SOC216H5 Study Guide - Final Guide: Precedent, Saskatoon Freezing Deaths, Moral Panic
Document Summary
Law on the books vs. law in action: the way people envision the law to be enacted doesn"t always happen (esp. with judges, race neutral law on the books, really had other motives behind it. Wiped it clean to make it sound racially neutral. Ulterior motives by those making the law to control chinese immigrant population. Judge read letter of law so ignores this case surprising outcome, juxtaposition. Even if you control everything, always a potential for a surprising: judicial precedent later gets ignored outcome. Principal of stare decisis judicial law sets precedence for future cases. Although law is repressive, yee clun had the resources to create a case. Not everyone has resources like clun to launch a challenge. Supreme court of canada struck down the laws. Lawmaking: two competing strands happening at this time, labour. On some level, also about economics (i. e. economy, worker rights) Chinese women could not enter canada: morality.
