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58 Cards in this Set
- Front
- Back
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Civilization and its discontent |
The idea that most of us get our happiness from the Pleasure Principle (Freud) Suggests we want immediate gratification, we want to be happy right now |
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Reality principle |
Since we need people around us in order to live, we need to sacrifice some of the pleasure principle for society. - curving our desires and delaying our gratification to fit into society appropriately. this is where our unhappiness comes from |
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Three types of tolerable differences |
(1) Legitimate Having the right to be deviant, having the right to be different (2) Non-Criminal Things that aren’t necessarily deviant, but are not necessarily criminal either (3) Criminal Ex. Smoking weed, underage drinking, etc. |
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Victimless crimes |
Two types of laws that deal with victimless crimes 1) “Mala in se” For things that are common sense, things we can all agree that are bad 2) “Mala prohibitum” For things that are against the rules simply because they are prohibited |
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Problems with the law |
- Might be too strict - Doesn’t allow for the certain amount o deviance we need in society for everything to function properly - Reflect conservative standards not accepted by the majority - Questions arise such as who’s morality we are enforcing, and whether or not it is the morality of the more conservative part of our society - Based on out-dated morality - Morality changes quickly but for us to change the laws with it will take a long time |
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Utilitarianism |
Kantian philosophy (deontological argument) - Deontologists suggest that morality is not based on the consequence of the action but rather on your intention - how do you define morality? |
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Jeremy Bentham |
- Consequentialists - Suggests we have to measure morality based on the consequences. If the consequences are good then it is moral, if the consequences are bad then it is not moral |
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Utilitarianism and Law |
- Now that we have defined morality as any action that has a positive consequence, the government can follow this - As long as laws make the majority of people happy, then they are good laws |
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Hedonistic Calculus |
Different ways to measure happiness: the intensity of it, the likeliness of it existing, how fast it comes around, etc. |
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John Stuart Mills on Liberty |
- Two mechanisms of the control of authority -Problem with the law is that someone has to establish it - Power is coercive by nature; power enforces itself upon us |
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Problem with democracy |
- Democracy has to protect the right of that 1% |
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The Harm Principle |
- The role of the government is to make sure that you and your property is not being harmed by someone else |
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Three basic liberties |
- Freedom of speech - Freedom of consciousness - Freedom of association |
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Harmful vs Offensive |
- In society, you have a right not to be harmed, but you don’t have a right to not be offended |
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Egoism |
- Suggests that the only duty you have is to yourself |
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Lord Devlin & HLA Hart |
- Suggests a paternalistic state - Says the job of the government is not just to protect you from being harmed or to stop you from harming other people, but it is also to establish a certain amount of morality, to keep the social glue together. Part of doing this is to impose morality on you - Says you have a positive duty towards society. It is the job of the government to MAKE you productive, to make sure you are not harming yourself, to make sure that you are a contributing member of society |
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Limitation Clause |
- The government has a right to limit your freedom in a free and democratic way (i.e. court rooms) |
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Oakes Test |
- Nature of Objective (The goal must be a pressing and substantial issue Government must show that there is a legitimate objective for what they are doing) - Nature of the Prohibitory Action 1) Law must be rational 2) Law must be minimally intrusive 3) Law must be proportionate |
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Prostitution |
- Theoretical Approach - Subcultural perspective - Social functions of sex work - Feminist perspective - Classical - Contemporary - Equality First - Free Choice First |
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Illicit Drugs |
- Subcultural perspective - RationFunctionalist theories - Critical perspective - Structural Marxist - Instrumental Marxist |
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Policy Implication |
Criminalization approach - Harm reduction approach - Alternatives to criminalization - De-criminalization - Legalization |
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The need for police |
- Minimal force - Consent - Polis and Police |
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Critical comments about need for police |
- presumptive compliance and presumption of superior force - precondition for correctly assuming that the communty if on the whole compliant - The minimal or city-state is engirely defined by its internal function of providing the conditions of urban life |
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Schizo police |
Police no longer existed within a homogenous culture/space |
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Polices unique capacity to use force |
But police can use force in all contexts as opposed to other people who are limited Intensity matters to, they have the capacity to use force but they have to do so in a very restrained way, unlimited scope but limited intensity |
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Critical comments about capacity to use force |
- to whom does this paradigm apply - public and private policing - legislative hollowness - No real guidelines to when to use force - the legislation does not meet the reality of the situation |
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Supply and demand for force |
we tell police that they can use as much force as you want but you are restricted - Although less than 1% of calls to the Canada leads to the force, a large percentage of the callers want the use of force - Larger demand than actual supply |
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From response to responsibility |
- police has responsibility to keep the city safe - The idea is that they will serve and protect everybody, even non abiding people like criminals - But the response to the situtation, and the use of force itself could be conceptualized as one option amongst many at fulfilling this responsibility - Most importantly, is the gap between the desire to use force/ability to use force/mandate and the requirement to use force minimally can be breached if we talk about police competence |
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Police competence |
- Maybe police doesn’t necessarily need to use force, as long as they just have the potential to use it it should be good enough - the very act of police itself, is in itself an exersion of force its cohersive for them to come up to you - when we talk about minimal use of force we often mean zero amount of force, because their presence is enough |
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Features of the police use of force paradigm |
- Progressive orientation - Police visibility - Virtual force - Fragmentation - Demand side theory - Substantial tensions (Competence and performance, Dynamics of the physical struggle) |
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Use of force by Canadian police |
- Demonstrated threat (first level is cooperating, next level is not cooperating, third level is resistance, fourth level is bodily harm, fifth is compliance tools |
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High policing |
High policing is intelligence gathering policing - Has been at the heart of policing for a long time - Surveillance has always been a part of law enforcement technology - Most countries have two types of leasing and major policing, one that looks after internal matters (NSA of US, or RCMP in Canada), and another organization that looks after intelligence issues that are extern (mI5, CIA), US has 16 of these covert organizations - High profiling is looked as prestigious - Low policing is looked as policing the lamp posts, the only thing you can see were the prostitutes and criminals under the lamp post |
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Different aspects of High policing |
- Protection of the Political Regime/Institution (protecting national security/political regime) - The State as Intended Victim (scope and action-ability differences with low policing) - The Utilization of Criminals (false information, offenders systematically used, torturing outside of country) - Use of informants (causes mistrust, wiretapping) - Secrecy (high policing secrecy doesnt end, low policing it comes out - Deceit - Conflation of Seperate Powers (legislative, executive, and judiciary) - Extra-legality |
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Operational procedures |
- Capacity of analysis (wall between high policing agencies and low policing, has little to do with aim of action - With police information is only useful if you can use it on a court of law ) - Preventative Intelligence versus Prosecutorial Evidence - Disruption and Circumvention |
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Informants |
- Secrecy (privilege of not losing right to anonymity) - Morality of informing: ambiguity |
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Types of informants |
- Anonymous Denunciators: - Statutory Informants - Police sources - delinquent informants - Police undercover officers - police informants (police agents, and police sources) - Protected witnesses |
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Consequences of using informants |
- Compartmentalization - Unreliability - Licensing criminals - Corruption |
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Signal intelligence |
- Privacy is a shared value - Surveillance is one sided - Surveillance generates legal records - Surveillance produces actionable intelligence |
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Counter-trends in surveillance |
- The cult of visibility and the current exhibitionism - disoriented surveillance - words and images - predicting and engineering |
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Labour |
The only thing that adds value to something is labour - Adam calls surplus value and Marx said its exploitation |
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Alienation |
Happens in 3 formats 1) alienation from the worker from the work/product of his or her labor - Ford was the one that started the assembly line, in a factory 2) Alienates us from the very act of working - no satisfaction - cant even afford to buy it or enjoy it 3) Alienating worker from himself and from the workers around him |
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False consciousness |
- public education system teaches you how to shut up and sit down and listen, and it doesn’t produce critical thinkers |
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Capitalism |
the cause of crime 1) There is crime of passion - Most crimes are crimes of property ex. Robbing the ban |
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Instrumental marxism |
suggest capital class/bourgeoisie, uses law as a tool as an instrument of power of keeping lower classes down |
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Structural marxism |
we are not trying to protect capitalism abut protect capitalism in it self - Does not protect individual capitalists but protects capitalism |
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Political police |
job of police is not to protect and serve us but to serve the upper class - synonymous with the state |
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Critical race theory |
- Centrality of race, as the most important single factor -Opposes color blind policies we should not be color blind law should be beneficial to minority -Deconstructionist approach to law (need to deconstruct situations, its never just a coincdence) |
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Feminism |
- Hegemonic masculinity - Understanding of sex itself for boys is very unhealthy (adonis complex) |
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Types of feminism |
- Marxist feminism in 2 ways 1) capitalism 2) men in their lives |
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Left realism |
- Need to change system from root - Says the problem is the system and we have to change that, and we should try to make it better for people that live in it right now - Pre-emtive deterrence - It means prescence of equaliy and prescence of mutual effect , need to provide an environment where we canhave a mutual respect for ideas |
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Military policing |
- RCMP kind of model after the military, meant to look exactly lie the british police force -Uniform reminds you more of the military than the police uniform - The cars - Visibility has less to do with accountability and more to do with deterrence - Discrepancy - Insulation does not allow outside influences in the force - RCMP not allowed to unionize |
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Paramilitary policing |
- More like military that looks like police - Certain parts of Asia, especially South-East, Afganistan they try to have a civilian police - The police started acting like the militart wasn’t to serve the population but to keep the slaves in check in early Brazil - Had exta legal powers, if police does it then it is legal |
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paramilitary and high policing |
- Means, they act in secret, extra legal, there to protect political regime, don’t necessarily respond at the mercy of public opinions, all the extra-legality mostly kind of applies to paramaraltiary police that operate in places like Afghanistan, brazil, (death squads) - blur line between legislative and judicial branch |
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Police v Military |
- fire power - ethos (culture, community) |
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Extra- legal protection |
Security (lack of worries, more of an emotional state rather than a physical, you feel secured) and Protection (give shelter to, much more of a practical aspect and physical aspect of security, they don’t necessarily have to exist at the same time) |
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Protection |
Processes (what kind of protection is being provided, two types of protection 1) internal protection (within the institution/organization 2) external (offered by a group or an institution to the general population, beyond the institution, can take 3 forms 1) predatory protection, is offered and at such exuberant prices that often times leads to bankruptcy, to make sure no one breaks into your computer stores and break up your computers 3) true protection – give me some reasonable amount of mone and ill protect you against real threats that would be there without me around by extra legal force like the mafia and the police |
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Difference between extortion and when police cause moral panic? |
- Providers (whos providing the protection ex. mafia) - Consumers (are they seeking protection from legal activity?) |
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Difference between mafia and other dictatorial govt? |
- Objects -Threats |
