Crim 2P33 test 2
Settler Colonialism
Columbus, Brock and Ryerson shared invovlement in our connection to new settler population displaying indigenous
- a system where settlers perform mass genocide through physical and cultural means
Crime of Genocide
- killing members of the group
- causing serious bodily or mental harm to members of the group
- inflicting on the group conditions of life to bring about its physical destruction in whole or in part
- imposing measures intended to prevent births within the group
- forcibly transferring children of the group to another group
Criticisms of Genocide
- Intent to destroy can be seen as restrictive as it needs to be established by someone
- Focuses on physical and biological, excludes cultural destruction
The Indian Act (1876)
- Act of Canadian parliment
- Designed to assimilate indigenous into euro-christian culture
- Strategy of cultural genocide
- Characterized by sexual and physical abuse
Age of empire
A period of European imperialism in which european powers aquired and controlled colonies
Doctrine of Discovery
used to justify colonization based on the idea that discovering new lands gave the right to claim these lands
Coveture
- 18th century common-law principle that regarded married women to be under authority and protection of her husband
- Women were suspended of their legal existence as an individual under "marital unity"
- allowed husband exclusive rights to family decisions and property
Patriarchy identity ex.
women married multiple times must change their surname whereas men keep the same last name
Patriarchy embeded in religious doctrines - Christianity
A woman must receive instruction silently and under complete control
"I do not permit a woman to teach or to have authority over a man as adam was first then eve"
Patriarchy embeded in religious doctrines - Islam
men are managers of the affairs of women becuase allah has made the one superior of the other
Patriarchy embeded in religious doctrines - Orthodox Judaism
Only a man can issue a “get” and without it a divorced woman's new marriage is regarded as null and void
Feminist Legal Theory
- Laws reflect men’s culture and perspective: reflecting androcentric values
- Woman oppresion due to these laws
- Patriarchal thinking responsible for male-dominated jurisprudence (e.g. laws that guide marital relationships)
Representation in Canadian Parliament
- Males have a 70% representation in the house of commons
- Females have a 30% representation in the house of commons
Saudi Arabia
- Women for election for the first time in Dec 2015
- Were allowed to drive for the first time in June 2018
Improving Womens Rep
Legislated quotas:
- consitution or laws mandating a percentage of women in political positions
Proportional representations:
- Allocating seats in parliament based on popular votes, then allowing parties to nominate woman accordingly to occupy these positions
Feminist Legal Theory (definition)
Seeks to uncover history of laws in womens marginalization; perspective that examines and challenges laws and legal impact, aiming to promote equality
Critical Legal Theory
Argues that laws reflect dominant values, are not neutral and exist to support existing issues
Privitization
refers to transferring responsibility over social issues and institutions from the public sphere to the private
- Issue can be that private companies may value profit over the individual
13th Documentary arguments
1. Prison system profits from mass incarceration
2. Incarceration rates are increasingly higher
3. Biases in the justice system (blacks are more likely to be arrested)
4. Prison system dehumanizes and mistreats prisoners
5. War on drugs contributed to high incareration rates
6. Media plays a role in displaying black people as criminal
Woman Equality Arguments
1. Girls and women are not equal to boys and men in society
2. Cultural and traditional beleifs reinforce inequality
3. Restrictions and limitations on freedoms and oppurtunities
4. Pressure to conform to societal expectations and roles
5. Ineqaulity extends to relationships, job oppurtunities, and freedom
Viable Policies for Aboriginals arguments
1. Implement reconcilation and healing programs
2. Recognize and affirm indigenous land rights and title
3. Invest in indigenous education
4. Access to justice by including indigenous rep in legal positions
5. Support the economic growth of the indigenous
6. Increase funding for indigenous healthcare