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SOCIOLOGY 429 (B1) – SOCIOLOGY OF LAW Winter, 2021
W 9:00-11:50
Instructor: Dr. Alison Dunwoody
Office Hours: by appointment via Zoom E-mail: [email protected]
Policy about course outlines can be found in Course Requirements, Evaluation Procedures and Grading of the University Calendar.
Communication:
For questions about course content or course requirements, students are encouraged to use the discussion forums on eClass so that their fellow students can benefit from the information I provide in response. For more personal matters, students should email me. However, for questions or concerns that require
extended discussion (i.e., anything more than a few sentences), students should schedule an appointment.
Please note that grades will not be provided or discussed via email.
Generally, students can expect responses to emails within 24 hours, except on weekends or holidays. I will not respond to emails containing questions that can be answered by simply reviewing the syllabus or other course documents. Please also note that I will not open or respond to emails sent from accounts other than the U of A. Be sure to indicate SOC 429 in the subject line of all emails.
Course Description:
This course focuses on the sociological understanding of law, primarily in the contemporary Western (if not Canadian) context. We will explore how the law not only shapes society, but how law is itself
transformed by societal change. The first third of the course will be primarily lecture based and will cover such foundational topics as “What is Law?” “Theoretical Perspectives on the Law,” “Law and Social Control,” and “Law and Social Change.” Thereafter, each class will be assigned a “Theme of the Day”
with students leading our discussions of various substantive issues related to the Sociology of Law.
Prerequisite: SOC 225 or consent of Instructor.
Course Objectives:
• Understand the socially constructed nature of law and the role it plays in society
• Understand the conceptual and practical points of convergence between legal and social theory
• Understand how laws serve to promote social equality and to perpetuate social inequality
• Understand how laws can function as a form of social control as well as a mechanism for social change
Required Readings:
There will be no required readings associated with the four foundational topics covered from January 20th through to February 10th. Thereafter, for each “Theme of the Day,” there will be one reading chosen by each student presenting on that theme. Readings are due to me at least ten days prior to the presentation
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for which it will be assigned. Readings will be made available to the class one week before the presentations with which they correspond.
Course Format and Delivery:
SOC 429 will be delivered remotely and synchronously. As such, students must be available during class time (i.e., W 9:00-11:50). We will be using Zoom for our synchronous class meetings. Students will need to download Zoom if they have not already done so. Links for each class meeting are available on eClass (under “Zoom Class Meetings”). Please be sure to log in to Zoom using your university email address.
Please note that class discussions will NOT be recorded. While students are encouraged to participate in class meetings with video, it is not required.
Class Schedule:
Jan 13: Introduction to the Course Jan 20: What is Law?
Jan 27: Theoretical Perspectives on the Law Feb 3: Law and Social Control
Feb 10: Law and Social Change Feb 17: Reading Week – No Class
Feb 24: Theme of the Day: Minorities and the Law Mar 3: Theme of the Day: Women and the Law Mar10: Theme of the Day: Family and the Law Mar 17: Theme of the Day: Education and the Law Mar 24: Theme of the Day: Religion and the Law Mar 31: Theme of the Day: Health and the Law Apr 7: Theme of the Day: Employment and the Law Apr 14: Theme of the Day: The Environment and the Law
Course Requirements:
Assignments (20%) – due by 4:00 pm January 29 and February 12 Presentation (30%) – scheduled for February 24-April 14
Term Paper (30%) – due on April 14 Participation (20%) – throughout the term
NOTE:
All documents to be submitted via eClass MUST be in either .doc or .docx format. No other formats will be accepted.
Assignments:
Students must choose two of the three assignments below and prepare an 800-1000 word response for each. Please note that these are not research assignments. Rather, I’m looking for students to critically engage with the issues and to provide their own insights and perspectives as opposed to those of others.
The first assignment is due by 4:00 pm on January 29th and the second assignment is due by 4:00 pm on February 12th. Assignments must be submitted on eClass (under “Assignment Submissions”). Late assignments will not be accepted and will be assigned a grade of zero.
1) Respond to the following quotes:
• “Morality is based on a consideration of circumstances, not principles” – Anonymous
• “Morality is only moral when it is voluntary” – Lincoln Steffens
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2) Roscoe Pound, an American legal scholar, proposed the following jural postulates as necessary for a civil society:
• no intentional harm to others
• personal control over discoveries and acquisitions
• good faith in contractual dealings
• responsible control of potentially dangerous elements
Provide a critique of Pound’s theory using contemporary examples to help illustrate your points.
3) Find a piece of legislation currently being debated by the federal government and reflect on the implications of this law for a specific marginalized group. Are these implications being considered as part of this political debate? If so, how? If not, why not?
Presentation:
Each student must deliver one presentation corresponding with a “Theme of the Day.” Up to three
presentations per theme will be allowed. As much as possible, presentations should focus on the Canadian context. At least ten days prior to the presentation, students must provide me with the bibliographic information for one short reading (approximately 10-12 pages) that will serve as an introduction to the topic of the presentation. The purpose of this reading is to prepare the class for engaging with the topic.
Presenters should not merely summarize this reading. Rather, they are responsible for doing an extensive review of the literature on the topic and presenting what they see as the most salient features of that topic.
A full bibliography must be submitted on the day of the presentation (under “Assignment Submissions”).
Presenters must also be prepared to facilitate class discussion. Each presentation should be 30 minutes in length with an additional 10 to 15 minutes for questions and discussion. Audiovisual aids (e.g.,
PowerPoint slides) are strongly recommended. Grades will be based on the reading chosen and the bibliography as well as the presentation itself.
Presentations will be evaluated on the basis of the following:
1) Introduction and Conclusion:
• Were the presentation and presenter properly introduced? Was the purpose/focus of the presentation clear? Was the presentation well summarized and concluded?
2) Preparation and Organization:
• Was the presenter well-prepared? Was the presentation well organized and easy to follow with good transitions?
3) Content:
• Was the information appropriate and well-articulated? Did the presenter give clear
explanations and examples? Were visual aids well-prepared and used effectively? Did the presenter show creativity in the handling of the material? Were discussion questions relevant, thoughtful, and engaging?
4) Delivery:
• Were the volume, pace, and timing good? Did the presenter speak clearly and avoid reading from notes? Did the presenter engage with and involve the audience? Were audience questions and comments handled well?
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The following are examples of possible presentation topics for each “Theme of the Day.” Please note that these are examples only and that students are welcome to propose topics outside of those listed here:
Minorities and the Law
• hate crime
• immigration/refugee law
• LGBTQ2S+ rights
• policing of minorities
• the TRC and law Women and the Law
• criminalization of women
• reproductive justice
• socioeconomic rights
• violence against women
• workplace rights Family and the Law
• child custody/support
• children’s rights
• divorce
• family violence
• parental rights Education and the Law
• conduct and discipline
• curriculum standards
• school safety
• special education and accommodations
• teachers’ rights Religion and the Law
• hate crime
• religious arbitration
• religious education
• religious freedom
• separation of church and state Health and the Law
• assisted death
• disability rights
• medical malpractice
• mental health
• reproductive justice Employment and the Law
• collective bargaining
• corporate crime
• occupational health and safety
• sexual harassment
• workers’ rights
5 The Environment and the Law
• hazardous waste
• Indigenous land treaties
• pollution
• regulation and management of natural resources
• wildlife conservation and management
By 4:00 pm on January 18th, students should submit a proposal (under “Assignment Submissions”) with their top two presentation topics. In addition to clearly indicating which “Theme of the Day” their topic corresponds with, students should provide a full description of the topic’s focus and the main issues they plan to address. While every effort will be made to accommodate students’ choices, if there are multiple submissions for a particular topic, the strongest proposal will be chosen. The assigned topics and the presentation schedule will be posted on eClass by January 25th.
Term Paper:
Students will prepare a 10-12 page term paper on a topic of their choosing that relates to the sociology of law. The only requirement is that students write on a topic other than the one their presentation is based on. Papers can be contemporary or historical, focused on the Canadian context or international in scope. It is strongly encouraged that students choose topics that are very focused and specific to ensure appropriate depth of analysis. Papers must engage critically with the relevant academic literature. Please note that this is a research paper rather than an opinion or argumentative piece. As such, papers should clearly
demonstrate students’ understanding of the research and theory associated with their topics. An evaluation form outlining the criteria by which papers will be evaluated is available on eClass. Papers must be submitted on eClass by 4:00 pm on April 14th. Email submissions will not be accepted under any circumstances. The due date is absolute. Extensions will only be given in extreme circumstances and appropriate documentation may be required (e.g., “Request for Excused Absence or Deferral of Term Work,” “Statutory Declaration,” police report, death notice, court documents).
Participation:
As an upper-level seminar, students are expected to be prepared for, and to actively participate in, class discussions. This includes reading the material in advance and coming prepared with
questions/comments. Please note that simply attending class and making the required formal presentation will result in a participation grade of zero. Students should keep in mind that the quality of their
participation plays an important part in the assessment process (i.e., contributions to class discussions should be relevant and meaningful, not merely plentiful). Obviously, regular attendance is essential for optimal performance in this respect. Consequently, absences will adversely affect students’ participation grades. While we will occasionally use breakout rooms for small group discussion, since I will not be present, these discussions will not count towards students’ participation grades. Please also note that the Zoom chat function will be disabled for all class meetings. As such, participation must be in the form of oral contributions to our discussions.
Grading:
Description Percentage Grade Value
Excellent 95 – 100 A+ 4.0
90 – 94.9 A 4.0
85 – 89.9 A- 3.7
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Good 80 – 84.9 B+ 3.3
75 – 79.9 B 3.0
70 – 74.9 B- 2.7
Satisfactory 66 – 69.9 C+ 2.3
62 – 65.9 C 2.0
58 – 61.9 C- 1.7
Poor 54 – 57.9 D+ 1.3
Minimal Pass 50 – 53.9 D 1.0
Fail 0 – 49.9 F 0.0
Grading Policies:
Grades will not be assigned on the basis of a particular distribution (e.g., bell curve) but will be assigned based on the individual merits of students. Grades are not negotiable. Grades will not be rounded up. For example, students who obtain a final course grade of 74.9% will be assigned a grade of B-, not B.
Requests to submit extra work to increase grades will not be considered under any circumstances.
Likewise, pleas for higher grades to get into quota University programs will not be heard under any circumstances.
Discussion Forums:
Discussion forums are available on eClass. In addition to a forum for “Course Requirements,” there is a forum for “Course Content.” Students are free to comment on their fellow students’ posts and, in fact, are encouraged to do so. While I will be checking the forums daily (though not on weekends or holidays), I will only be responding when there is a need to do so. For instance, if a posted question was accurately and completely answered by another student, a response from me is not necessary.
Please adhere to the following guidelines for respectful online engagement (this applies to both the discussion forums and class meetings):
• Be Respectful. We have students from many different backgrounds participating in this course.
Respectful disagreement is fine and encouraged. Sexist, racist, homophobic comments and other inflammatory remarks are not conducive to learning in our course, and absolutely will not be tolerated. As this is a University of Alberta course, all participants are governed by the Code of Student Behaviour.
• Be Mindful. In our readings and discussions, we will engage with many controversial topics.
However, we will do so in a respectful and a considered manner. So, for example, when we discuss the legacies of colonialism, we as a community must remember that some students suffer with the consequences of colonialism every day — though we all bear responsibility for
addressing that legacy. When our course materials examine sexual violence, we must engage with those materials knowing that members of our community have themselves survived such violence.
And when we explore questions of racism, we do so knowing that members of our community experience very different realities because of systemic and personal prejudices faced each and every day.
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• Be Safe. If you are witness to or the target of abusive or offensive behaviour in our course, please inform me right away. Alternatively, you could ask a trusted friend to contact me on your behalf.
Technology Requirements:
Students are reminded that I am not an IT specialist and that if they encounter technological issues, it is their responsibility to contact Information Services and Technology (IST).
To participate in this course, students are required to have the following:
• A computer which can run a currently supported version of Windows or MacOS: has Windows (Version 8, 8.1, or 10) or Mac (Version 10.13 or higher), 4 GB of RAM, and 256 GB hard drive
• Wired or wireless network adapter
• Webcam, microphone, and speakers (or headphones/earbuds)
• A screen large enough to easily view documents
• The ability to access productivity software such as Google Apps or Microsoft Office
• A reliable internet connection with sufficient bandwidth to support taking part in video conferences
Learning and Working Environment:
The Faculty of Arts is committed to ensuring that all students, faculty and staff are able to work and study in an environment that is safe and free from discrimination and harassment. It does not tolerate behaviour that undermines that environment.
Academic Integrity:
The University of Alberta is committed to the highest standards of academic integrity and honesty.
Students are expected to be familiar with these standards regarding academic honesty and to uphold the policies of the University in this respect. Students are particularly urged to familiarize themselves with the provisions of the Code of Student Behaviour (online at https://www.ualberta.ca/governance/) and avoid any behaviour which could potentially result in suspicions of cheating, plagiarism,
misrepresentation of facts and/or participation in an offence. Academic dishonesty is a serious offence and can result in suspension or expulsion from the University.
An instructor or coordinator who is convinced that a student has handed in work that he or she could not possibly reproduce without outside assistance is obliged, out of consideration of fairness to other
students, to report the case to the Associate Dean of the Faculty. See the Discipline Process.
Audio or Video Recording:
As per University policy, audio or video recording, digital or otherwise, of lectures, labs, seminars or any other teaching environment by students is allowed only with the prior written consent of the Instructor or as a part of an approved accommodation plan. Student or Instructor content, digital or otherwise, created and/or used within the context of the course is to be used solely for personal study, and is not to be used or distributed for any other purpose without prior written consent from the content author(s).