soci 470

Question 1

What is a right?

Answer 1

rights are practices that are required, prohibited, or otherwise regulated within the context of relationships governed by law.

Question 2

what do rights do?

Answer 2

protect us from one another and protects us from the unjust use of power by the state.

Question 3

describe the first generation of rights

Answer 3

• mainly civil and political rights (freedom of religion and speech)
• also refereed to as negative rights
  -these kind of rights protect individuals from oppressive governments.
• seen in the US Bill of Rights

Question 4

describe the second generation of rights

Answer 4

-economic, social and well-being rights (the right to be free from hunger)
- seen in the international covenant on economic, social, and cultural rights
- may require redistribution of resources to be implemented.
-require action on the part of the states
- positive right

Question 5

describe the third generation of rights

Answer 5

• group of solidarity (collective) rights (right to a healthy environment, right to peace)
• these are tights that belong to collectives of people
• seen in the United Nations declaration on the rights of indigenous people
• positive right

Question 6

Durkheim interests?

Answer 6

• interested in the role of crime and law in keeping societies together, regulating them, and in some cases promoting social change.
• promoted mechanical and organic solidarity
• interested in social solidarity (what keeps a society together)

Question 7

what is mechanical solidarity?

Answer 7

• mechanical = characterizes preindustrial small-scale societies that have very little social differentiation. Solidarity comes from sharing an all-encompassing set of norms and values. Cohesion based on the similarity of the people in these groups.

Question 8

what is organic solidarity?

Answer 8

• differentiated, specialized individuals are integrated with each other and must engage in cooperative processes. Like a body a composite of several interdependent systems.
• people have highly specialized roles and training, people aren’t interchangeable
• argued that this form of solidarity is actually stronger than mechanical solidarity, and that moderns societies were in fact quite unified.
• organic like working body parts.

Question 9

what is collective conscience?

Answer 9

• individuals come and go but the collective consciousness stays
• originated in the communal interactions and experiences of members of a society
• exists above and beyond individuals

Question 10

what is crime for Durkheim

Answer 10

• for Durkheim, crime is actions that offend the collective conscience.
• punishment of the criminal reasserts the values of the collective conscience.
• people acting together to denounce and punish a crime. This reinforced social solidarity.

Question 11

organic societies types of law

Answer 11

societies with organic solidarity have some repressive law but also have restitutive law, which includes civil, administrative, commercial, and procedural law.

Question 12

what is restitutive law

Answer 12

restitutive law operates in societies where there is a high degree of individual variation and emphasis on personal rights and responsibilities. more specialized and requires a complex division of labour. goal is to restore the status quo.

Question 13

what is penal law and restitutive law?

Answer 13

penal law = vengeance
restitutive law = deterrence
- restitutive law is a second type of law, one that Durkheim associated with more complex societies. Restitutive forms of law appear in civil law, commercial law, and a variety of procedural laws.

Question 14

for Durkheim was the function of crime?

Answer 14

• it reaffirmed social solidarity by reminding society of it’s norms and values.
• without crime there can be no sense of what is normal and what is not.

Question 15

Max Weber interests?

Answer 15

-wrote on different kinds of authority and law.
- argues that there was a reciprocal relationship between the rise of capitalism, rational thought, and a particular kind of legal system.

Question 16

Webers definitions of law and order

Answer 16

• law is a kind of social action that involves an order to be obeyed
• an order will be called law if it’ s externally guaranteed by the probability that coercion, to bring about conformity or average violation, will be applied by a stand of people ready for that purpose.

Question 17

what were the legal systems weber named?

Answer 17

formal or substantive, rational or irrational

for weber most legal systems would exist on a continuum between these two types.

Question 18

webers formal vs substantive legal system

Answer 18

• formal legal systems use internally specified rules and procedures to make decisions. Rules are procedures are not influenced by external factors like politics, religion, or the economy
• in substantive legal systems, on the the other hand, rules, procedure, and decisions are influenced by non-legal factors like religion, politics, the economy, and public policy.

Question 19

webers rational vs irrational legal systems

Answer 19

• legal systems are rational if they are rule governed, systematically, intellectually frames, and similar cases are dealt with the same way
• irrational systems are the opposite. Law makers do not follow general rules, similar cases are not dealt within in the same way and there is little predictability.

Question 20

According to Weber what are the four types of law?

Answer 20

1) substantive irrational = ad hoc, no rules, and subject to outside influences
2) substantive rational = rules and procedures, but law it no autonomous
3) Formal irrational = follows rules and sometimes strict procedures, but these are not logical
4) formal rational = law is a closed and autonomous system. follows rational rules.

Question 21

according to Webster what types of law (from the 4) is western law?

Answer 21

Western law is both rational and formal

rational and formal law was also essential for a modern state, which needs administrative rationality.

Question 22

where does Durkheim believe collective conscience originated?

Answer 22

Durkheim saw religion as the origin of the modern collective conscience. in earlier times, religion served an important function of giving coherence to structure and providing a general from of social stability. nonetheless the initially cohesive character of religious regulation became, in Durkheim’s view, more divisive than unifying in modern societies.

Question 23

what was a key feature of Durkheim’s theory that involved social inequality

Answer 23

a key feature of Durkheim’s theory of social development is the premise that social inequality will be reduced as societies move toward greater division of labour.

Question 24

what is anomie

Answer 24

the concept of anomie is pertinent to an understanding of Durkheim’s approach to social pathology. Anomie is said to reflect a state of normlessness, in which previous rules and regulations are in flux, and social life becomes more ambiguous.

Question 25

what is a critic of Durkheim

Answer 25

critics of Durkheim argue that he is not attentive to the diverse results of social stratification, social inequality, and economic exploration. this critical view rests on a less optimistic view of social solidarity and the myriad regulation of modern social life.

Question 26

what were the three fundamental kinds of domination (ideal types or pure forms) weber formulated

Answer 26

1) traditional 2) charismatic domination 3) legal domination

Question 27

what is traditional domination (weber)

Answer 27

traditional domination is summarized as a custom or habit that is determined by longstanding obedience to particular rules.

Question 28

what is charismatic domination? (weber)

Answer 28

charismatic dominate is linked with personal qualities of leadership, not with the highly coordinated, impersonal character of rational-legal domination. - weber emphasized that charismatic leaders are restricted by the mission and power of their characters, not by external regulation. - the unstable quality of charismatic domination is reflected in legal decisions.

Question 29

What is legal domination (weber)

Answer 29

legal domination, rests not on the weight of custom or on the personal qualities of a leader, but on the belief that existing laws and regulations are constructed rationally and fairly and administered impersonally.

Question 30

why call the idea of human rights utopian?

Answer 30

because it asserts that all human beings are equal yet we know we live in a deeply unequal world.

Question 31

what are the 3 things you must do to pursue a right?

Answer 31

name, blame, and claim. name the problem, blame someone for it, and claim their legal remedy.

Question 32

what are barriers to pursue a right?

Answer 32

people may not know the law or their rights, they may prefer to maintain whatever relationships they are in rather than break them, they may face too many inequalities to pursue a legal claim. (economic inequalities)

Question 33

what is a critique of rights coming from the right side of the political spectrum?

Answer 33

that there are too many rights. people using right claims for social and identity based agendas

Question 34

The UN Declaration on the Rights on Indigenous Peoples (UNDRIP)

Answer 34

- adopted by the UN General Assembly in September 2007 - 144 stated voted in favour - 33 states absent for the vote - 4 against (CANZUS) Canada Australia United States New Zealand

Question 35

three developments of human rights

Answer 35

 First, appearance of ad hoc tribunals (one offs, made to deal with one situation) to prosecute perpetrators of human rights violation in the former Yugoslavia and Rwanda. Other ad hoc tribunals have appeared since then.  Second development, the arrest in London of Augusto Pinochet, former dictator of Chile. Set a precedent because he was arrested in spite of immunity the heads of state have been privilege to.  Third, passage in 1998 of the Rome Treaty setting up a permanent International Criminal Court (ICC). The ICC takes us beyond ad hoc tribunals to deal with cases of egregious human rights violations by heads of state or other individuals when national courts cannot or do not bring them to trial.

Question 36

why are human rights politics?

Answer 36

human rights are political because their enforcement require the support of international community and sometimes intervention, and this often depends upon competing nation interests. Lack of enforcement. Human rights are also political because appeals to human rights and the need to protect them can be used as a pretext for interventions.

Question 37

are declarations legally binding?

Answer 37

no

Question 38

what is DRIPA?

Answer 38

declaration on the rights of indigenous peoples act 2019

Question 39

The UN Declaration of the rights of indigenous people

Answer 39

- collective rights (individual rights aren't enough to protect indigenous people) - the international indigenous rights movement took existing human rights and created a document that reflected indigenous peoples histories and situations.

Question 40

Canadas Position on UNDRIP

Answer 40

- in 2007 the federal government would not endorse the Declaration in part because of the articles around free, prior, and informed consent. - Canada fully endorsed the Declaration in May 2016 - in June 2021 Bill C-15 was passed - in November of 2019 Bill 41 was passed.

Question 41

what is Bill C-15

Answer 41

the federal parliament passed Bill C-15, the United Nations declaration on the rights of indigenous peoples act,

Question 42

what is Bill 41

Answer 42

BC legislature passed Bill 41: The declaration on the rights of indigenous peoples act (DRIPA)

Question 43

what is UNDRIP, UDHR, DRIPA

Answer 43

UNDRIP = UN Declaration on the Rights of Indigenous peoples UDHR = Universal Declaration of Human Rights DRIPA = declaration on the rights of indigenous peoples act.

Question 44

when did DRIPA pass in BC

Answer 44

November 2019

Question 45

what are the 3 purposed to the DRIPA act (Section 2)

Answer 45

A) to affirm the application of the Declaration of the laws of British Columbia B) To contribute to the implementation of the declaration C) to support the affirmation of, and develop relationships with, indigenous governing bodies.