Sociology of Law

[Pages:3]NOTE: THIS IS A GENERIC DOCUMENT. DETAILS MAY CHANGE FROM TERM TO TERM. IF YOU TAKE THIS COURSE, MAKE SURE YOU GET THE OFFICIAL UPDATED SYLLABUS

FROM THE COURSE WEBSITE.

THE UNIVERSITY OF WESTERN ONTARIO Department of Sociology

Sociology 2260-650

Instructor: Prof. Gaile McGregor

Sociology of Law

Contact information: Home office 433-5920 gmcgrego@uwo.ca

Course Outline

This course will introduce students to a sociological perspective on the law. We will lay the ground for our excursion by examining a number of different theories about the origin of law, the process by which laws are made, and the social functions of law. To put this theory in context, we will then turn to concrete examples of how law works in real life. We will look at some of the more important nuts and bolts of our own legal system, including the branches of law, the principles of judicial decision-making, and the rules of legal interpretation. We will critically examine some currently significant laws and legal issues, with special emphasis on the relationship between law and social change. In an attempt to trace causal connections, we will examine some of the landmark decisions released by the Supreme Court over the last decade, as well as key pieces of social and economic legislation. Cross-cutting themes will include the impact of the Charter, the differences between Canadian and American law, the role of ideology, and the way law mediates between the interests of individuals and the interests of the state.

Course Expectations

This course is designed to get you to think critically to think about the role of law in shaping everyday life. Because law is a complex subject, however, there is a good deal of factual knowledge you will need before you can appreciate the issues it raises. It is important that you keep up with the lessons and participate actively in the discussions. Please be warned that this is a heavy reading course, and each topic builds on what has been covered previously. You will have trouble catching up if you do not do the work throughout the term.

Evaluation

Mid-term quiz Research project Participation (based on contributions to weekly Discussions) Final Exam

20% 30% 20% 30%

Plagiarism

"Plagiarism: Students must write their essays and assignments in their own words. Whenever students take an idea, or a passage from another author, they must acknowledge their debt both by using quotation marks where appropriate and by proper referencing such as, footnotes or citations. Plagiarism is a major academic offence." Essays and assignments must also be original ? that is, they cannot be adapted or recycled from work carried out for another course. Please refer to Scholastic Discipline under the Senate Policy on Academic Rights and Responsibilities at .

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Course Organization

This course is divided into 12 weeks, with each week further divided into two units, each of which is notionally equivalent to a 90-minute lecture. See "Course Components" and "Master Contents List" in the Course Overview folder for further details.

Schedule and Readings

All required readings are available on-line, in folders within each course module labelled Readings & Reference Materials. Details of each week's assignments are provided in individual indexes, as well as in the Master Contents List.

WHAT IS LAW? WEEK 1 1.1 Introduction: The social context of law 1.2 The evolution of legal theory

WEEK 2 2.1 Positive perspectives on law I: From Durkheim to Parsons 2.2 Positive perspectives on law II: The functions of law

WEEK 3 3.1 Critical perspectives on law I: Marxism and critical theory 3.2 Critical perspectives on law II: Feminist revisionism

THE CANADIAN LEGAL SYSTEM WEEK 4 4.1 The Canadian legal system I: Nuts and bolts 4.2 The Canadian legal system II: Canada vs the U.S. (key section)

WEEK 5 5.1 The Canadian legal system III: Lawmaking 5.2 The Canadian legal system IV: Judicial activism

WEEK 6 6.1 The Canadian legal system V: Private law 6.2 The Canadian legal system VI: Public law

LAW & SOCIAL CONTROL WEEK 7 7.1 Law & social control I: Identifying the agenda (vagrancy laws) 7.2 Law & social control II: Recoding behaviour (smoking, prohibition, marijuana reform)

WEEK 8 8.1 Law & social control III: Preventative restriction (gun control laws, anti-terrorism legislation) 8.2 Law & social control IV: Regulating in the public interest (environmental protection)

LAW & SOCIAL REFORM WEEK 9 9.1 Law & social reform I: The evolution of human rights law

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9.2 Law & social reform II: The Charter of Rights and Freedoms WEEK 10 10.1 Law & social reform III: Developing the concept of equality (key section) 10.2 Free unit to work on essay WEEK 11 11.1 Law & social reform IV: Success stories (gays & lesbians, the disabled) 11.2 Law & social reform V: Less-than-success stories (racial minorities, aboriginals, immigrants) WEEK 12 12.1 Law and social (in)justice (key section) 12.2 The limits of law (key section)

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