L&S Midterm 3

informal social control

actions taken by members of the public to uphold community norms, laws, and regulations.

Formal social control

practices of the authorities to maintain order and enforce legal and regulatory codes.

what characterizes formal control?

systems of specialized agencies, standard techniques, and
general predictability of universal sanctions

What differentiates formal and informal control

formal controls use official mechanisms to achireve control, and no one is desegnated in charge of enforcement

where are you more likely to find informal control

smaller areas with more intimate face-to-face interaction (rural type areas)

What was the idea of David Engel’s “the oven bird’s song”?

smalltowners dont use formal means to work out injury settlements, so when newcomers move there, they see it as going to court as a way to make easy money

What is the idea behind donald black’s relational distance

law is more active when you have a lot of people who aren’t super close and less active when you have a lot of people who are super close, law is more informal and the law is less active

what does mya pol think abt disability

disability isnt a bad word, its something to accept and be proud of. differently abled is a term used by able-bodied folks that have negative biases w/ disabled

what’s the eve decision?

sterilization can never be safely determined as beneficial for a patient without their consent. their rights outweigh any “advantages”

conditions of MAID

You must be 18 years of age or older
2) You must have a ‘...grievous and irremediable medical condition...’
3) The decision must be made with no outside influence.
4) You must give informed consent
5) You must meet a residency period of the province you are in

Who is francis galton?

a cunt that peddled eugenics that used darwins ideas about survival of the fittest onto humans

what’s the sexual sterilization act

Albertan legislation to sterilize “undesirables” (non-white, mentally ill)

what did asylums do?

tortured the mentally ill, mentally and physically

COHOP

protested disability to be in the charter of rights and freedoms

lumping it

not making a claim/lawsuit; don’t wanna hold anyone responsible for things like injury

what are the 4 stages of development claims?

unpercieved injurous experiences, naming, blaming, claiming

Unpercieved injurous experiences

victims who are injured dont necesarily percieve it, they lump it and dont blame the party responsible

naming

the realization of injury and naming it

blaming

putting blame on parties that are responsible for the injury; doesnt guarantee action

claiming

launching claims against injurers; doesn’t necessarily mean legal action

Mcdonalds coffee case

Courts found McDonald's carried the majority of liability for serving coffee that was too hot. A judge later reduced Liebeck's award to $640,000 US. Liebeck required extensive skin grafts and surgery to treat burns covering 16 per cent of her body. She died a decade after settling her case

one shotters

have claims that are too big/too lil, disparities in financial resources and legal representation matter a great deal

repeat playas

know the game, have in-house lawyers, interested in shaping the rules, screen which cases to proceed with and how to set binding precedents

why do the haves often come out on top?

courts are passive & overburdened, lawsuits are expensive AF, diffs in size and resources (one-shotters and repeat players),

interest based mediation

rights don’t matter, the needs, desires, concerns and fears of people motivate them to act

rights based mediation

legal rights matter as written

mediator

neutral 3rd party that meets with the other parties to help resolve the conflict, facilitate options for both parties to settle in a manner that suits both their needs

conciliation

when a neutral third party acts as a messenger between 2 parties that are unwilling/unable to meet in person

Negotiation

when 2 parties discuss ways to resolve their dispute in ways that does not include any intervention

• addresses most civil disputes

• can be impacted by power imbalance

Arbitration

dispute resolution where a neutral 3rd party hears evidence and arguments from both sides and makes a decision based on the case

• more formal than mediation and rights-based