Topic 6: Social change Flashcards
Social change
changes in how people live and interact in society
Factors that impact social change
law
new technologies
new values
new forms of work
political + economic factors
education
mass media
Relationship between law & social change
law is both an independent and dependent variable of social change
Jeremy Betham
law as a mechanism for social change
Fredrich Karl von Savigny
law is not an efficient tool to facilitate social change
superficial, insufficient to change underlying structures
Law as the dependent variable
as rate of social change increases, law becomes faster + more likely to respond
Law as the independent variable
law as a tool to induce social change
Law as the dependent variable: factors that impact law
social conditions, societal values, technological changes
Role of law in social change
direct + indirect effects of law
Types of changes through law: Planning
address issues, implement change, achieve desired outcomes
Types of changes through law: Disruption
interruption of existing structures
Law as an instrument for social change: Institutionalization
norms are established in society
Law as an instrument for social change: Internalization
society internalizes norms
Evans: societal conditions shaping law’s efficacy for social change
requirements for law to be internalized
authoritative source
supported by existing social values
reference successful laws
changes made fast
committed law enforcement
positive + negative sanctions
reasonable enforcement
explicit clear rules + transparent information
Advantages of law for social change: Intention
deliberate + focused
Advantages of law for social change: Legitimacy
common idea that law should be obeyed
Advantages of law for social change: Bindingness
brings social order + compels behaviour
Advantages of law for social change: Sanctions
penalties + rewards
LGBTQ Rights: Egan v. Canada
sexual orientation is constitutionally protected + read into Charter by Supreme
LGBTQ Rights: Vriend v. Alberta
Supreme read in sexual orientation as basis for discrimination within Alberta’s Individual Rights Protection Act
LGBTQ Rights: Civil Marriages Act
federal law legalized same-sex marriage
LGBTQ Rights: Bill C-4
criminalized conversion therapy
Indigenous Rights: R. v. Drybones
Drybones convicted under Indian Act for intoxication off the reserve. Supreme held Section 94 as unconstitutional for racial discrimination
Indigenous Rights: Lovelace v. Canada
UN Human Rights Committee finds Indian discriminatory based on sex for marriage status
Indigenous Rights: Haida Nation v. BC
government has legal duty to consult + potentially accommodate Aboriginal interest even without proven land title
Resistance to change
hinders efficacy of law as an instrument
Factors of resistance to change
social, psychological, cultural, economic
Limitations of law for social change
power, societal morality + values
