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
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
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
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
•Regulation occurs primarily via privacy law Civilian/lawful combatant/unlawful
•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
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
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
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.