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Three Sources of new laws
Legislation, Judicial and Administrative
Legislation
A written law that provides rules of conduct. For example, Canada introducing the right to have small amounts of cannabis.
(Legislation in law means rules or laws made by the government to regulate behavior and society)
Judicial
Represented by the courts and has the function of resolving conflicts related to laws. For example, America deciding wether or not to outlaw abortion.
(The courts and judges apply and explain the laws made by the government)
Administrative
Administrative means government agencies that carry out and enforce laws (like making rules, giving licenses, or handling public services).
Six pre lawmaking stages
Instigation and Publicizing
Information Gathering,
Formulation,
Interest- aggregation,
mobilization, and modification.
Instigation and publicizing
Where social problems are presented in social discourse.
(Instigation and publicizing means pushing someone to act and making it known to many people.)
Information Gathering
Where data is collected on a certain problem.
Formulation
Where someone or some group proposes a legislative remedy to the social problem.
(Formulation means suggesting a new law to fix a problem in society.)
Interest- aggregation
Attempts to obtain other lawmakers’ support.
(Bringing together different people's ideas, needs, or demands to create one common goal or policy.)
Mobilization
Where various lawmaking groups exert pressure to introduce a new law.
(Mobilization means getting people ready and organized to take action.)
Modification
The marginal changes a proposed law goes through on the road to becoming law.
(Modification means changing or improving something.)
The four general perspectives of lawmaking
1.The rationalistic model,
2.Functionalist,
3.Conflict perspective
4.Moral entrepreneur theory
The Rationalistic model
Argues that new laws are created to protect society from some harm.
Example: the increasing regulation and even criminalization of tobacco products.
Laws are introduced with the ‘rational’ goal of protecting wider society from harm.
Criticism: Rationalistic model fails to explain why some harmful products have not undergone equal levels of criminalization.
(The Rationalistic Model means laws are made to solve problems in the most logical and effective way.)
The Functionalistic model
Laws are simply important customs that are re-stated in legal terms. Example: marriage was once just a custom.
(The Functionalistic Model means laws are created to keep society stable and working smoothly.)
The Conflict Perspective
Most powerful groups win the battle of what does and doesn’t become the law (typically in order to serve their own interests)
(The Conflict Perspective means laws are made to protect the powerful and control weaker groups.)
The Moral Entrepreneur theory
Argues that laws are generated by the “presence of an enterprising individual or group” who campaign society and politicians in order to convert their moral concerns into legislation.
(The Moral Entrepreneur Theory means some people or groups push for laws based on their beliefs about right and wrong.)
The three more specific influences on the lawmaking process.
Interest groups,
Public Opinion,
Social Science
Interest groups
Contends that laws are created because initiatives are instigated by “special interest groups” (Vago et al. 2017: 124).
“the importance of wealth in...mobilizing an effective interest group
should be apparent.” (Vago et al. 2017: 124)
(Interest groups are organizations of people who work together to influence laws and policies based on their shared goals or interests.)
Public Opinion
When masses of people become captured by a public issue and they demand change through the introduction of new laws.
Social Science
Evidence based
(Social Science is the study of how people and societies behave, interact, and function)
The eight different ways disputes are adressed
Lumping it,
Avoidance,
Violence,
Negotiation,
Mediation,
Arbitration,
Adjudication,
Reintegrative shaming.
Lumping it
Addressing a dispute through inaction (it is assessed that doing something about the dispute is more trouble that it’s worth whereby the probability of gain is too low or the cost too high) This is a common dispute resolution approach for low income litigants.
(Lumping it means putting up with something unfair without fighting back)
Avoidance
A litigant decides to resolve their dispute by limiting/breaking their relationship with the disputant (so that the dispute is no longer a salient issue in their life)
Example: instead of disputing over-charging by an internet company, one simply closes their account and moves on to a new provider.
(Avoidance means staying away from a problem instead of dealing with it)
Violence
Violence. Hurting or attacking someone
Negotiation
Where disputants attempt to resolve a disagreement without help from a neutral third party (Vago et al. 2017: 186). For negotiation to end successfully requires both parties to settle the dispute without escalation, and doing so without involving a neutral third party.
Example: an amicable divorce settlement.
(Negotiation means talking to reach an agreement.)
Mediation
Where an impartial (neutral) third party—a mediator—is interposed between two disputants and, without coercive force, helps both parties work out and mutually agree with a settlement (Vago et al. 2017: 186-187). Mediation works best when there is a non-adversarial relationship between both disputants, whereby there is an air of cooperation. A mediator does not—having heard both parties’ arguments—impose their decision on the disputants (but does try to influence, then
encourage, both parties to pursue a mutually agreed upon settlement).
(Mediation means a neutral person helps two sides solve a dispute.)
Arbitration
It is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who, if the disputants so choose, can make a binding decision on the dispute. In choosing arbitration,
the parties opt for a private dispute resolution procedure instead of going to court. Arbitrators are usually attorneys, business professionals, or retired
judges with expertise in a particular field. The advantage of arbitration over going to court is that it is cheaper.
(Arbitration means a neutral person listens to both sides and makes a final decision.)
Adjudication
Adjudication is a public and formal method of conflict resolution and is best exemplified by the courts.
Courts have the authority to intervene in disputes whether or not the parties desire it and to render a decision and enforce compliance with that decision (decisions tend to be more orientated toward zero-sum
outcomes).With adjudication, the emphasis is on the legal rights and duties of disputants, rather than on compromises or on the mutual satisfaction of the parties.Before adjudication is possible, the details of a dispute between two parties needs to be transformed into a fact-based legal dispute.Adjudication manages but does not resolve a dispute (the underlying
forces of the dispute are not alleviated)
(Adjudication means a judge or legal authority makes a final decision on a dispute.)
Reintigrative shaming
Reintegrative Shaming communicates both disapproval and respect for the offender; the offender is treated as a good person who has slipped up and engaged in a bad deed.Victims and people of significance to the offender confront them with the harm they have inflicted and make them feel guilty—thus, they are encouraged to feel shame/remorse. initially there is disapproval but once the offender ‘sees’ the harm/s they’ve inflicted, there is an earnest attempt to ensure their social bonds with the community are re-built. Reintegrative Shaming uniquely attempts to get to the root cause of the offender’s behaviour.
(Reintegrative shaming means shaming someone for wrongdoing but then welcoming them back into society.)
Why is litigation growing in the modern world?
Variation in the frequency of litigation is a function of the changes in the level of complexity, differentiation, and skill of the society in which our courts operate.
What is social control?
Social control “refers to the methods used by members of a society to maintain order and promote predictability of behaviour. Social control is the regulations, sanctions, mechanisms, and systems that restrict the behaviour of individuals in accordance with norms and orders.
(Social control means the ways society keeps people following rules and behaving properly.)
What are the two main categories of social control?
Informal social control
formal social control
What is informal social control?
the reactions of individuals and groups that bring about conformity to norms and laws.
Examples: peer and community pressure, bystander intervention in a crime, and collective responses such as citizen patrol groups.
Ex: Specific sources of informal Social Control: gossip, ridicule, criticism, reprimands, and ostracism.
(Informal social control means unwritten rules and social pressure that encourage proper behavior)
What is formal social control?
The attempts of social agencies and official laws to regulate society and ensure conformity with normative standards.
(Formal social control means official rules enforced by authorities to maintain order in society.)
What are the two main sources of formal social control?
1. Non-state agencies: attempts by businesses, churches, and labour groups to promote conformity with societal norms.
2. State agencies: coercive attempts by the criminal justice system (and other agencies) to ensure conformity with social norms
Major foundation of formal social control
Deterrence. The theory of deterrence is predicated on the assumption that individuals weigh the costs and rewards associated with alternative actions, and select behaviours that maximize gains and minimize costs.
Thus, deterrence theorists argue that crime takes place when law breaking is perceived as either more profitable (rewarding) or less costly (painful) than conventional activities.
(Deterrence theory means people decide whether to commit a crime by thinking about the risks and rewards.)
Deterrence and the factors believed to influence
its effectiveness.
Severity (the harsher the punishment the better)
Certainty (one is very likely to be punished),
Swiftness (little to no time between the conviction and the punishment)
What is the most severe form of punishment?
Capital punishment
Why is capital punishment a good thing?
Makes society feel good (eye for an eye), removed the possibility of recommitting, Deters other from committing the crime due to fear.
Gold rush rail line construction
Opium became a popular drug
Mexican Construction Labour and the Anti-Marijuana Laws in the USA
Before 1929 Mexican labour was high in demand. White people began to see the Mexicans as a threat to their jobs, as a result the Mexican drug of choice (marajuana) was banned.
(Mexican immigrants have long played a crucial role in the U.S. construction industry, filling low-wage, physical labor jobs. However, harsh anti-marijuana laws in the past unfairly linked them to drug trafficking, leading to deportations and criminalization. As marijuana becomes legalized in more states, some of the stigma and legal issues are easing, but the legacy of these old laws still affects Mexican communities.)
Criminalization or the “Prohibitionist Approach
In 1997 the penalty for any drug related crime was life in prisonment. In 2012 they introduced a minimum penalty requirement for any drug related crime. No matter what, you have to face a punishment, typically harsh. Lawyers and judges don’t even get involved. You just get punished. Its costs Canada approximately 500 million dollars per year to support the war on drugs. penalty for
Treatment of Drug Addiction as a Medical
Problem (Medicalization)
Popular in Europe (exemplified by Portugal) Distinguishes between drug traffickers (criminals) and drug users (sick people who need treatment). Attempts are made to help people overcome their addiction/s
Decriminalization or, more radically, Legalization
Decriminalization: the legislature removes criminal sanctions against an act, omission, article, or behavior which is considered a crime (the drug remain illegal, but the legal system does not prosecute a person for the
act of drug use). Legalization: the removal of all drug-related offences from criminal law, such as use, possession, cultivation, production, and trading (for
example, Canadian Govt’s legalization, regulation and restricting access to cannabis in 2018)
Decriminalization advantages
Government can tax drug use. Government controls drug purity. Government can better control drug sales
Users who abide by the law are no longer at risk of obtaining criminal convictions. Racial minorities are no longer likely to be disproportionately targeted by the ‘war on drugs’.
White collar crime
Crimes commited by the higher status people
Two major categories of white collar crime
Corporate crime (crimes commited by individuals within their legitimate occupations. For example, a group of people in the company coming together to scam people) and Occupational crime (a committed by the offender during the course of their employment. Embezzlement, money laundering etc)
