POLS 2140 / ECON 2140 Law and Society David MacIsaac 2016 Web viewPOLS 2140 / ECON 2140 Law and Society David MacIsaac 2016. 8. 1. Cape Breton ... ch. 2. Part 2: The ... POLS 2140

Cape Breton University Department of Political Science

POLS 2140/ECON 2140: Law & SocietyPart I – Fall 2016

Credits:Course Instructor: David MacIsaac LLB, BAOffice: CC-259, Phone: 578-1858Email: [email protected] Hours: 1:30-2:30, Mondays and Wednesdays or by appointment

Course OutlineThis course introduces learners to the study of law and society by focusing on historical, organizational, institutional and thematic aspects of law and society in Canada. The course is divided into three parts. Part one introduces learners to the theoretical framework of the study of law. Part two looks at the organization and underpinnings of law particular to Canadian society. Part three of the course looks at the broader interactions between law and its social context. These themes will overlap link together to provide learners an overview of key sectors of Canadian law and society that complement and prepare learners for the second semester of the course.

Pedagogical Explanation:Each class will typically be divided into lecture and seminar and/or workshop portions. Rather than expecting learners to listen to a monologue, lectures will be dynamic in the sense of encouraging the active engagement of students in the learning process whilst still conveying the required subject expertise from the instructor.

Seminars are intended to create opportunities for group discussions and individual reflection to promote deeper understanding of the course topics. Seminars will enhance breath of content by providing learners with opportunities to consider linkages between different topics.

Workshops will allow learners to apply key concepts introduced throughout the course. Typically, learners will be asked to collaborate to in a process intended to produce a mock or alternate outcome addressing a specific, real-world problem or issue.

Group discussions are a vital part of this section of the course and overall participation in

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POLS 2140 / ECON 2140 Law and Society David MacIsaac 2016

seminars will constitute 10% of the marks awarded in this course. At a minimum, please come to class having carefully reviewed the assigned readings. Learners are strongly encouraged to read as widely as possible using as a starting point the reading suggestions provided in this course outline. This research may be supplemented by broader use of library facilities, including browsing the catalogue of books and consulting online search engines such as Academic Search Complete. Learners are encouraged to approach the instructor with questions throughout the course.

Course Aims 1. To introduce learners to the study of Canadian law and society;2. To convey to learners a comprehension of the framework of law in Canadian society; 3. To prompt learners to reflect on contemporary significant themes in Canadian Law and

society; and4. To demonstrate to students through a series of seminar discussions and workshops the

significance and practical relevance of studying law and society.

Intended Learning ObjectivesSubject specific skills: The objective of this course is to assist learners to attain the aims of the course, including the ability to: 1. Understand and apply various theoretical approaches to the study of law in its social context;2. Gain background knowledge of the institutions, procedures and contemporary debates

surrounding the organization of law in Canadian society;3. Familiarize students with the primary sources of law in Canada; and4. Appreciate the potential capacity and limitations of the use of law as a political instrument of

change and control in Canadian society.

Core academic skills:Through participating in this course students will develop skills and abilities to: 1. Develop reasoned and coherent arguments and to back these up with factual evidence; 2. Formulate and articulate ideas and thoughts relating to the study of Canadian law and society

in a structured manner and to defend these ideas in front of peers;3. Critically examine and evaluate the views and arguments of others and reflect upon their own

ideas in the light of these; and4. Research, consider and analyze theoretical and empirical material.

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Personal and key skills: Learners will enhance their skills and abilities: 1. In effective written and verbal communication;2. For analyzing conceptual and empirical data; and3. To select, appraise, evaluate and organize material.

COURSE READINGS

Required reading:Vago and Nelson, Law and Society, 4th Canadian ed., Toronto: Pearson, 2014.

Additional required reading will be assigned and distributed in class.

Supplemental reading:Yates, Yates and Bain, Introduction to Law in Canada, 2nd ed., Prentice Hall, 2000. (avail. CBU Reserve collection)Mintz, Tossutti and Dunn, Canada’s Politics: Democracy, Diversity and Good Government, 2nd

ed., Toronto: Pearson, 2014. (avail. CBU Reserve collection)Guy, James J., People Politics and Government: A Canadian Perspective, 7th ed., Toronto: Pearson, 2009.

BRIEF OUTLINE OF TOPICS BY WEEKS AND DAYS

Part I: Introduction to the Study of Law and Society1. (12 & 14 Sep) Introduction2. (19 & 21 Sep) Theories of Law and Society

Part 2: The Canadian Legal Framework3. (26 & 28 Sep) Organization of Law4. (3 & 5 Oct) Law-Making5. (12, 17, 19 Oct) The Constitution and the Federal System6. (24, 26 & 31 Oct) Canadian Charter of Rights and Freedoms

Part 3: Law and the Social Context7. (2 & 7 Nov) Law and Dispute Resolution 8. (9, 14 & 16 Nov.) Law in the Social and Economic Context9. (21 & 23 Nov) Law and Social Change

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10. (28 Nov) The Legal Profession11. (30 Nov) Review

COURSE CONTENT AND READINGS

Part 1: Introduction to the Study of Law and Society1. Introduction: Introduction to the fall semester section of the course.

Key reading:Vago and Nelson, Law and Society, ch. 1.

2. Theories of Law and Society: Outline of the evolution of legal systems and a survey of the main theories of law and society.Key Reading: Vago and Nelson, Law and Society, ch. 2.

Part 2: The Canadian Legal Framework3. Organization of Law: Review of the structure and governing principles of the legal system in

Canada, the initiation of proceedings, pre-trial processes and trial processes.Key Reading: Vago and Nelson, Law and Society, ch. 3.

4. Law-Making:. Overview of the sources of law in Canada, including legislative, administrative and judicial rule-making, as well as influences on the processes of law-making.Key Reading: Vago and Nelson, Law and Society, ch. 4.

5. The Constitution and the Federal System: An introduction to the foundational documents creating Canadian institutions and the division of governmental powers. Key Reading:Yates, Yates and Bain, Introduction to Law in Canada, ch. 3.

6. Canadian Charter of Rights and Freedoms: An overview of the development of the protection of fundamental rights in Canada, the content of Charter of and its effects on Canadian society.

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Key Reading:Yates, Yates and Bain, Introduction to Law in Canada, ch. 4.

Part 3: Law and the Social Context7. Law and Dispute Resolution Identification of the elements of the dispute process, various

methods of resolving disputes, the role of the courts and access to the legal system.Key Reading: Vago and Nelson, Law and Society, ch. 6

8. Law in the Social Context: Review of the history of government regulation and intervention in Canadian Society as well as structural inequalities.Key Reading:Mintz, Tossutti and Dunn, Canada’s Politics, ch. 3.

9. Law and Social Change: Investigation of the possibilities and limitations of the law as an instrument of social change. Key Reading:Vago and Nelson, Law and Society, ch. 7.

10. The Legal Profession Overview of the development of the Canadian legal profession and the role of Canadian law schools and associations.Key Reading:Vago and Nelson, Law and Society, ch. 8

11. Course conclusion and revision

Course Evaluation (Fall semester only)Class Participation and contribution 10%Essay 1 (500 words): Due 2:30 pm Wednesday, October 12, 2016 (week 5) 5%Essay 2 (1500 words): Due 2:30 pm Monday, November 28 (week 13) 15%Final Exam: 20%

Total 50%

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Participation:Participation grades will be awarded on the basis of contributions made to class discussions (this includes asking and answering questions and suggesting useful examples). Students are requested to demonstrate proper respect to the differences in opinions of others at all times.

Essay writing guide:

Submit your first essay by 2:30 pm Wednesday, October 12, 2016 (week 5) Submit your second essay by 2:30 pm Monday, November 28 (week 13) Your essay may be EITHER emailed to [email protected] OR a hard copy may

be handed over in class. Choose and start your essays as soon as possible. Seek advice from the course instructor

if you are unsure of which question to choose. Try to pick a topic that you are interested in and that you will enjoy researching and writing.

Plan your essay. This plan should include the following information:o Aim(s) of paper.o Your proposed answer (hypothesis) and how this answers the question.o Section titles and outlines (structure of paper).

Research as widely as possible in the time you have available to you. As a starting point, students are advised to research using the source materials suggested in the relevant sections above in this course guide under the heading ‘Course Content and Readings’. Other possible materials you should use include the internet, newspapers, journals, books, and E-resource platforms (such as Academic Premier Complete) available via the CBU library website: http://www.cbu.ca/library/.

You should ask a librarian or your course instructor for guidance if you are unsure of the use or procedure for utilizing resource tools.

Think about what you are reading. Do you agree with the perspective and points made by the author of any text? Why/why not? Making notes on such matters as you conduct your research (i.e. active research) is far superior than passive research and will provide you with valuable material to integrate into your essays.

Write a first draft and then revise and proofread your essay. Hand in the completed final draft before the deadline. It is your responsibility to plan your time effectively and ensure that the essay is

completed by the respective deadlines. Extensions to deadlines will be considered only in extenuating circumstances and only when made prior to the passing of the deadline. Time management and computer-related problems are not considered grounds for granting extensions.

Papers received within 7 days of the passing of the deadline will accrue a 10% penalty. Papers received between 1 and 2 weeks late will accrue a 20% penalty.

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http://www.cbu.ca/library/

mailto:[email protected]


Papers over 2 weeks late will not be accepted.

Final Exam:The examination (two hours) will take place during the university’s scheduled April examination

Example of POLS 2140 Feedback SheetName: Essay: Date received: Date marked: Marker: Mark:

Marking Criteria 1 2 3 4 5

Answers the questionAppropriately focused on the subject matterCoherently structuredSufficiently proofreadUse of languageUse of paragraphsEvaluation of dataUse of illustrations and/or examplesConceptual clarityFactual accuracyKnowledge of the subject matterComprehensiveConclusions supportedAbility to explain clearlyAbility to construct an argumentEvidence of analytic abilityEvidence of independent thinkingEvidence that the topic has been understoodResearch

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ReferencesLegend1-Requires attention2-Meets expectations3-Good4-Very Good5-Outstanding

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Guidelines: The marking criteria for essays and papers explained The above feedback grid isolates different aspects involved in writing a good essay. The completed grid will identify the strengths and weaknesses in your own writing style. The objective of the grid is to provide you with constructive feedback that will enable you to further improve your essays in future.

Each essay/paper is given a mark between 1 (requires attention) and 5 (outstanding) against the criteria described below. A mark of 1 indicates that you should focus on improving this aspect of your answer. A mark of 2 indicates that your answer meets standard expectations of a students work. A mark of 3 signifies that your work exceeds expectations in relation to that grading criterion. A mark of 4 signifies very good whilst 5 indicates that you have excelled in that aspect.

The criteria against which your essays will be assessed are:

1. Answers the question

To score highly against this criterion you must directly answer the question. If you simply repeat something you may have read or heard somewhere on a related topic you will most likely not be answering the specific question posed.

2. Appropriately focused on the subject matter

If you provide a concise and focused answer to the subject you will score highly in this area. You will receive a lower score in this area if your answer describes unrelated topics.

3. Coherently structured

If your essay contains a bibliography, and is comprised of an introduction, clearly signposted sections and a conclusion, you will score highly in this area. If your essay does not benefit from any of these structures, you will receive a lower mark.

4. Sufficiently proofread

If your essay contains numerous spelling mistakes, grammatical errors and missing sections you will receive a lower mark for not having proofread your work sufficiently before submitting it.

5. Use of language

If you can discuss the subject of Canadian law and society using precise language and appropriate terms you will score highly against this criterion.

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6. Use of paragraphs

If your essay is organized into coherent and logical paragraphs that flow together well you will score highly against this criterion.

7. Evaluation of data

If your work identifies and discusses pertinent data (such as appropriate facts, figures and details) that informs your answer, you will receive credit in this area. If you cannot locate or discuss any relevant data your answer will receive a lower mark in this area.

8. Use of illustrations and/or examples

You will receive credit if you can explain the reasoning that led you to your conclusions. Part of this requires that you provide illustrations and/or examples to show that your opinions are derived from consideration of empirical or theoretical evidence rather than simply arbitrary preference.

9. Conceptual clarity

If you demonstrate an awareness of the issues surrounding use of distinct concepts (such as the Marxist theory of law), ideological positions (eg the Conservative model of punishment) and legal functions (for example the purpose of tort law), you will score highly against this criterion.

10. Factual accuracy

If you describe factual events (such as names, facts or dates) correctly, you will receive a high score in this area. Note that this is just one criterion and the presentation of accurate information does not by itself constitute a solid answer.

11. Knowledge of the subject matter

If you demonstrate an awareness of the subject you will score highly against this criterion. If you have not done the required reading before answering the essay you are unlikely to score highly against this criterion.

12. Comprehensive

If you provide comprehensive details and a thorough treatment of the question you will receive a higher mark in this category. If you provide an incomplete or overly brief answer, or simply an unsubstantiated opinion, you will likely receive a lower mark here.

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13. Conclusions supported

If you provide a conclusion in your essay where you succinctly address the subject and say how you have used your essay to demonstrate and substantiate your conclusion, you will receive credit in this criterion. If you omit a conclusion or else cannot explain how your conclusion has been demonstrated in your essay, you will receive a lower grade in this area.

14. Ability to explain clearly

If you can explain your answer in a clear manner that demonstrates a grasp over the subject material you will score highly against this criterion.

15. Ability to construct an argument

If you simply describe information in your work, even if that information is accurate you will likely have little or no argument in your answer, and will not score highly against this criterion. If you have carefully considered the topic and have thought about your answer, you will have formulated an argument and you should score highly against this criterion. The actual argument you choose should articulate your own informed ideas on the subject.

16. Evidence of analytic ability

The best answers contain an argument based on careful consideration of the evidence and facts. Many observers interpret the facts and the evidence differently and therefore reach different conclusions. Your capacity to evaluate competing and sometimes conflicting material reflects your ability to analyze and it is this ability that this criterion assesses.

17. Evidence of independent thinking

You will be rewarded under this criterion for demonstrating original thinking when drawing your conclusions.

18. Evidence that the topic has been understood

If you have shown that you have understood the topic to which the question relates you will score well against this criterion.

19. Research

If you have researched your answers to the questions by consulting source material such as the core or supplemental textbooks, a journal article or an online source you will receive credit in this criteria. You will receive extra credit for undertaking independent research such as using the library, Academic Search Complete or else locating other relevant online or print based materials.

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20. References

An important component in producing scholarly work is to indicate your sources throughout your work. This is especially important to avoid any chance of inadvertently plagiarizing material. The origins of direct quotes as well as sources for particular ideas and details should all be fully referenced in footnotes. If you have used footnotes properly and have included a bibliography at the end of your assignment (where you collate all sources consulted during the preparation of your essays) you will score more highly against this criteria.

The instructor will provide additional comments below the marking grid to comment on substantive and specific aspects of your answers. This feedback will focus on, for example, notable strengths and weaknesses in your essay as well as the substantive arguments, points and ideas you may have raised. Notable omissions or errors will also be mentioned. You are strongly encouraged to contact Jan Hancock if you are unsure about any aspect of the feedback you receive.

Assessment CriteriaAggregating scores on the feedback grid may not necessarily correspond to your final percentage mark awarded in that assignment. For example, a ‘3’ in each category need not necessarily result in a mark of 60%. Instead, marks will be awarded according to the following metric:85+ Excellent. Exceeded expectations in most or all of the above 20 categories.70-84% Very good. Demonstrated a high level of capability in most or all of the above 20 categories.60-69% Good. Demonstrated a good level of capability in most or all assessed categories.50-59% Acceptable. Demonstrates average capability in some categories and some under average levels of capability in others. Less than 50%. Fail. Demonstrates under average capability in most or all 20 categories.

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Plagiarism Plagiarism is the act of representing the intellectual work of others as one’s own. Instances of plagiarism can result in extremely serious consequences. Possible sanctions that may be taken in response to instances of plagiarism range from the deduction of marks against applicable assessments through to discontinuation from CBU. Scholarship is based on the proper recognition and critical expansion of past works. This requires every student to use citations to say where the information and ideas used in each assignment has been found. If you use the words of someone else it is essential that these be placed in quotation marks and properly attributed.Plagiarism occurs when:

1. You cut and paste information from the internet without both placing the quote in quotation marks and citing the source of your information. So if you copy and paste from an online source such as Wikipedia into an assignment, making no reference to the source, it would constitute an example of plagiarism.

2. You repeat passages that you have found from a published source such as a book, newspaper or journal article without both placing the quote in quotation marks and citing the source of your information.

3. You present another students answers and work as your own. Each student must answer each assignment by themselves. It is plagiarism when another person writes an answer on your behalf that you then present as your own work.

4. It is plagiarism to submit the same assignment or report for credit to more than one instructor.

Plagiarism is never acceptable and is taken extremely seriously by CBU. When writing your assignments, please make sure that you properly acknowledge and footnote all arguments, evidence as well as direct quotes taken from another’s work. See CBU’s plagiarism policy on the CBU calendar further details. If you are in any doubt as to the meaning or seriousness of plagiarism, please contact the course instructor, David MacIsaac, for advice.

Student AccommodationStudents may request accommodation as a result of barriers experienced related to disability, religious obligation, or any characteristic protected under Canadian human rights legislation.

Students who require academic accommodation for either classroom participation or the writing of tests and exams should make their request to the Jennifer Keeping Centre prior to or at the outset of the regular academic year. Please visit http://www.cbu.ca/student-services/support-services/disability-support-services/ or contact Ken Bickerton (Manager of Accessible Learning and Student Transition, room B104, (902) 563-1121, [email protected]) or Edwenna

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mailto:[email protected]


Campbell, Assistant, Jennifer Keeping AccessAbility Centre, room B101, (902) 563-1208, [email protected]) for more information.

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Documents

POLS 2140 / ECON 2140 Law and Society David MacIsaac 2016 Web viewPOLS 2140 / ECON 2140 Law and Society David MacIsaac 2016. 8. 1. Cape Breton ... ch. 2. Part 2: The ... POLS 2140