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SOSC 1375 - Final Exam Study Guide.docx

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York University
Social Science
SOSC 1375
Olena Kobzar

1 SOSC 1375: Final Exam Study Guide ***Be sure to bring your York student ID*** You will not be allowed to write the final exam unless you have a valid (driver’s license, OHIP or passport) photo ID. I Be prepared to provide short definitions and state the significance of the following terms (terms drawn from lectures and readings): The Dangerous Poor - the poor are a dangerous lot who will stoop to criminality if given the opportunity - poor and homeless are supposed to be marginalized - “poverty is the mother of all crime” Urban Space and Citizenship - 'laws regulating the use of space signify function of space and citizenship - citizenship in the city - urban subjectivity (who is this space meant for)
 - ie. a bench and homeless people - only citizens who display citizenship are able to use public space Citizenship - amount of contribution and consumption they posses - neoliberalism: aggressive law and order policies that act as the muscle behind the market of discipline – people are forced to contribute to society or they are outcast Vagrancy Law in Canada 1. Crime to be homeless 
 2. Actually have to do something 3. Safe Streets Act - enabled better movement for everyone - liberalization to vagrant acts
 activist, being homeless and jobless was a crime - being a certain type of person was a crime
 - second the actions were a crime
 - third, safe streets act
 - removal of the severe sanctions - redefinition of the person of the vagrant
 - vagrant was now a person who: not having any apparent means of support is found wandering abroad or trespassing and does not, when required, justify his presence in the place where his is found and begs from the door to door in a public place Tort Law - means 'wrong'
 - wrong committed by one person against another or against the person's property of reputation either intentionally or unintentionally
 - also covers cases where a person causing an injury has no lawful right to do so
 - no precise definition - a civil wrong
 - courts balance the two - individual freedoms and injury
 - most of our criminal law was once tort law
 - dates back to a time when courts first saw need to remedy a wrong 2 Administrative Law - governs the activities of administrative agencies between the different branches of government - ie. Allocating particular responsibilities to federal, provincial or municipal court Public Space - envisioned as one of fluidity
 (people and things can move around without much interruption) - street as a vehicle, people as passengers
 and vagrants as obstacles
 - impediments defined by way of a moral conception of urban propriety, and by extension, urban citizenship
 - urban subjectivity is deeply connected with the moral conception of urban propriety and the function of space ** how to turn a beggar into a bus stop Safe Streets Act - amendment to highway traffic act
 - defined not to explicitly regulate people but to regulate the street
 - frames the questions as one of the relationship between the pedestrian and the panhandler
 - challenge is to balance different rights claims so as to enable smooth flow of pedestrians on the street
 - meant to apply to only one type of person - homeless, vagrants Turning a Beggar Into a Bus Stop - in order to handle the relationship between the pedestrian and the panhandler, they had to regulate the streets – not the people - they would be able to create specific conditions through urban subjectivity and they could control where beggars were located, and replace them with „useful‟ space for pedestrians such as bus stops, preventing beggars from using that space Treaty of Westphalia 1. Political self determinism
 - state sovereignty, every state can decide its own legal system 2. Equality between sovereign states – there‟s no hierarchy of state from one state to another 3. Principle of non- intervention
 - you cannot invade another state or claim that their laws are wrong ie. terrorism case Canadian Citizenship Acts Broken Windows Theory - theory introduced in 1982 by James Q. Wilson and George L. Kelling
 - prevents further petty crimes and deters individuals from committing more serious crimes - zero tolerance reforms - New York City
 - car example Sentencing Circles - operate within the Canadian criminal justice system and therefore within parameters set out by the Canadian criminal code and case law/appeals, often taking the place of criminal curt sentence hearings, one guilt has been established
 - alternative way for judges to sentence aboriginals - ie. R v. Moses - the process changes the outcome - sentencing circle, he didn't reoffend after this
 - offenses, which have minimum punishments above two years imprisonment, are rarely heard. Often only offenders who are eligible for a suspended or intermittent sentence 3 Narratology - what goes on in the courtroom is the telling of stories – it matters how a story is told (different narratives may evoke certain prejudices or outcomes) - using emotional language and involves the performance of the lawyers Legal Consciousness - sum of views and ideas expressing the attitude of people towards law, legality and justice and their concept of what is lawful and unlawful - ie. Woman form Ukraine who comes to Canada is more fearful of police than a British woman who comes to Canada because of her experiences with police in Ukraine Customary law punishment—payback - traditional tribal punishment imposed if one does not follow the tribal law. Common punishment is spearing – where the victim gets speared into the leg - we see culpability and responsibility differently than aboriginals - we may think that people should show responsibility for certain things and not show responsibility for other things Legitimation of Danger - danger is not something inherent - they are constructed - how do we conceive of danger?
 - legitimation of practices - murals, stains - surveillance – panopticon - way in which society perceives who is dangerous in terms of prejudicial thinking, natural and personal fears and those who pose a threat to us Consumer Citizenship - subsection of citizenship - creates laws that are the muscle behind market policies (aimed at specific sections of the poor that include the young, able-bodied citizens who are not engaged in or are avoiding work) - citizenship is connected to national economic growth and good citizens are productive citizens CCTV - closed circuit television - used as a regulation that occurs primarily through privacy laws - “eyes in the sky theory” – people in urban spaces are constantly monitored and observed for their behaviour, creating a subject who is deprived of personal choice because he is watched - debate is whether monitoring society comes more importantly due to the safety it allows for o if it disrupts our individual privacy rights by constantly monitoring all of our behaviour Surveillance Society - social belief that we live in a society that is under constant surveillance for security - surveillance causes citizens to behave under the constant fear that they are being watched and may be persecuted for doing anything illegal or bad - creates social norms that are absorbed by society through watching other citizens obey the norms – capable of controlling the minds of its citizens and influence the way they act in declaring appropriate or inappropriate actions 4 Panopticon - way of regulating people - the gaze, surveillance *** - Bentham‟s idea of the perfect prison - people would always behave because they never knew whether or not they were watched - meant to control the mind instead of physically restraining people Targeted killing - when a country/or state targets someone to kill (that case about the boy in the soccer uniform being on the secret hit list, and after his father pleaded not to drop a drone on that boy, they did anyways - it was an example of a target killing) Terrorism as a crime or act of war - deadly force against combatants is legitimate - irrespective of immediate threat level
 - legitimate targets - combatants belong to an identifiable group - uniform, military bases - guilt is irrelevant - no attempt to capture is needed Duty of Care - referred to as the right duty relationship in tort law
 - duty not to injure must be owed to the party who suffers the injury
 - injured party must have a legal right that has been violated by the act or the omission - negligence is present because there is a matter of owing the injured party a type of care Concept of Foreseeability - foreseeability as an element of tort liability was a difficult concept for courts to apply
 - standard that has to be determined before damages for an unintentional act could be determined - reasonable persons test is used to determine how likely it was that the person could foresee the negligence or crime occurring The Reasonable Person Test - courts seized upon a mythical person - reasonable person as a standard
 - courts measured the actions of the negligent person against what might be the actions of the reasonable person in the same situation
 - the reasonable person was presumed to possess normal intelligence and wild exercise reasonable case in their actions towards others
 - biases come into play - always depends on who is making a decision
 - social construction - we do need it and it is presented as a real standard Charter of Rights and Freedoms - guarantees all Canadians right to liberty, equality, and freedom of religion, expression, association and peaceful assembly - section 1: reasonable limits as prescribed by law that can be demonstrably justified in a free and democratic society - section 33: notwithstanding clause – has the power to remove section 2 and sections 7-15 in specific cases 5 Data Doubles - twin online, the representative of you, where you buy clothes, where you work, much more accurate information about who you are as a person - an identity that tells people a lot more about who you are in real life - online pictures depicting sexuality, intoxication, predisposition to violence; facebook and twitter likes, messages, posts; opinions - has been used in court when finding evidence to convict people Weblining - constant track-keeping device that search engines keep for archiving that displays everything you search - the information gets sent to advertisers - ie. puts over 200 tracking devices on
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