Canadian Law & Society: Legal Economics, Bail, Disputes, Mobilization and Personhood

What does social welfare refer to?

Overall wealth or the most good for the most people.

How do people typically act according to law and economics?

People act rationally in response to incentives and disincentives.

What is the goal of legal rules in terms of efficiency?

To encourage wealth maximization and ensure that benefits to society outweigh losses.

What happens if the information given to people is incorrect?

It undermines the rationalization aspect of law economics theory.

What is a criticism of the assumption that people act rationally?

Most people may not have all the necessary information to make fully rational decisions.

What is the suggested method to reduce crime according to law and economics?

Raise punishments to ensure the risk outweighs the benefits of committing a crime.

What is the significance of consistency in enforcement of laws?

If individuals believe that rules will not be enforced, they are more likely to break them.

What does the term 'Law in Books' refer to?

The written laws and statutes that exist.

What does 'Law in Action' signify?

How laws are actually implemented and enforced in practice.

What does Section 10 of the Charter guarantee?

The right to be informed of the reasons for arrest or detention.

What does habeas corpus require?

The police must present the accused to determine if they can be held.

What is the 'Ladder Principle' in bail conditions?

The most onerous bail condition must not be imposed before exploring less onerous options.

What are the three considerations the Court looks at for bail conditions?

1) Ensuring the person shows up to court, 2) Ensuring they are not a danger to the community, 3) Minimizing infringement on their liberty.

What does the Crown have a duty to do in legal proceedings?

To do justice, not just win cases.

What are 'reverse onus offenses'?

Offenses where the defendant must prove that the conditions for release are justified.

What is one explicit function of law?

To resolve conflicts.

What are the methods of dispute resolution mentioned?

Negotiation, adjudication by third parties, and cultural/social approaches.

What is mediation in the context of dispute resolution?

A process that seeks to find common ground between parties.

What distinguishes arbitration from mediation?

Arbitration is typically binding and more adversarial, while mediation is collaborative.

What is the basis of tort law?

Proving that another person had a duty of care, violated it, and caused harm.

What are the three stages of a legal dispute?

1) Naming, 2) Blaming, 3) Claiming.

What occurs during the 'naming' stage of a dispute?

An unperceived injurious experience becomes a perceived injurious experience.

What happens during the 'blaming' stage?

Injury is attributed to the fault of another party.

What is the 'claiming' stage in a dispute?

Voicing the grievance to the responsible party and seeking a remedy.

What is a common reason injuries are not perceived as such?

Many injuries occur but are not recognized as the fault of someone else.

What is the claiming stage in legal disputes?

The claiming stage is when institutional processes shape and filter out people and disputes.

How does law limit the types of conflicts it recognizes?

Law does not see or recognize all kinds of conflict due to institutional requirements.

What is hate speech defined as in law?

Hate speech is defined as speech that violates the grounds of discrimination.

What does the hearsay rule do?

The hearsay rule limits the odds of whether a dispute would be brought to court.

What are the characteristics of the transformation of disputes?

Subjective, unstable, reactive, complicated, and incomplete.

What does 'legal consciousness' refer to?

Legal consciousness refers to how law is experienced and interpreted by individuals.

What is 'legal culture'?

Legal culture is the ways in which law exists in society generally.

What is the difference between epiphenomenon and constitutive theories in legal consciousness?

Epiphenomenon views law as a superstructure influenced by social relations, while constitutive theories focus on how individuals create and change law.

What are the two distinct styles observed in small claims court?

Formal litigants using lawyerese and relational/narrative format used by marginalized litigants.

What are the four strategies respondents identified for dealing with conflict?

Tolerate, leave the company, use formal grievance procedure, and use informal methods of resolution.

How does legal consciousness relate to grievance culture?

If individuals believe the grievance culture is fair, they feel empowered to file grievances.

What is legal mobilization?

Legal mobilization is the use of law to advance the aims of organized groups and social movement organizations.

What are the two categories of tactics used by social movement organizations?

Instrumental tactics (substantive changes in rights) and symbolic tactics (legal recognition and equality).

What does social change entail?

Modifications in how people work, rear families, educate children, govern themselves, and relate to each other.

What example illustrates law being slow to catch up to social change?

The case of 23andMe, where DNA samples became a legal issue after the company went bankrupt.

What is the role of lawmakers in social change?

Lawmakers can respond to demands or perceived problems from civil society.

What is the significance of the grievance system in workplace disputes?

The grievance system's awareness and perceived fairness influence employees' willingness to file grievances.

What is the impact of technology on legal changes?

Technological changes can create new methods for crime detection and new opportunities for crime.

What is an example of a symbolic change achieved by social movements?

The legal recognition of women as persons in 1929.

How can individuals influence legal change?

Through methods like emailing representatives, online petitions, or direct lawsuits.

What is the relationship between law and social change?

Law can both cause and result from social change.

What does the term 'collective identity' refer to in social movements?

The shared identity among members of a social movement that can be revealed through legal tactics.

What is the significance of dispute transformation characteristics?

They highlight how personal perceptions and external influences can complicate legal disputes.

What are the implications of legal consciousness on individual behavior?

It affects how individuals use, resist, evade, or change the law in their everyday lives.

What is the role of reference groups in dispute transformation?

Reference groups serve as sounding boards for naming, blaming, and claiming in disputes.

What does the term 'institutional processes' refer to in legal contexts?

The established procedures and rules that shape how disputes are recognized and handled by law.

How does the legal system filter disputes?

By applying institutional requirements that limit the types of conflicts that can be brought to law.

What are the downsides of legal mobilization?

Legal victories can be hollow, rights can be taken back, and there may be cultural backlash.

What is intra-movement backlash?

A reaction within a social movement against certain legal strategies or outcomes.

What was the R v. Butler case about?

A case where LEAF intervened in obscenity law, highlighting the complexities of legal mobilization.

What was the initial legal status of abortion in Canada?

Abortion was prohibited at quickening and beyond, with some exceptions determined by a committee.

What role did Dr. Morgantaler play in abortion rights in Canada?

He engaged in public interest litigation to challenge abortion laws and advocate for women's health.

What is jury nullification?

When a jury acquits a defendant despite evidence of guilt, often based on moral or ethical grounds.

What was the outcome of Morgantaler's appeal to the Supreme Court of Canada?

The court ruled on the basis of the Canadian Charter of Rights and Freedoms, impacting abortion access.

What does Section 7 of the Canadian Charter guarantee?

The right to security of the person, which Morgantaler argued was violated by abortion laws.

How did the Canadian government approach the regulation of abortion?

They attempted to use a gestation approach similar to the US R v. Wade case, but failed to reach consensus.

What is the significance of the term 'legal person'?

A legal person is an entity with rights and duties, which can include nonhumans.

What was the Famous Five case about?

A group of women petitioned for recognition as legal persons to be appointed to the Senate.

What does it mean for a legal person to have partial rights?

A legal person may have rights for some purposes but not for others, or may lack full responsibilities.

What is the debate surrounding the Salish Sea's legal personhood?

Whether the Salish Sea should be recognized as a legal person to protect its interests.

Why seek legal personhood for nonhuman entities?

To protect them and give them legal standing, allowing them to have interests separate from others.

What challenges arise when granting legal personhood to ecosystems?

Balancing the interests of different components of the ecosystem, such as trees and animals.

How do indigenous legal systems view personhood?

They may recognize spirits or ecological entities as legal persons with rights but no responsibilities.

What was the Colorado River case's oversight?

The failure to consult with indigenous nations regarding the river's legal status.

What complexities arise from borrowing legal arguments across different systems?

Different sources of law may have varying meanings and consequences that do not align.

What is the historical context of women's legal personhood in Canada?

Women were not considered legal persons until 1928, impacting their rights and status.

What does the term 'negative right' refer to?

A right that does not impose an obligation on others to act, such as the right to life.

What is the significance of the term 'positive right'?

A right that requires action or provision from others, contrasting with negative rights.

What was the impact of the Charter on Morgantaler's case?

It provided a framework for interpreting rights, influencing the outcome of abortion access debates.

How did public pressure influence the prosecution of Morgantaler?

Public advocacy and political pressure led to investigations into abortion access and changes in prosecution.

What was the role of the Supreme Court in defining legal personhood?

The Supreme Court has the authority to interpret laws regarding who qualifies as a legal person.

What are the implications of competing liberties in abortion debates?

The conflict between bodily autonomy and the fetus's right to life complicates legal decisions.

What does 'legal construct' mean in the context of personhood?

A legal construct refers to entities recognized by law as having rights and responsibilities.