea: the knowledge or intention of wrongdoing that consists of a crime.
Negligence: failure to use reasonable care which results in injury or harm to another individual,
do not need to prove mens rea.
Right to presumed innocent: in s.11 of the Charter, to be presumed innocent until proven
guilty. s.11 of the Charter: regulates trial proceedings, presumed innocent until proven guilty,
reasonable time, not to be tried again for same crime when proven innocent.
Urban subjectivity: citizenship in the city.
Concept of foreseeability: if the person causing the injury should have reasonably foreseen the
consequences of his actions. Difficult for courts to apply without some sort of standard.
Administrative law: governs the activities of administrative agencies of governments.
Tort law: deals with private wrongs committed against one another, e.g. injury caused by
Part 2: Describing and relating to each other and the above concepts
The “Oakes” test:
1. Pressing and substantial objective (important to society).
a. Rational connection between the limitation and the objective of the law in
b. Minimal impairment: right impaired as little as possible to accomplish purpose.
Some allowance made.
c. Proportionate effect: balance the negative effect of limiting the right with the
positive effects for society.