WEEK 6 Flashcards
How much budget of the criminal justice system goes to the police?
2/3
Is there empirical variance in how different groups in Canada experience the criminal justice system?
Yes it does , people of minorities have different experience
What kind of state is the Canadian state, and how does this affect criminal justice system?
In general it’s a patriarchal state where men are disproportionately in power
What is conflict theory?
Competition’s between group within a society over limited resources
Recall conflict approach contrasts with value consensus view?
People generally agree with the principles of the law so that help the with legitimacy, Chart of Rights and Freedom… Unites us
How is criminal law created? Why and for what purpose?
Most of us would all agree that murder is wrong, big picture all have the same view (value consensus), but conflicts for example in religious standing
What is an example of conflict theory?
Marxism
What is a Dialectical approach?
fancy way of saying that the law is both the outcome of specific history and social relations, and the law can shape these same historical and social conditions
What can you say about the law from a conflict lens?
pluralist assumptions (neutral state and value consensus) are challenged, and subjected to question about whether the state in fact favours certain interests or groups, and whether certain values are prioritized over others (e.g. individual rights vs. collective rights – recall for police video discussion)
What is the strength of conflict theory?
One strength of conflict theory is that it alerts us to situations of power inequalities and competing interests which value consensus approaches might miss
What would be a weakness of the conflict theory?
it cannot easily explain situations where there is consensus in society (e.g. bestiality) common understanding of what a problem, but conflict theory can’t easily explain why less powerful groups have sometimes manage to use the law
How do social structures contextualize, shape or limit social relations and political outcomes? (beyond critical approach)
The answer is often based on class relations between dominating class for instant as opposed to working class
What is a key premise with conflict theory?
the dominant groups will seek to protect and reproduce their privilege When others seek to change things, the state is the site where they pursue this
What would be an example
Climate change activists: Can ask yourself in a disagreement between youth led climate change discussions and some of the resistance to that at the political level whether one generation is seek to protect and reproduce it’s privileges namely the older generation whether younger people will be able to affectively challenge that
What are the state seen to pursue two main tasks?
1) accumulate capital (usually in ruling interest, sometimes not)
2) foster and maintain social cohesion
Note that this is an ontological explanation of the state – i.e. the state exists because of these two main goals
