The largest survey to date of people living with HIV regarding attitudes toward criminalization of HIV non-disclosure, this study investigates: sources of legal information available to HIV-positive people; perceptions of how criminal prosecutions and media coverage affect understanding of rights and responsibilities of self and others; and where HIV-positive people themselves stand on the role the criminal justice system should play. While mainstream media constructions of criminal iconography do affect PHA views, those who have higher levels of formal education, are active in the dating scene, and have been living longer with HIV hold less punitive views than those who do not. While the overall pattern of agreement on where to draw the line in criminal prosecution holds regardless of demographic characteristics, there is some statistically significant variation in degree of punitiveness according to sexual orientation and gender as well.

Cases might be valuable for more than the legal lessons they offer. This paper argues that cases present an archive of evidence that can help us reason backward to better understand the fissures in the ways humans interact and how our social, political, and economic systems generate tensions in their lives. More specifically, the paper looks through a small window into the lives of the people who find themselves caught between our collective and individual expenditure aspirations. It explores the circumstances in which individuals find that their outstanding tax debts pose a threat to their ability to maintain ownership of their home.

In music copyright infringement cases, forensic musicologists are often called to testify as to whether or not two songs are ‘substantially similar.’ While it is standard practice to rely on experts to dissect the works in question, this is a fairly recent phenomenon. Until the 1950s, it was not the scientific analysis of the pieces, but the impressions they left on the ‘untrained ears’ of everyday listeners that was used to determine copyright infringement. This paper presents an overview of American music copyright infringement cases to document this shift in how the question of substantial similarity has been approached. We argue that the courts’ inability to objectify what listeners hear created the need for experts who could translate music into legal evidence that could be visually witnessed. This practice of judging plagiarism according to how songs look on paper may account for why the courts have viewed musical sampling as copyright violations.

This paper seeks to explore the logic and manner of regulating tort situations in daily life. Based on interviews, it seeks to tease some societal sense out of the reactions of individuals faced with such situations. It hypothesizes that informal regulation is neither inconsistent nor amorphous and that, just like formal institutions, it contributes to the organization, facilitation and preservation of societal life and cohesion. The normative principles and the practical methods of regulation found by the research suggest that there is a perception that the cohesion of societal life is being continuously fashioned and renewed due to its conflictive nature, and that the containment of societal life within viable parameters is up to each one of society’s members.

In an era when relations between men and women are governed by the principles of equality and liberty, we may ask whether it is appropriate to preserve a post-divorce support entitlement between spouses, and what justification there is for doing so. European legislation is not very forthcoming in this regard, and this means that looking for the justification for entitlement to an allowance to compensate for financial disparities calls for a tool to be developed first that would identify that justification. After testing a two-option model in which the traditional support and compensation functions of a post-divorce financial allowance were contrasted and finding that this model did not provide a useful comparison between the selected European legal systems, a second, three-option model was developed and applied to those systems. The second model distinguishes the support, compensation and insurance justifications and can identify more pronounced differences. However, this does not mean that there are any noteworthy differences among the various post-divorce allowances in terms of the amounts awarded.

This article undertakes a reconstruction of the legal scheme under which the working class in Quebec had to operate, from the enactment of the Civil Code of Lower Canada in 1866 to the adoption of provincial accident legislation in 1909. Examination of the laws governing wage labour shows a quite blatant contradiction of the liberal ideal of the formal legal equality of all individuals: in many respects, the marginalization of workers is at the core of Quebec’s civil law at the time. During that period, however, Quebec revised the content of the Civil Code and the Code of Civil Procedure as it applied to workers on a relatively frequent basis. The limited nature of those reforms, some of which were complex and difficult to put into effect, appears to suggest that the legalistic approach to social issues had been exhausted as a response to the social upheavals instigated by wage labor, its risks and weaknesses.

Using the Safe Schools Act in Ontario as an example of a school zero-tolerance policy, I demonstrate that there are more implications for governing students through these policies than the literature tends to suggest. The push to exclude students found in zero-tolerance policies co-exists uneasily with the liberal democratic pull to an inclusive education. Principals negotiate the contradictory positioning of students as simultaneously excludable and includable uniquely. There is also an insertion of ‘choice’ as a strategy to resolve these tensions. Inappropriate conduct conceived as the students’ choice signals a reorientation of the main function of the school, to an institution now interested in managing its own reputation by devolving the responsibility of good behaviour onto the student.

In 1975, as part of a complete reform of divorce law, France eliminated traditional spousal support awards in favour of payment of a “compensatory allowance.” French law thus went counter to the solutions adopted by most European legal systems, which held with maintaining a support obligation between former spouses as the expression of a duty to assist that continues beyond the divorce.

This analysis examines that innovation and the debate it generated among French parliamentarians and the legal community alike, identifying the justifications advanced by the actors in the French legal system for post-divorce financial compensation itself. We see that in spite of the innovation sought, there is no consensus on the question of the basis for financial compensation after divorce. In the most recent period, however, there has been more openness to remedying inequality associated with differences in the spouses’ investments in household activities.

The purpose of this paper is to advance an approach to analyzing decision-making by front line public officials. The notion of discretion in front line decision-making has been examined widely in the law and society literature. However, it has often failed to capture the different kinds and levels of decisions that enforcement officials make. Taking an interdisciplinary approach that draws on political, sociological, and legal analysis, we propose a new conceptual framework, one that draws a sharper distinction between discretion and judgment and teases out distinct levels in the scope and depth of decision-making. We then use this framework to create a conceptual map of the decision-making process of front-line officials charged with enforcing the Employment Standards Act (ESA) of Ontario, demonstrating that a deeper, more precise analysis of discretion and judgment can contribute to a richer understanding of front line decision-making and its social, political, and legal implications.

This article consists of a wide-ranging review of the international empirical literature, the aim being to show the extent to which there is an empirical (statistical) basis for payment of a compensatory allowance between former spouses after divorce. Two factors are primarily examined in light of that literature: first, the fact that the allowance is conditional on inequality between the standards of living enjoyed by the former spouses at the time of the divorce, and second, the fact that regard can be had to the previous occupational choices of the former spouses in calculating the allowance. Our analysis shows that while the empirical literature is in relatively broad agreement on the question of inequality in the standard of living, the empirical justification for the connection between compensation and previous occupational choices, on the other hand, is considerably less widely recognized.

Youth without housing experience more regulation and conflict with criminal justice than their housed counterparts. Using in-depth qualitative interviews with fifty-one young people, we focus on how efforts to move away from homelessness towards long-term housing stability are impacted by conflict with law, a term referring to a broad range of experiences with various authorities in the legal system, social services, shelters, etc. Our paper comes out of a yearlong longitudinal study of the factors and processes affecting the transition away from youth homelessness in Toronto and Halifax. We consider practical barriers generated by conflict with law, but also the role that it can play in shaping the identity processes at the heart of successful transitions. Our findings highlight how conflict with law and regulation—even occurring before and during homelessness—has serious repercussions for young people well after they have left the streets.

This paper offers a sociological interpretation of the Canadian Comprehensive Land Claims (CLC) process, arguing that CLC is a strategy used by the state to dispossess Aboriginal peoples. CLC does this through leveraging the cession of Aboriginal rights and the relinquishing of indigenous lands. Drawing upon the ongoing Innu Nation Tshash Petapen (‘New Dawn’) agreement, I examine four related aspects of the process and the agreement which operate to dispossess the Innu: (1) the undemocratic social and political contexts in which agreement is elicited, (2) the depletion of Aboriginal rights of the indigenous party, (3) the depletion of indigenous lands, and (4) the creation of wealth and debt. Finally, I will interpret these processes as building on social changes inflicted on the Innu. These are characterized by imposed law and the state of exception.

When lawyers elect the leaders of their self-regulatory organizations, what sort of people do they vote for? How do the selection processes for elite lawyer sub-groups affect the diversity and efficacy of those groups? This article quantitatively assesses the demographic and professional diversity of leadership in the Law Society of Upper Canada. After many years of underrepresentation, in 2015 visible minority members and women were elected in numbers proportionate to their shares of Ontario lawyers. Regression analysis suggests that being non-white was not a disadvantage in the 2015 election, and being female actually conferred an advantage in attracting lawyers’ votes. The diverse employment contexts of the province’s lawyers were also represented in the elected group. However, early-career lawyers were completely unrepresented. This is largely a consequence of electoral system design choices, and can be remedied through the implementation of career-stage constituencies. The Law Society’s “benchers” are more demographically diverse than other elite lawyer sub-groups, such as judges, and the open and transparent selection process may be part of the reason.

In the early 1990s, a number of American legal thinkers began to question the justification for retaining a support obligation between former spouses when they divorced, in a society where adultery is no longer penalized in divorce law and women have become more financially autonomous. They found the answers in economic analysis. This article examines the two main approaches that drew the attention of legal writers. The first derives from the economy of the family and is based on the principle of efficiency. The second draws on the economy of contracts and is concerned with the nature of the relationship between the spouses. This attention to economic analysis is novel, from the European standpoint, because we see no evidence of that approach in the European literature dealing with the legal treatment of the economic inequalities between former spouses at the time of divorce.

One method of compensating for economic inequality between spouses at the time of divorce is to award a sum of money, paid monthly over a varying period of time or paid in a lump sum. The criteria for awarding an allowance are comparable in all of the European countries analyzed. The end result of the generality of those criteria is that the principle and amount of the allowance rest largely on the discretion of the judge.

Given the uncertainty that this discretion entails, there have not necessarily been any scales or guidelines developed at the initiative of the authorities with the objective of assisting judges and parties in doing this assessment. However, calculation methods have arisen whose sources and rationales cover a very wide range. The article proposes to produce a review of these various methods and to consider, in the case of France, the rationales they advance.

Bigamy has been a crime against morality since the earliest days of New France. Of the 385 cases identified in our study of bigamy in Quebec (1763–1960), although priests were often called on to attest to the validity of a marriage or the morality of their parishioners, very few of them played the role of informer. Rather, they turned to the criminal courts only when they were unable to quell a scandal by their own methods. It is apparent that not only did the Catholic Church prefer to handle this offence against monogamous marriage by itself, but most importantly, given the small number of cases taken before the criminal courts, it continued to exercise its monopoly over the institution of matrimony during the first half of the twentieth century, even though the civil authorities sometimes flouted canon law. At the individual level, we would note that the institution of marriage remained fundamental throughout the period studied.