Law has significant influence on social life of people everywhere as well as in Canada. For instance, criminal law plays a very important role in the society by making people know the prohibited conduct in a society, labor relation laws describe the management as well as rights of labor in institutions or workplaces while income tax legislation describes the resources and fund allocation based on income level. According to Boyd (2010), law plays a very important role in the criminal justice sphere where it ensures social justice control, which is divided into four main styles such as reconciliatory, compensatory, therapeutic and punitive social controls. Boyd (2010, p.3-7) argues that reconciliatory type of social control is quite appropriate to deal with some social crimes but for the social control to be effective, it requires the good will of both the offender and the victim. In most cases, it has not been possible because most victims do not want to be reconciled with their offenders but instead demand legal justice rendering the social control less useful. Reconciliatory style of social control assumes that the offender and the victim live in the same place and belong to the same society. Such situation is not true in urban life of Canada where victims and offenders may not see each other again. Therefore, reconciliatory style is can be appropriate in anonymous and less urbanized communities where the offender and the victim live together in the same society. It is also possible if both parties could be interested in reconciliation irrespective of where they stay or live.
Therapeutic style is about rehabilitating or treating the offender rather than punishing him or her. Therapeutic social control aims at making the offender less likely to commit a crime in future. People of Canada have had difficulty in comprehending the four styles of social control because the concepts of compensation as well as conciliation are not incorporated in the current legal structure in Canada. In Canada and many other countries, the legal system does not target bringing together the communities and the offenders. Hence in Canada and other industrialized states therapeutic and punitive types of social control have been embraced as the best forms for criminal justice. It is important to note that social responses and types of punishment for criminal offence change significantly with time in Canada. History of criminal justice in Canada shows that state responses or crimes committed as well as punishment for committed crimes has changed significantly with time.
For instance, one century ago, abortion was regarded as a crime and the physician who was proved guilty for performing abortion was sentenced to death while homosexuals were sentenced to imprisonment for committing such acts. Unlike today, the law permits both homosexuality and abortion. In dealing with homicide in Canada, capital punishment was abolished in 1976 and replaced with first-degree murder, second-degree murder and manslaughter (non-capital) punishment. Such categories were arrived at because there was increase in execution cases in 1950-1960s periods. Statistics show that for the past forty years the rate of murder increased from 1966 to 1975, became constant until 1990s before the statistics began to decrease steadily up to a few years ago (Fuller, 1981, p.8). Some people could argue that such change in the statistics was due to change in using capital punishment but no evidence could be used to support such claim. The change in the statistics is attributed to social changes, which include increase of women in the labor force, conflict in female-male relations, increase in alcohol consumption and increase in the rate of divorce.
For many years, women have been neglected despite the wonderful role they play in the society. According to Smith and Schwarzenbach (2003, p.23 – 24) women have been omitted in several constitutions throughout the world where Canada and the United States at large are not exceptional. Females have not been mentioned in the constitution, implying that women have been excluded in the constitution for a long time. The fact that constitution does not designate the role of women means that neither the state nor the constitution is compelled to assign them a role. Misrepresentation of women in the constitution in Canada or/and other states is an indication of biasness of the highest order. This is because women constitute a very big portion of the national population, which outnumber men in some countries. Ignoring or excluding such a significant portion of the population in the constitution is unfair. In addition, women have been victims of gender violence. They have been battered, rapped and looked upon as insignificant members of the society. There has been increase in the rate of divorce in Canada in the past years and women have suffered in the hands of their spouse whenever a divorce took place. Presentation of women in political and/or key positions in the state has not been representative enough. There has also been an increase of women in the labor force in Canada among many others. Such significant role that women play in Canada as well as the violence they are exposed to have inspired feminists who have been able to advocate for their recognition.
Ignoring of such a population, which has been victim of violence in the past prompted people of integrity to champion their course and rights in the society. Hence, the role and position of women in Canada have influenced Canadian law and lawmakers through feminist perspective. This has led to feminist jurisprudence, also known as “the analysis of law from the perspective of all women” (Smith, 1993, p.3). Feminist perspective looks at issues and situations from the perspective of women as well as to represents the side of women of things. Smith (1993, p.3) argues that feminist theory has it that today and throughout history men have conducted public discourse exclusively and in their perspective. Consequently, men have been formulating the nature of women as well as determining their interests. Since time immemorial, women have not been allowed to represent themselves but they have been represented by men. Men have not represented women fairly and accurately despite the magnitude of the role women play in the society.
Feminists have come up with theories and have done extensive research on women subordination, misrepresentation and gender violence among many others, which they have used to present the case of women to all representatives in different spheres of life. The sufferings of women in the society throughout history are undeniable. Women have suffered in the society due to violence orchestrated by men> For instance, they have been battered, denied property, they have been rapped, they have been sexually harassed, forced to marriage among many others. Such violence against women has led to the call for protection of women interest and rights by the act of law. Feminists have therefore argued the plight of women to lawmakers in Canada. Feminist perspective convinced lawmakers to increase women protection, rights and presentation in the Canadian constitution, which has influenced the Canadian constitution in the end.
References
Boyd, N. (2010). Introduction to Canadian law and Legal Institutions: a criminal justice perspective. Simon Fraser University.
Fuller, L. (1981). Philosophy for the practicing lawyer. In K.L. Winston (ed.). The principles of social order (pp. 282-290). Durham, NC: Duke University Press.
Schwarzenbach, S. & Smith, P. (2003). Women and the United States Constitution: History, Interpretation, and Practice. New York: Columbia University Press.
Smith, P. (1993). Feminist Jurisprudence. New York: Oxford University Press.