SOC 225 - The Social Context of Dispute Settlement PDF

The Social Context of Dispute Settlement and the Rise of Law ​ In criminal law, the state declares itself the injured party. ○​ Crimes are not committed against each other but against society. The Classification of Societies based on the Mode of Production - Lenski ​ Hunting & Ga...

The Social Context of Dispute Settlement and the Rise of Law ​ In criminal law, the state declares itself the injured party. ○​ Crimes are not committed against each other but against society. The Classification of Societies based on the Mode of Production - Lenski ​ Hunting & Gathering - nomadic lifestyle; foraging for food ​ Pastoral - still nomadic, but with domesticated animals (herds of them); still foragers ​ Horticulture - people learnt that they could grow their own food instead of foraging for it ​ Agricultural - animal and crop rearing ​ Industrial - machine-run society Small-Scale Society and the Origin of Law ​ For most of human history, the mode of production was hunting and gathering. ○​ Small societies and communities. ​ Strong collective solidarity ensued. ○​ Social bonding rested on similar beliefs and values, shared activities, cooperation, and ties of kinship. ​ No centralized structure for decision-making. ​ Absence of surplus, stratification and the state. ○​ Everybody was equal, no government/codified set of laws. ​ Absence of expulsion from society in cases of disputes. ○​ Every individual was beneficial to the community. Dispute Settlement ​ Self or Kin-based redress The Slow Emergence of Social Power and Inequality ​ As hunter-gatherer communities evolved into more complex societies, the mutual independence of group members began to diminish. ​ Some members could generate a surplus of goods - had the same effect as having money and thus more power. ○​ Surplus caused inequality within the society. ​ The concept of “private property” emerged creating greater social power for some. ○​ The ones with a surplus got the most desirable plot of land. ​ Those with the most power developed ‘rules’ and handled disputes. From Small-Scale Societies to Feudalism ​ Established in England at the beginning of the 12th century. ​ Dispute settlement practices were replaced by laws established by feudal lords. ​ As feudalism developed, the notion of collective responsibility was replaced by individual responsibility. ○​ Money settlements and fines were used to settle serious disputes. Changing Forms of Dispute Resolution ​ Feudalism falls apart due to the Crusades, the black plague, etc. ​ Gradually, the central authority of the king emerged to replace the authority of feudal lords. ​ The king's system of writs and courts created a “common law”. ○​ Common law - the part of English law that is derived from custom and judicial precedent rather than statutes. The Rise of the Merchant Class - 1600s ​ Class of people developed for the sole purpose of long-distance trade. ○​ These journeys were expensive - equipment, ships, product/material. ​ Merchants borrowed money from personal investors and would pay them back with sales from their trades. ​ To ensure that the borrowed money was returned, legal contracts and lawyers grew in importance. Jacques Rolland & Louisbourg ​ Rolland was raised in a wealthy family - up until the death of his father. ○​ He takes on a job as a clerical worker for Mervin et fils. ​ He travelled to Louisbourg to broker trade between settlers and company. ​ The “Community of Goods” Act was signed. ○​ Community of Goods - respects the property each partner brought into the marriage; property to remain with the owner upon dissolution of the marriage. Interest Groups and the Law ​ Some laws embody a consensus or agreement that contribute to societal stability. ○​ Ex: Murder, treason, pedophilia ​ Not all laws embody a consensus; some laws only reflect the beliefs of special interest groups and “moral entrepreneurs". ○​ Ex: Drug legislation (prohibition of the manufacture of opium for the purpose of smoking) and the “Head Tax” to criminalize Chinese immigrants in favor of European immigrants. A Failure to Regulate ​ The state governs and writes the laws, but sometimes these laws are inadequate. ○​ Transnational corporations are some of the most powerful special interest groups. ​ They greatly influence state policies and laws and have the resources to resist government efforts to regulate them. ​ Cases of failure to regulate the crimes of transnational corporations (a crisis of legitimacy): ○​ The Ford Pinto/Chevrolet Malibu case ​ Engineers moved gas tank closer to bumper to increase leg room. ​ Engineers knew that of the car was hit from behind, it would explode, but the company still went ahead with the design choice. ○​ The introduction of oxycodone by Produpharma. ​ Oxycodone, despite being an extremely good, long-lasting painkiller was more addictive than morphine, codeine, etc. ​ They lied to doctors and the government stating that it was “less addictive” than other drugs on the market. ○​ Workers’ exposure to asbestos. ​ The government knew that it was carcinogenic, but still did nothing to stop asbestos sales. ○​ Exploitation of free trade zones ​ The law is only strong so long as we agree that it is legitimate. Being “Tough” on Street Crime, but Soft on “Suite” Crime ​ The Conservative federal government is especially vocal about curbing street-level crime.  ○​ But it has done much less to combat corporate and white-collar crime. Full Circle: Restorative Justice and a Return to Original Forms of Dispute Settlement ​ Indigenous justice that has been reintroduced for many crimes in the Canadian Justice System.