Description

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.

The Power to Criminalize: Violence, Inequality and the Law

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Paperback / softback by Elizabeth Comack , Gillian Balfour

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The tension between traditionalist legal theories that maintain that the law dispenses justice in an impartial fashion and critical theories... Read more

    Publisher: Fernwood Publishing Co Ltd
    Publication Date: 01/09/2004
    ISBN13: 9781552661284, 978-1552661284
    ISBN10: 1552661288

    Number of Pages: 192

    Non Fiction , Politics, Philosophy & Society

    Description

    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.

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