SOSC 1375 Lecture Notes - Lecture 4: Restorative Justice, Tl;Dr
13 Sep 2016
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Laws grow from customs, traditions, and social behaviour and norms. Law draws a boundary of acceptable and not acceptable: based on old christian ways of thinking. Law: rules that construct a society: force normative order within a social group o. Institution of the state - help enforce these laws. Legal pluralism: two legal systems coexisting together in a geographic area. Aboriginals have their own legal system and they never surrendered it up. It""s not just trying to mediate past wrongs, it"s recognition on past documentations that they have their own right to their own legal system o. Soft legal pluralism: the white legal system and aboriginal system do not coexist properly together: customary law, supervisor and supervised. The girlfriend, an aboriginal, stabbed her flirtatious boyfriend in the heart and killed him, for believing that he was cheating on her. The judge saidthat she should be treated differently because she is an aboriginal citizen.
