Table of Contents

Course outline
Lecture 13 - October 16
Lecture 14 - October 21
Lecture 15 - October 23
Lecture 16 -October 28
Lecture 17 - October 30
Lecture 18 - November 4
Lecture 19 - November 6
Lecture 20 - November 11
Lecture 21 - Novemver 13
Lecture 22 - November 18
Lecture 23 - November 20
Lecture 25 - November 27
Final Exam - Essay Questions




Alan Hall
Faculty
Phone: (519) 253-3000 ext:253-3000 ext.2202;
Email:hall4@uwindsor.ca



Department of Sociology, Anthropology and Criminology

University of Windsor
401 Sunset Avenue Windsor, Ontario Canada N9B 3P4


Law and Social Justice
48-261
Course Outline

Instructor: Dr. Alan Hall

Office Hours: Tuesday or Thursday, 1:30-3:00 P.M. or by appointment.

Office: Rm. 161-1 CHS
Telephone: Ext. 2202
e-mail: hall4@uwindsor.ca

Required Textbooks:

Neil Boyd (2002) Canadian Law: An Introduction. 3rd edition. Toronto: Nelson.

48-261-01 Law and Social Justice. CourseWare Package (available at bookstore)

Course Description

This course examines the relationship between law and social justice emphasizing the Canadian context. Along with an introduction to key sociological concepts and perspectives on law, you will learn about the different types of law, how laws are made and interpreted, how laws are enforced, how the legal system operates, and what the consequences of law are for different aspects of social justice. Although social justice can be approached in various ways, the central concern in this course will be to assess how and to what extent the law addresses social, political, and economic inequality.

Course Requirements

Five Quickwrites (see Course Schedule below): Ten minute In-Class written responses to question(s) on assigned reading:

You get best 4 of 5 5% each x 4 = 20%

Small Group Discussion Reports: Short In Class Group Reports on Discussion of Questions on assigned reading.

You get best 5 of 6 3% each x 5= 15%

Mid-term Exam True/False; Multiple Choice 25%

Final Exam Multiple Choice; Essay Questions 40%
* Please NOTE:
- If you are absent for the exams or fail to write the minimum number of quickwrites/small group reports, you will require written proof of a legitimate reason for your absence (e.g. a Doctor’s note). A phone number should also be provided to allow confirmation of the authenticity of the note. Where possible, please notify the instructor prior to the class or exam in question.
- Exams will be based on readings, films, and lectures.
- In case of disagreement over final grades, do not throw away any of your Quickwrite and Small Group Reports until the course is completed.

Determination of Total Marks and Final Grades

Total marks will be the sum of the grades from the above components of the student evaluation. Final grades will conform to the mark ranges shown below.

A+ 93-100C+ 67-69.99F 36-49.99
A 87-92.99 C 64-66.99F- 0-35.99
A- 80-86.99C- 60-63.99
B+ 77-79.99D+ 56-59.99
B 74-76.99D 53-55.99
B- 70-73.99D- 50-52.99

Course Schedule

September 4 Introductions and Overview of the Outline

Key Questions for Lecture and Discussion:
What is law?
What is social justice?
How does law relate to social justice?

September 9 A Basic Architecture of Law and the Canadian Legal System

Key Questions for Lecture and Discussion of Reading
What are different types of law (public vs. private; statute vs. case law; criminal, family administrative, constitutional, tort)?
What are the main differences between these types of law in function and application?
What are the key historical points in these major areas of law?
What are the limitations of case law vs. statute law from a social justice perspective? Public vs. private?

Reading for this class:
Chapter 2, Boyd
September 11 Architecture - Continued

Key Questions for Lecture and Discussion of Reading: Small Groups
What are the main contexts of law-making - Legislatures, the Courts, Tribunals?
How are laws made?
What is the structure of the court system in Canada?
What is the basic court process?
From a social justice perspective, what are the limitations of the adversarial process?
Why is the formality of the courts a problem from a social justice perspective?

Reading for this class:
Chapter 5, Boyd

September 16 Legal Theory Perspectives

Key Questions for Lecture and Discussion of Reading
What is the role of Law?
What is the impact of Law?
What are the origins of laws?
How do these perspectives differ in their view of the relationship between law and Social Justice?
What are the different implications for social action?

Reading for this class:
Chapter 1 Boyd

September 18 Sociological Perspectives on Law

Key Questions for Lecture and Discussion of Reading
What is the role of Law?
What is the impact of Law?
What are the origins of laws?
How do these perspectives differ in their view of the relationship between law and Social Justice?
What are the different implications for social action?

Reading for this class:
Chapter 1, Comack and Brickey, Courseware package




September 23 The Origins of Drug Laws: Pluralist vs. Marxist Accounts

Questions for Lecture and Discussion: Quickwrite
From Cook’s perspective, what three factors explain the development of Canada’s drug laws in the early 1900s?
How does this argument illustrate a pluralist perspective?
What is Comack’s critique of the facts and the pluralist theory behind Cook’s argument?
What factors does Comack identify to explain origins of the drug laws?
What function did the opium laws perform from a marxist perspective?

Reading for this class:
Chapter 2, Comack, Courseware Package.

Recommended Readings:
Nick Larsen The Politics of Law Reform: Prostitution Policy in Canada, 1985-1995 in Nick Larsen and Brian Burtch Law and Society: Canadian Readings. Toronto: Harcourt, 1999, pp.60-74
V. Walters Occupational Health and Safety legislation in Ontario: an analysis of its origins and content. Canadian Review of Sociology and Anthropology 20(4), 413-434.

September 25 - Feminist Theory on the Origins of Child-related Law

Questions for Discussion: Small Groups
What major changes occurred in the treatment of children, adoption and education during the nineteenth century?
What does Peikoff and Brickey mean by the reproduction crisis and how does this explain the changes in child related laws?
How is the crisis related to changes in work and the family?

Reading for this class:
Chapter 3, Peikoff and Brickey, Courseware Package.

September 30 Social Justice and Judicial Interpretation of the Law.

Questions for Lecture and Discussion:

What are the rules and principles of judicial statutory interpretation?
What sociological factors influence judicial decisions?

Reading for this class:
Chapt 3 Boyd
Recommended Reading:
G. Christie Judicial Justification of Recent Developments in Aboriginal Law. Canadian Journal of Law and Society. 17(2), 2002, pp.41-71.

October 2: Enforcement and Punishment - The Case of Corporate Crime

Questions for Lecture and Class Discussion: Quickwrite
How do enforcement agencies decide on questions of enforcement?
What sociological factors influence enforcement decisions?
What are competition offences?
What factors help to explain why individuals are often not charged for these offences?
What does power have to do with the pattern of prosecutions?

Reading for this class:
Chapter 4, Stanbury, Courseware Package

October 7 Review for Mid-Term

October 9 Mid-Term Exam


October 14 The Constitution and the Charter of Rights:

Questions for Lecture and Discussion of Reading:
What rights and freedoms are provided by the charter?
Who should benefit? Who does benefit from these rights?
What are the limits of these rights? e.g. the Freedoms of speech and assembly
How are these rights being interpreted by the courts?
Are the courts intervening in areas better left to parliament?
How does the charter relate to the concept of rule of law?

Reading for this class:
Chapter 4, Boyd

Guest Speaker

October 16 Aboriginal Rights

Questions for Lecture and Discussion of Reading: Small Groups
In what ways is the Canadian Charter incompatible with Native conceptions of human rights?
What are the philosophical and ideological differences between native and European cultures which underlie the incompatibility?
What are the social structural bases of these differences?
What are the implications for native rights?
Are there universal human rights, and if not, what are the social justice implications?

Reading for this class:
Chapter 5, Boldt and Anthony, Courseware Package

October 21 Administrative Law

Questions for Lecture and Discussion:
What is administrative law?
How is administrative law important to social justice? The rule of law?
What is the principle of procedural fairness?
How fair are Canadian and provincial governments?
Reading for this class:
Chapter 9, Boyd

Film: The Invisible Law

October 23 Regulative Law: Environmental Issues

Questions for Lecture and Discussion of Reading:
What are the limits of environmental law in Canada?
How does current government thinking and policy help to explain the Walkerton tragedy?

Reading for this class:
Chapter 6, Christensen, Courseware package

Film: The Force of Law

October 28: Labour Law

Questions for Lecture and Discussion of Reading: Quickwrite
What are the different areas of labour law?
What are their strengths and limitations with reference to workers’ conditions and rights?
Has the law favoured certain groups in society?
How has pay equity law addressed gender inequities in employment?
What are the limits of the pay equity approach and why?
Reading for this class:
Chapter 7, Fudge, Courseware Package


October 30 Human Rights Law

Questions for Lecture and Discussion of Reading:
What is human rights law and how does it operate to protect human rights?
How effective has it been? What are its limits?
What are the impacts of financial restraint on human rights tribunals?

Reading for this class:
Chapter 8, Johnston and Howe, Courseware Package

Film: Discrimination in the Workplace


November 4 Poverty and Access to Justice

Questions for Lecture and Discussion of Reading: Small Groups
How should access to justice be defined?
Can/Are the interests of the poor advanced through the law? If not, why not?
What can/should lawyers do for the poor?
What alternatives or changes are needed to improve access?

Reading for this class:
Chapter 9, Gavigan, Courseware Package

November 6 Family Law

Questions for Lecture and Discussion:
How has family law changed (marriage/divorce/support)?
Why the changes?
What are the impacts of these changes on women and children?
Why these impacts?

Reading for this class:
Chapter 8, Boyd

Film: Out for Justice

November 11 Child Custody

Questions for Lecture and Discussion: Quickwrite
What is the significance of the Tyabji decision?
What assumptions or concepts of motherhood underlie the decision?
What is problematic about the primary caregiver standard as applied here?

Reading for this class:
Chapter 10, Susan Boyd, Courseware Package.

November 13 Torts

Questions for Lecture and Discussion:
What are the different types of torts?
What are the strengths and limitations of using torts to compensate wrongs? to control socially harmful behaviour?

Reading for this class:
Chapter 7, Boyd

November 18 Product Safety: The Limits of Litigation

Questions for Lecture and Discussion of Reading: Quickwrite
What kinds of litigation have been attempted with what arguments?
What defences have the tobacco companies used and why successful?
What has changed the outcomes of litigation?
What does this history suggest about the limitations of litigation as a public health strategy?

Reading for this class:
Chapter 11, Smith, Courseware Package

November 20 Criminal Law

Questions for Lecture and Discussion:
Why criminalize or decriminalize drugs? Prostitution?
What’s the problem with using subjective intent as a basis for criminal charges?
Is sentencing fair and consistent? Does the punishment fit the crime?

Reading for this class:
Chapter 10, Boyd




November 25 Partner Abuse

Questions for Lecture and Discussion of Reading: Small Groups
How is partner abuse addressed civilly and criminally in Ontario vs. New York State?
What is the police response? The courts in terms of sentencing?
What are the strengths and weaknesses of mandatory arrest policies?
Are current practices sufficient to protect all women? If not, why not?
What reforms in criminal law are needed?

Reading for this class:
Chapter 12, Drumbl, Courseware Package.

November 27: Corporate Crime

Questions for Lecture and Discussion of Reading: Small Groups
Should occupational accidents and disease be treated as crimes?
Why or why not?

Reading for this class:
Chapter 13, Glasbeek and Rowland, Courseware Package.


December 2 Exam Review and Wrap-up

Questions for Discussion:
Has social justice been improved through law?
Can more be achieved?
What limits those achievements and what can be done to achieve more?






































48-261 Law and Social Justice
Instructor: Alan Hall

Courseware Contents:
Elizabeth Comack and Stephen Brickey, Chapter 1: Introduction - Theoretical Approaches to the Sociology of Law, In E. Comack and S. Brickey (ed.), The Social Basis of Law (2nd edition) Halifax: Garamond Press, 1991, pp.15-32.

Elizabeth Comack The Origins of Canadian Drug Legislation: Labeling versus Class Analysis. In T. Fleming (ed.) The New Criminologies in Canada; State, Crime and Control. Toronto: Oxford University Press., 1985, pp.65-86.

Tannis Peikoff and Stephen Brickey Creating Precious Children and Glorified Mothers: A Theoretical Assessment of the Transformation of Childhood. In E. Comack and S. Brickey The Social Basis of Law, 2nd ed. Halifax: Garamond Press, 1991, pp.71-94.

W. Stanbury Public Policy Towards Individuals Involved in Competition Law Offences. In F. Pearce and L. Snider Corporate Crime: Contemporary Debates Toronto: U of T. Press, 1995, pp.214-242.

Meno Boldt and J. Anthony Long Tribal Philosophies and the Canadian Charter of Rights and Freedoms. In J. Banfield Readings in Law and Society. Toronto: Captus Press, 1999.

Randy Christensen Canada’s Drinking Problem: Walkerton, Water Contamination and Public Policy In Susan Boyd, D. Chunn and R. Menzies (ed,) Toxic Criminology: Environment, Law and State in Canada. Fernwood, 2002. pp. 97-111.

Judy Fudge The Paradoxes of Pay Equity: Reflections on the Law in Bell Canada and the Public Service Alliance of Canada. Canadian Journal of Women and Law. 12(2), 2000, pp.313-344.

David Johnston and Brian Howe Human Rights Commissions in Canada: Reform or Reinvention in a Time of Restraint. Canadian Journal of Law and Society.12 (1), 1997, pp.1-34.

S. Gavigan Poverty Law, Theory and Practice: The place of class and gender in access to justice. In E. Comack (ed.) Locating Law: Race/Class/Gender Connections. Halifax: Fernwood, 1999, pp.207-230.

Susan Boyd Looking Beyond Tyabji: Employed Mothers, Lifestyles and Child Custody Law. In S. Boyd (ed.) Challenging the Public/Private Divide. Toronto: University of Toronto Press 1997 pp.253-279.

Stephen Smith “Counterblastes” to Tobacco: Five Decades of North American Tobacco Litigation. Windsor Review of Legal and Social Issues. Vol. XIV, November, 2000, pp.1-32.

M. Drumbl (1999) Civil, Constitutional and Criminal Justice Responses to Female Partner Abuse. Proposals for Reform In Nick Larsen and B. Burtch Law in Society: Canadian Readings. Toronto: Harcourt, 1999. pp. 219-255.

Harry Glasbeek and Susan Rowland Are Injuring and Killing in the Workplace Crimes
In Neil Boyd The Social Dimensions of Law Toronto: Prentice Hall, 1986, pp.66-85.



Small group discussion - different questions for different groups (maybe three questions - one for five groups, one for another five, and so on) and they report and discuss their points - they report on their question, I get comments from other students who want to make comments, I make some and then we move on to next group. I take 10 minutes to address the basic issue and questions - then form the groups every five move together; allow for five minutes here assign the questions and they get 20-30 minutes to discuss and write an answer to question, and forty minutes to report and discuss (15 minutes on each question) To consider - smaller groups? Only one or two questions?




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