Topic 5: Social Control Flashcards
Social control
processes used to maintain societal order + promote predictable behaviour
Forms of social control: External
external pressures
Inducement: positive encouragement
Deterrent: negative prevention
Forms of social control: Internal
internalization of norms
Forms of social control: Formal
explicit rules + regulations
Instituted by the state
Instituted by non-state actors
Forms of social control: Informal
implicit norms + principles
Folkways: mild reaction
Mores: fundamental moral beliefs + serious backlash
Administrative law
governs + regulates government bodies
delegates government authority
ensures bodies act fairly + in good faith
Types of administrative law: self governing bodies
no external control + independently manage affairs
Types of administrative law: independent regulatory bodies
government created bodies with specific jurisdiction
meant to act impartially without political interference
Types of administrative law: government department regulatory bodies
regulate public sectors
Norms
general expectation of appropriate behaviour
obligation to follow but no personnel to enforce
Institutions
patterns of human behaviour that organize societal behaviour
Principles
ideas on how people ought to behave
AL exerts control through: Licensing
control over private ownership
AL exerts control through: Inspection & surveillance
monitor to ensure compliance with regulations
Criminal law
defines + controls public offenses
conviction + punishment
Crime
public wrongs
AL exerts control through: Sanctions
penalties when rules are violated
Functions of criminal law
social retribution
specific + general deterrence
public shaming
incapacitation
Offences against persons
direct harm
Offences against property
unlawful interference with another’s property
Offences wrong in & of themselves
inherently immoral
Capital punishment
execution for severe crimes
not a strong deterrent
Victimless crimes
only harms participating individuals
deemed wrong in & of themselves
public order crime
White collar crime
financially motivated crime by a high standing individual
Defamation
intentional spread of false ideas to tarnish one’s image
Libel
written defamation
Slander
spoken defamation
Tort
private wrong
Intentional + unintentional
Tort: strict liability
not intentional or negligent
degree of legal responsibility
over 50% chance = beyond a reasonable doubt = legal liability
Punitive damages
additional damages to punish wrongdoer
private law
Fighting
consensual fighting is legal
distinct from combat sports, assault + self defence
R. v. Jobison
there can be no consent to bodily harm
Contentious politics
protests outside government channels
rights can be circumvented during national crisis for order
Contentious politics: mechanism
surveillance
repressive force
suppression of speech + media
Contentious politics: notwithstanding clause
temporarily circumvent rights within jurisdiction
