The Hudsons Bay Company :: essays research papers fc

Lawmaking is a complicated, complex and comprehensive process which involves the locating, think and directing of sociable see to it. There are strong theories about the perfume of social project. Some sociologists have even concluded that social control as a concept should be discarded tot every(prenominal)y because its government agency as an analytic tool was weakened through an unhealthy gang of overuse and under-ex computer programmeation. As Chunn and Gavigan point out, it is not sufficient to use social control as an analytic tool when one begins with the approach that (1) either the meaning of the concept is too obvious to need definition or (2) the concept is undefinable but can be used without macrocosm defined. For the purposes of this study, an attempt will be made to examine the dialectical consanguinity between legal power and social control using the Hudsons speak Companys monolithic jurisdiction over a large part of north America. The period under study i s from the Companys chartering in 1670 until 1821, when a new regulatory act was passed. An examination of the legal system which was operative in the ripe 17th and entire 18th century in Ruperts Land offers discernment into the roots of the Canadian legal process. In spite of the corporate character of the Company-run Ruperts Land, I believe that a close study of legal questions, cases and decisions that arose during the Companys get-go one hundred and fifty years will indicate that all the social control mechanisms were not in the Companys hands. Rather a synergy between the Company and the frontierspeople determined the nature of the laws.To cope with the above-mentioned difficulties in using social control as an analytical tool, I plan to use the conceptual theme of social controls suggested by Russell Smandych. Smandychs approach returns analytical usefulness to the social control concept. He examines the layers, levels, nuances, and threads of social control that both defin e and confine behavior. He takes social control abbreviation a necessary extra step by recognizing that it is not an aggregate in and of itself but that it is a collection of controls, each operating at a different level. And rather than using the controls found in a society as explanations of that society, Smandych recommends using the possibility of these controls as analytical devices for restudying and rethinking a society.The Hudsons Bay Company was entitled to handle all law making, enforcement, and implementation from 1670 until 1870. Because the Hudsons Bay Company was working with a tabula rasa (especially as it did not let on consideration to aboriginal laws), judicially speaking, it offers a prime example for viewing the development of law from step one.