Social Context Of Dispute Settlement & The Rise Of Law Flashcards
To understand social order, we should view criminal law in a “__________ & ________” context
Historial & social
The state is a institution that claims the exclusive right to implement “__________ ______”
Are criminal laws new?
Criminal laws
———————————————-
Yes criminal laws are somewhat new
Historically harm b/w individuals was settled without state involvement
In criminal law the state declares itself the “_______” party
DOUBLE CHECK THIS
Injured
What are some classifications of societies based on mode of production? (5)
- Hunting & gathering:
- nomadic societies
- men called upon to go hunting
- women gathered - Pastoral:
- shepherds, still nomadic but as a traveller - Horticultural:
- garden
- ppl realized they didn’t have ton forage, but they can cultivate - Agricultural:
- animals & crops - Industrial:
- 18th century
- came w/ invention of steam engine
- factories —> paychek = buy food
For most of human history, the main mode of production was “_________ & _________”
Hunting & gathering
Everyone shared (one big family)
They only collect what they can eat (no waste)
What was involved in small-scale society? (3)
-
Social bonding:
- similar beliefs & valves, shared activities, cooperation & tied kinship
- strong collective solidarity -
No centralized structure for decision making:
- communities had to rely on different mechanisms to keep peace & restore order - Absence of surplus, stratification & the state
There was also a need for “_____-______” in small scale societies
Members were expected to have lifelong interactions, so they discouraged “__________” to prevent the breakdown of a working order
Self-restraint
Quarreling
In the absence of surplus and resource inequality, many disputes involved what?
Women
Food distribution
Gift exchange
Laziness
Theft
“__________ _______” was placed on parties of the dispute to settle these disputes
The goal was to restore “_____________” relationships in mutually agreeable ways so not to impede group life
Community pressure
Harmonious
What occurred in the slow emergence of social power and inequality?
Hunter/gatherer societies = became more complex
Independence of groups = started to diminish
Ex. Learned how to store food in holes in ground, this gave people advantage over each other (conflict)
Members could generate surplus of goods = inequality
Concept of private property emerged = greater social power
“___________” was established in England at the beginning of the 12th century
Dispute settlement practices replaced by laws established by “_______ ______”
Feudalism
- I’ll give you land if you’re loyal and provide service for me
Feudal lords
As feudalism developed, the notion of collective reponsibility was replaced by what?
Individual responsibility
Money settlements & fines were used to settle serious disputes
Gradually the central authority of the king emerged to replace the authority of who?
Kings system of writs and courts created a “_______ _____” available to all who had the crown settle disputes (rather than others)
Feudal lords
Common law
What is common law?
The part of English law that is derived from custom & judicial precedent rather than statutes
The high volume of trade, longer distances, and joint ventures required what to enforce it?
What arose from this?
Required a system of law & court system to enforce it
Legal contacts & lawyers grew in importance
The* merchant class arose* from this
How did the merchant class help the king?
& vise-versa?
Helped the king consolidate power in exchange for legislation & enforcement that FAVOURED merchants
Expensive journeys, but this trading enriched the king
= this growth of commerce, money & banking resulted in transactions governed by law instead of custom
Who was Jacques Rolland? (1720-1760)?
What was his role in Louisbourg?
Rolland was a clerk for Mervin et fils —> wholesale merchant & shipping company in France
Travelled to Louisburg to* brokerage trade b/w
settlers & company*
Learned a lot through trade (brought tackle, food and salt for drying fish)
Provided these supplies to fishermen, who IN RETURN provided cod to be taken back to France
What issue arose in Jacques Rollands life?
Who helped him?
He was not yet 25 —> so he was unable to hold property & contracts in Louisbourg
A local family (Cruchons) helped him by having Rolland marry the oldest daughter Marie & her mother would then be signatory to contracts = Rolland could establish his business
The community of goods was signed (respects the property of each partner brought into the marriage to remain w/ the owner upon dissolving of the marriage)
= prenup basically ^
What unfortunate ending occurred to Jacques Rolland?
His marriage was unhappy & his business failed
When the soldiers arrived to take his inventory to
auction to pay his debts to Mervin et fils…
= Mme Cruchon submitted a petition based on the
community of goods contract
Rolland then began jailed until the auction was over
Once released from jail —> disappeared from records
When the state became the dominant instrument for settling disputes, who was it backed up by?
What did the state create?
It was backed up by the police & military
Laws the state created became the principal means of
regulating human activity & ensuring social order
Laws & regulations became the legal apparatus that created the basis of modern nation-states
Property, commerce, real estate, labour, and contractual agreements are all regulated by “____”
Law
Some laws embody a consensus or agreement that something is “_____”
Give some examples…
Wrong
Ex. Assault, theft etc…
History also reveals the influence of special interest groups and “moral entrepreneurs”…
What is an important example of this seen in Canada?
Drug legislation
Weed was legalized after being illegal for so long
What kind of corporations are some of the most powerful special interest groups?
Transnational corporations
What is the role of transnational corporations?
They greatly influence state polices & laws
They have the resources to resist government efforts to regulate them
What are some transnational corporations cases of failure to regulate crimes?
- Ford Pinto/Chevrolet Malibu case:
- cars gas tank was positioned in a way that in a rear-end collision = it could rupture and explode
- companies knew this and didn’t care
- they were criticized over corporate negligence in the face of safety concerns - Workers’ exposure to asbestos:
- many workers were exposed to asbestos without knowing the risks
- illnesses developed
- thousands of lawsuits were filed - Exploration of free trade zones:
- ex. Nike
- can make high profit off of foreign countries by paying them low wages (dollar a day)
- will use child labor if possible
- if country complains/resists = they move to another poor country
- come back to North America for example and sell their products for high prices = make high profit
The conservative federal government is especially vocal in curbing what kind of crime?
Why are they criticized for?
Street-level crime
Criticized because they have done much less to combat white-collar crime
This emphasis evokes cynicism and that the government focuses on marginalized individuals
Little effort to regulate the crimes and unethical conduct of the powerful
When is legitimacy of the state questioned?
They are questioned if they cannot provide peace, security, good government, and protected from harm
The inability of the state to regulate the following harms may cause what?
May cause a crisis of legitimacy
Ex.U practices of big corporations
Ex. Pollution of air, water, soil, and the food chain
Ex. Growing and extreme levels of inequality
What do restorative justice programs seek to do?
Seek to change the current CJS by repairing the harm done to social relationships b/c of crime
Represents a return to the dispute settlementmodes of small-scale society
Victim, offender, and community are active participants
in the process
Reintegration is the goal
Can rebuild communities as well
