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SOSC 1375 Final Exam Study Guide.docx

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Department
Social Science
Course
SOSC 1375
Professor
Donald A Burke
Semester
Winter

Description
1 SOSC 1375: Final Exam Study Guide EXAM: Thursday, Dec. 13th: 2pm – 4pm Location: TC Rexall Centre I Be prepared to provide short definitions and state the significance of the following terms (terms drawn from lectures and readings): The Dangerous Poor – Poverty is the mother to door in a public space Dictionary Definition of crime. Old prejudice: the poor are a of Vagrant: someone who is both homeless dangerous lot who will stoop to criminality if and jobless and earns a living by begging given the opportunity Administrative Law - Governs the activities Urban Space and Citizenship – of administrative agencies of government.  Laws regulating the use of space Tort Law – signify function of space + citizenship  A wrong committed by one person or  Citizenship in the city - urban against a person’s property or reputation either intentionally or subjectivity-- regulates a certain unintentionally. place  Also covers a case where a person causing injury has no lawful right to Citizenship - denotes the link between a do so person and a state or an association of states.  No precise definition – a civil wrong It is normally synonymous with the term  Most of our criminal law was once nationality although the latter term may also tort law. refer to ethnic connotations. Neoliberalism:  Dates back to a time when courts first saw the need to remedy a wrong •Aggressive law and order policies as the  Courts – balance muscle behind market discipline Public Space - Envisioned as one of fluidity – street as a vehicle and people as passengers. •Policies are aimed at specific section of the Impediments are defined by way of moral poor- young, able-bodied citizens not conception of urban propriety, and by engaged in or avoiding work extension, urban citizenship. Vagrants are •Law must always be examined in relation to obstacles. its material context How to Turn a Beggar into a Bus Stop – When beggars stop to panhandle and its like Vagrancy Law in Canada - 2 World War, 1950 – 70: liberalization of vagrancy laws putting a bench in the way to stop from society to keep moving. Certain spaces are Removal of the several sanctions – needed for certain things and certain people. redefinition of the person of the vagrant. A vagrant was now a person who : not having Signs are same laws that people can regulate. any apparent means of support, is found wandering abroad or trespassing and does not, when required, justify his presence in the place where he is found and begs from door 2 Safe Streets Act - Designed not to explicitly leave one broken window fixed it will bring in regulate people (in contrast to previous pollution garbage and everything where Vagrancy Acts), but to regulate the street criminals would do crimes thinking nobody would see them doing anything. Prevents  Frames the question as one of the further petty crimes and deters individuals relationship between the Pedestrian from committing more serious crimes and the Panhandler Sentencing Circles –  The challenge (as seen by SSA) is to balance different rights claims so as to enable smooth flow of pedestrians on  Operate within Canadian justice system the street  Turning a beggar into a bus stop  Mostly for offences for which punishment would be under 2 years Treaty of Westphalia - Birth of the Modern in prison Nation State Key Principles: Narratology - Just as everyday experience of 1. Political self determination law is different from formal textbook law, so 2. Equality between sovereign states too is the practice of law more than textbook law. Just as everyday experience of law is 3. Principle of non – intervention 4. Principal or state sovereignty – different from formal textbook law, so too is political self determination the practice of law more than textbook law, 5. Principal of legal equality between Narratology – The way a story is told and how states the story is told and what everyone’s points are and how one tries to persuade others. 6. Principle of non – intervention Legal Consciousness – Is used to name ‘Imagined Communities’: States were analytically the understandings and meanings assumed to correspond to nations- groups of of law circulating in social relations. Legal consciousness refers to what people do as people united by language and culture well as say about law. Canadian Citizenship Acts - 1st Canadian Citizenship Act (Jan.1st, 1947): until 1947 all Community Standards Test - The Canadians were British subjects living in community standards test is concerned not Canada with what Canadians would not tolerate being exposed to themselves, but with what 2nd Canadian Citizenship Act (1977): they would not tolerate other Canadian being citizenship is reconstituted as a right not a exposed to. The test must necessarily respond privilege to changing mores. Basically being able or not able to withstand the exposure of sexual 3rd Canadian Citizenship Act (2002): revised content. loyalty oath to Canada and its democratic values Customary law punishment—payback Punishment is frequently the threat that Broken Windows Theory - The theory was induces recognition of law imposed from introduced in 1982 article by social scientists above, but incentives must be largely positive James Q.Wilson and George L. Kelling If you when customary law prevails. The issue of 3 customary law punishment, especially Surveillance Society – This is basically the “payback”1 has stretched the limits of the Panopticon in practice and is described more criminal law in a range of sentencing under Panopticon. judgments. This stretching has been Panopticon - •Hospitals, Asylums, Schools, particularly pronounced where Aboriginal defendants and their representatives have Streets and etc Jeremy Bentham (1748-1832) everyone and anyone can be dangerous. asked the court to take into account intended Social Norms: influence the way we act - violent punishments condoned by customary law in relation to mitigation of penalty what's appropriate/ inappropriate We absorb social norms by watching others Jeremy Legitimation of Danger - Legitimation of Bentham did not like physical force as a form practices - murals, skating parks, back alleys, of punishment rather liked the punishing of bars and etc. the mind and being watched would make one Consumer Citizenship - Citizenship is more conformed. Panopticon is meant to control the “soul” or the mind There’s a guard connected to national economic growth in a prison that the prisoners wouldn’t know Examinations of laws and regulations of and that’s to make them more self- governing who belongs and who doesn’t surveillance. Social Norms: influence the way we act - what's appropriate/ inappropriate belong cannot be separated from the analysis of the economy/capitalism We absorb social norms by watching others Ditto – dangerous/criminal and productive Targeted killing – Directed against a person  Difficult to determine the level of citizen threat CCTV - •1940`s used to film rocket launches  Self defense? Do states have the right to protect themselves? •1968 Olean, NY – 2st camera  Where to draw the lines no uniforms no base different from traditional theater of war. •UK – 1.85 million CCTV cameras  Civilian/combatant vs •Regulation occurs primarily via privacy law  Civilian/lawful combatant/unlawful combatant. •Individual rights vs Safety Debate Terrorism as a crime or act of war - •The Modern City return of the ancient village It’s not a traditional war Regulation occurs primarily via primacy law. It’s not a traditional crime Individual rights vs. Safety Debate. The Modern City: Return of the Ancient Village. Domestic Law Constraints Eyes in the Sky: Signs demarcates the line in International Human Rights Norms the urban space where CCTV begins and ends, thereby creating a subject capable of choice State Sovereignty Authorization for Use of Military Force 4 Duty of Care –  Referred to as the right-duty relationship in tort law.  The duty not to injure must be owed to the part who suffers the injury  The injured party must have a legal right that has been violated by the act or omission of the other. Sponges left in patients throat and died later on Whose fault- doctor, nurse Concept of Foreseeability –  Foreseeability as an element of tort liability was a difficult concept for the courts to apply.  A standard that has to be determined before damages for an unintentional act could be determined.  Foreseeability is when someone does not do something intentionally and is not aware of what might be the after effects.  Take your victims as they are. The Reasonable Person Test – Asking ones self what a jury would say when there is a case at hand that talks about what a reasonable person would do in certain circumstances. Charter of Rights and Freedoms - A profound shift of power from the parliament to judicial body Data Doubles – create a acoount make searches and it creates a profile of yourself in a virtual world. Weblining – divide people through what they like and what they don’t like. Freedom of Association (Facebook Privacy) – The right not to reveal your associations. Premeditation (social media posts as evidence for) - Characterized by deliberate purpose, previous consideration, and some degree of planning: a premeditated crime. Eggshell Skull Rule - is a well-established legal doctrine used in some tort law systems, with a similar doctrine applicable to criminal law. It increases the liability of a person who may commit a tort against another; from results arising out of those tortious acts. The term implies that if a person had a skull as delicate as that of the shell of an egg, and a tortfeasor who was unaware of the condition injured that person's head, causing the skull unexpectedly to break, the defendant would be held liable for all damages resulting from the wrongful contact, even if the tortfeasor did not intend to cause such a severe injury.
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