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Law and Coercion

by: Alyssa McKenzie

Law and Coercion LLA 201

Marketplace > Syracuse University > Law > LLA 201 > Law and Coercion
Alyssa McKenzie
Elements of Law
Keith Bybee

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About this Document

Coercion and the Criminal Justice System and and Law without Coercion
Elements of Law
Keith Bybee
Class Notes
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This 3 page Class Notes was uploaded by Alyssa McKenzie on Friday September 18, 2015. The Class Notes belongs to LLA 201 at Syracuse University taught by Keith Bybee in Fall 2015. Since its upload, it has received 80 views. For similar materials see Elements of Law in Law at Syracuse University.


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Date Created: 09/18/15
LLA 201 Lecture 3 91415 What kind of work does coercive law do Criminal law LVisible and easy to understand LWhen coercive law is applied it creates a certain kind of citizen Changing elements of lawFoucault o3 Punishment is private the trial is public gt Suffer quotsocial deathquot gt The goal of modern punishment is to take away your rights not punish the body gt When we kill someone we deprive them of the right to live oz Turned over punishment to a whole bunch of professionals gt We punish through regulation discipline their minds souls and reshape a person gt We use legal power to create a different type of human 0 Why To create a person we want in our society Michelle Alexander s views Changed expectations of privacy Are we punishing too much and are we punishing equally quotThe way in which we think about law enforcementquot gt Military force coming to conquer an enemy oz Change perception of what happens to you after you get out of prison gt Causes a lot of issues after prison Ex very hard to get a job most people end up right back in prison oz Sense of perpetual crisis and threat 0 O O 90 90 90 LLA 201 Lecture 4 91615 Female Genital Mutilationexample of law without coercion Procedure linked to the preservation of virginity making you more beautiful more marriageable way for men to show their dominance over woman acceptance in the community living up to your gender role 0 O O O O O 90 90 90 90 90 90 Health problems no health bene ts Destruction of healthy tissue PTSD Risks on child birth increased chance of death Psychologically devastating Nerve damage Loss of sexual desire O O O O O O 90 90 90 90 90 90 Legal problems 393 Violates human rights gt The right to health freedom from torture violation of children s rights right to life Cultural rights 393 Vindicated rights gt Freedom of culture right to religion freedom of choice What if people choose to do this procedure themselves 393 The choice itself is not genuine it is not free choice gt Coercion and pressure 393 A form of rights denial Solutions oz Educate people on the problem oz Change woman s status 393 Instill new moral values gt The protection of woman s bodies gt Show woman that this is NOT a choice coercion involved What role does law play oz Coercion is not an option because United Nations has no coercive force oz Some solutions are not about law LLA 201 Lecture 4 91615 oz Hobbes would say there is no role for law failed law gt Law without a central sovereign oz Absence of coercion there is no right or wrong gt Expresses what we think is just right or wrong


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