Law

Praise for the second edition:
“This book is the best available for teaching the role of law in society and making sense of how it operates within the (inter)connections of race, class and gender dynamics often perpetuating oppression. … Locating Law is essential for undergraduate students in justice, sociology and criminology.”
– Margot Hurlbert, University of Regina
“Students regularly tell me that Locating Law is their favourite book out of the selections for the Law and Society course. The case studies are sufficiently different from one another that the students deepen their general knowledge, and they appreciate the fact that the chapters are written in a style they can understand.”
– Jennifer Jarman, Lakehead University
A primary concern within the study of law has been to understand the “law-society” relation. Underlying this concern is the belief that law has a distinctly social basis; it both shapes – and is shaped by – the society in which it operates. This book explores the law-society relation by locating law within the nexus of race/class/gender/sexuality relations in society.
In addition to updating the material in the theoretical and substantive chapters, this third edition of Locating Law includes three new contributions: sentencing law and Aboriginal peoples; corporations and the law; and obscenity and indecency legislation. The analyses offered in the book are sure to generate discussion and debate and, in the process, enhance our understanding of law’s location.

Confronting the issue of wrongful convictions, this argument contends that these so-called mistakes or failures of the justice system too often target the financially disadvantaged and visible minority groups. Delving into the issues that underscore these decisions, this discussion suggests that the desire to obtain a conviction—thereby depicting the police and the court system in a positive light—often results in false evidence and court decisions based on prejudice and racism. Acknowledging its claims of impartiality, neutrality, and objectivity, this consideration nonetheless submits that the law is a tool designed to maintain the illegitimate domination of society, and that turning to the very system that erred in the first place to correct its errors is in itself a miscarriage of justice.

After surveying more than 80 cases in which a confession was accepted as evidence in a "Mr. Big" organized crime sting, these legal experts suggest changes in undercover police practices in Canada. "Mr. Big" in these cases is a policeman posing as a criminal kingpin in order to coerce a confession from a suspect, but this study finds that this ruse is most successful when the suspect is from a marginalized group. In addition, police officers sometimes commit criminal offences while undercover—or they fake criminal behavior during the course of the sting—and the pretend `interrogations` are not bounded by normal interview standards. On these grounds, the authors propose that this practice be drastically curtailed.

Countering recent interest in promoting tax cuts in Canada, this study examines how taxation helps define the nature of a political community and the values of a political culture. By comparing two Saskatchewan tax reports from the early 1960s and the late 1990s, this treatise demonstrates how assumptions about taxation policy reflect and shape conceptions of democracy and citizenship and contends that tax cuts promote an individual-centered rather than a society-based policy that affirms community values.

The legal system is presented as a political resource in this examination of how Canadian, American, and British law can be used by social justice activists to negotiate with and leverage the power of lawyers, courts, tribunals, and commissions of inquiry. The opportunities and dangers that the law presents the activist community are covered in detail, with discussions of the contradictions behind personal rights discourse and the importance of administrative boards. Strategic, practical, and tactical questions are addressed to facilitate understanding and encourage activists to carefully navigate the contradictions inherent in laws.

The tension between traditionalist legal theories that maintain that the law dispenses justice in an impartial fashion and critical theories that maintain that the law reproduces gender, race, and class inequalities provides a context for this investigation into law`s complicity in perpetuating disparities. Police reports, prosecuting lawyer reports, memos, interviews with defense lawyers, sentencing reports, and other primary sources from Canadian violent crime cases illustrate the prejudicial strategies used in litigation. Linguistic nuances that describe a neighborhood celebration as a "birthday party" or a "drinking binge" are among the ways stereotypes are perpetuated. This analysis raises questions about how the law can be applied to realize a more just society.

A wide range of perspectives on how Canadian criminal law, civil law, and policing strategies treat ecological transgressions are included in this introduction to the serious consequences of environmental crime, often perceived as an upper-class, "soft" crime.

One primary concern within the study of law has been to understand the law/society relation. Underlying this concern is the belief that law has a distinctly social basis; it both shapes and is shaped by the society in which it operates. This book explores the law/society relation by locating law within the nexus of race/class/gender/sexuality relations in society. Recognizing that inequalities along these lines exist in society raises important questions: What role has law historically played in generating today’s inequalities? Is law part of the problem or part of the solution? Can we use law as a strategy to achieve meaningful change? The essays in this new edition of Locating Law demonstrate law’s role in a variety of specific contexts, including perpetuating colonialism in Canada, protecting corporations and holding women responsible for sexual violence against them. These analyses are sure to generate discussion and debate and, in the process, enhance our understanding of this important relation between law and society.

In the wake of the COVID-19 pandemic, the need to re-establish the labour movement’s political capacity to exert collective power in ways that foster greater opportunity and equality for working-class people has taken on a greater sense of urgency. Understanding the strategic political possibilities and challenges facing the Canadian labour movement at this important moment in history is the central concern of this second edition of Rethinking the Politics of Labour in Canada.

With new and revised essays by established and emerging scholars from a wide range of disciplines, this edited collection assesses the past, present and uncertain future of Canadian labour politics in the wake of the COVID-19 pandemic. Bringing together the traditional electoral-based aspects of labour politics with analyses of newer and rediscovered forms of working-class organization and social movement-influenced strategies, which have become increasingly important in the Canadian labour movement, this book seeks to take stock of these new forms of labour politics, understand their emergence and assess their potential impact on the future of labour in Canada.

The horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.

Heroin is an illustrated history of Canadian heroin regulation over two centuries. Susan Boyd points to our failure to address the overdose death epidemic caused by criminalizing drug users and to the decades of resistance to harm-reduction policies. Heroin, discovered in 1898, was heralded as an important medicine and successfully marketed as a pain reliever and cough suppressant. Until the early 1950s, heroin was prescribed for therapeutic use in Canada. Yet, illegal heroin use became the focus of drug prohibition advocates and law enforcement, who painted it as highly addictive and destructive. Systemic racism was the impetus for our first anti-heroin laws; the race, gender and class of users influenced drug control, which, by the 1930s, became the focus of law enforcement. Flawed ideas about heroin and people who use the drug have shaped drug law and policy for decades. This book is informed by documentary evidence and the experiences of people who use/used heroin, drug user unions and harm-reduction advocates. These sources highlight the structural violence of drug policy that uses prohibition and criminalization as the main response to drug use.

Prisons don’t work, but prisoners do. Prisons are often critiqued as unjust, but we hear little about the daily labour of incarcerated workers — what they do, how they do it, who they do it for and under which conditions. Unions protect workers fighting for better pay and against discrimination and occupational health and safety concerns, but prisoners are denied this protection despite being the lowest paid workers with the least choice in what they do — the most vulnerable among the working class. Starting from the perspective that work during imprisonment is not “rehabilitative,” this book examines the reasons why people should care about prison labour and how prisoners have struggled to organize for labour power in the past. Unionizing incarcerated workers is critical for both the labour movement and struggles for prison justice, this book argues, to negotiate changes to working conditions as well as the power dynamics within prisons themselves.

Ghost Citizens is about in situ stateless people, persons who live in a country they consider their own but which does not recognize them as citizens. Liew develops the concept of the “ghost citizen” to understand a global experience and a double oppression: of being invisible and feared in law. The term also refers to two troubling state practices: ghosting their own citizens and conferring ghost citizenship (casting persons as foreigners without legal proof). Told through an examination of law, legal processes and interviews with stateless persons and their advocates, this deeply researched book examines international and domestic jurisprudence as well as administrative decision making to show an emerging practice where states are pointing to a mother figure, constructed in law as racialized, foreign and potentially disloyal, to depict persons as not kin and therefore the responsibility of other states. By tracing British colonial legal vestiges in the case study of Malaysia, Liew shows how contemporary post-colonial, democratic and multi-juridical states deploy law and its processes and historical ideas of racial categories to create and maintain statelessness. This book challenges established norms of state recognition and calls for a discussion of ideas borrowed from other areas of law, including Indigenous legal traditions and family law, on how we should organize our communities with more respectful relations and treatment among kin.