SOC240 Lecture 1

Definition: The empirical study of how law, legal institutions, and human legal behavior influence and are influenced by social relations, using data and theory. It examines how laws are created, implemented, enforced, and perceived.
Purpose: To develop a sociological understanding of law as an institution, focusing on explaining how and why legal phenomena occur, rather than just describing them.
Not: Jurisprudence, solely about crime, or normative/moral judgments.

The field focuses on offering generalizable explanations ( $how/why$ something happens, its mechanisms, and consequences) rather than merely identifying and describing phenomena as “bad.”

Canadian drug laws (e.g., Controlled Drugs and Substances Act 1996) serve as case studies.
R. v. Clay (2003): A landmark case challenging marijuana possession prohibition under the Charter, which was ultimately dismissed.
Schedules II details specific cannabis substances, updated over time.

Usage Trends: Data from 2004-2017 (pre-legalization) and 2018 onward (post-legalization) show cannabis use prevalence by age and sex, with varying trends.
Drug Offences: Police-reported drug offences (including cannabis) are tracked, showing how enforcement policies and legislative changes (e.g., Cannabis Act 2018) influence observed rates, which don't always align with overall crime rates.

Timeline: Global and Canadian efforts towards medical, decriminalization, and recreational legalization progressed significantly, culminating in Canada's Cannabis Act in 2018.
Framework Goals: Keep cannabis from youth, take profits from criminals, and protect public health/safety by providing legal access for adults.
Legal Provisions: Adults 18+ can possess up to 30 grams in public, share, buy from licensed retailers (or federally online), grow up to 4 plants per residence, and make homemade products (without organic solvents). Edibles and concentrates became legal around late 2019.
Equivalents: Possession limits are based on dried cannabis equivalents (e.g., $1$ gram dried = $5$ grams fresh = $15$ grams edible, etc.).
The medical cannabis regime continues.
Legalization had mixed impacts on usage trends across provinces.

"Law on the books": Formal statutes, regulations, and codified rules.
"Law in action": How law is applied and enforced by police, courts, and correctional systems.
"The gap": The difference between formal law and its real-world administration and enforcement.
Everyday Law: Law is ubiquitous, present in everyday environments like traffic signs, local ordinances, and disputes (e.g., fighting traffic tickets, COVID-19 fines).

A concept illustrating how observed behavior is perceived, reported, processed, and ultimately coded as official crime statistics, influenced by reporting decisions and police actions.
Example: $2,142,545$ incidents reported to police in 2016, with far fewer resulting in guilty findings or custodial sentences, highlighting the filtering process.
Victimization data shows many incidents go unreported due to perceptions of minor severity or a belief that police action would be ineffective.

It is an empirical study, using various methods and relying on theory and data to understand law's social role.
Theoretical Lenses: The course applies Marxist, Durkheimian, Legal Consciousness, and Feminist perspectives (e.g., to understand who profits from cannabis legalization or how people perceive cannabis use).

Topics: Applied theoretical approaches (Marx, Durkheim, Legal Consciousness, Feminism), Legal Profession, Legal Institutions, Law & Inequality, Law & Economy.
Requirements: Two essays ( $25\%$ \, $20\%$ \,), two class tests ( $25\%$ \, $25\%$ \,), and an annotation assignment ( $5\%$ \,).
Time Bank: $72$ hours total across assignments, used in $12$ -hour blocks (not for tests).
Contacts: Instructor for general questions; TAs (Ori Gilboa, Martin Lukk) for course questions.
Resources: Back up work, mental health support, Writing Centres.
Generative AI: Permitted as a learning aid; usage must be documented in an appendix and cited. Submitted work must be original; overreliance or misuse constitutes academic offense.
Volunteer Notetakers: Needed for Accessibility Services; receive a certificate and CCR credit.