SOC109 TT1 Lec5-8

legal orders

Across different social contexts, countries, and jurisdictions, there are different ________ _________ and different meanings attached to the law.

Legal pluralism

two or more sets of laws and legal practices operating (more or less) at the same time in the same place (Canada)

Canada as a federal state

power is divided between two levels of government (federal and provincial), instead of being controlled by one single central authority

Federal jurisdiction

The federal government makes laws for the entire country

Provincial jurisdiction

The provincial government makes laws for their own province

Constitutional federalism

A system in which the Constitution formally divides law-making powers between federal and provincial governments, and courts enforce those divisions

Federal paramountcy

The principle that when there is a conflict between federal and provincial laws, the federal laws will prevail.

Role of courts in society

________ resolve conflicts or disputes

claims, demands, rights

Three main elements of disputes

Private disputes

non-criminal, private conflicts between two or more parties.

Public initiated disputes

conflicts that arise from actions taken by members of the public (individuals, groups, or organizations) against government bodies, regulatory authorities, or on matters of public interest.

Defendant-Initiated disputes

legal actions, claims, or formal responses brought by the party being sued (the defendant) after the initial lawsuit has been filed against them.

Legal mobilization

the process by which individuals or groups use law, legal rights, or legal institutions to address, challenge, or resolve a dispute.

(can produce both direct and indirect results)

Access to Justice

Ability of individuals to seek legal remedies. Structures how and why people choose to use the law.

Why would someone choose to not involve the law?

monetary costs, concerns about the outcome, cultural and social norms, experiences with the law

Legal consciousness

attitudes and views of individuals toward the law and how these attitudes and views influence individuals' willingness and ability to pursue legal remedies

Before the law

views the law as neutral, something to be respected and obeyed

With the law

views the law as a resource, something that can be used strategically, like a game with rules that can be worked to one's advantage

Against the law

view that law as unfair, biased, and oppressive, comply outwardly but resist law in subtle, everyday ways

Social stratification

a system by which a society ranks categories of people in a hierarchy. In this society, individuals are divided by social class

Social class

A hierarchical system of grouping persons into social categories typically based on a combination of their economic, social, political, or educational status, among others.

Upper class

comprises the wealthiest families. can include inherited and earned status, primary source of income is not through wage-labour

Middle class

a broad group that can include persons with different occupations and income levels. can include highly educated and credential professionals and persons working in less credential administrative or service roles. (A key distinction is whether someone has control or autonomy over their work arrangements)

Lower class

the poorest and most disadvantaged in society. can include the working poor and persons working in precarious labour, tends to include less educated persons with little autonomy in their work

Income Inequality

the unequal distribution of household or individual income across the various participants in an economy

Economic polarization

a widening gap between the rich and the poor

Deprivation theory

social movements arise among people who feel deprived of something, such as income, safe working conditions, or political rights

Absolute deprivation

an objective measure of poverty, defined by the inability to meet minimal standards for food, shelter, clothing, or health care

Relative deprivation

the perception that we are worse off relative to those with whom we compare ourselves

subjective, outgroup, entitlement, frustration

Relative deprivation includes a ___________ feeling of deprivation or perceived inequality, an _____________ or comparison group, a feeling of _____________ or disadvantage, feelings of _______________, resentment, or anger

19th Century Positivism

the belief that human behaviour and social problems should be studied using the scientific method, with valid knowledge grounded in empirical observation of measurable phenomena

Determinism

The idea that people's behavior is produced primarily by factors outside of their willful control. (e.g., heredity and environment)

Criminality caused by Atavism

Lombroso argued that some people are born criminals because they are biologically less evolved than the rest of society (widely debunked as dangerous pseudoscience)

biological, environmental, social

Contemporary research acknowledges that offending is the product of a combination _______________, _________________, and _________ factors.

Deterrence

the attempt to discourage criminality through the use of punishment

General deterrence

punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses

Specific deterrence

punishment inflicted on criminals to discourage them from committing future crimes

deterrent, rehabilitative

Punishments can serve both ___________ and ___________ purposes

severe

More ____________ punishments have no effect and can actually increase the risk of reoffending

Rational Choice Theory

argues that crime is the result of purposeful decision-making. People commit crime because, in that situation, it seems like the best option

Involvement decisions

A choice of whether or not to get involved, continue or withdraw from the offence. Based on background factors, prior experience, and solutions to our needs

Event decisions

decisions to commit a particular crime at a particular time and a particular place (immediate and situational factors)

Routine Activities Theory

The view that crimes require three factors: a motivated offender, a suitable target, and the absence of a capable guardian

Situational crime prevention

A crime prevention method that relies on reducing the opportunity to commit criminal acts by making them more difficult to perform, reducing their reward, and increasing their risks.