TU101 Student Lecture Notes PDF

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Aj. Rick
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Welcome to TU101 Thailand, ASEAN and the World!

Main Texts: Social Science: Selected chapters from: An Introduction to the Study of Society, 16th Edition, Elgin F. Hunt, David C. Colander, 2017, Routledge Press You will find a link to a PDF of the chapter at the start of each chapters lecture notes. Handouts and articles distributed through Line by the instructor. Grading Criteria: Midterm (All lectures up to the midterm) 40% Final (Only lectures after the midterm) 40% Group Work 20% Total 100%

Grade Criterion: Grade Percentage (%) A 90 – 100 % B+ 85 – 89 % B 80 – 84 % C+ 75 – 79 % C 70 – 64 % D+ 65 – 69 % D 60 – 64 % F 0 – 59 %

Class Schedule: Session #1:

#2:

Topics Course introduction

Activities/Text & Materials/Media Handout

Law and the regulation Rule of law in Thailand, ASEAN and of society – Criminal law the world Law and the regulation Rule of law in Thailand, ASEAN and of society – Civil law the world

Lecturer/ remark Rick Levinthal

Rick Levinthal

#3:

Law and the regulation Group activity 1: Commercial liability legal analysis: Thailand case study of society

Rick Levinthal

#4:

The functions and forms Chapter 14 of governments !

Rick Levinthal

#5:

The functions and forms Chapter 14 -- Group activity 2: What of governments ! do you believe? The problems facing Chapter 21

Rick Levinthal

#6:

Rick Levinthal

developing countries #7:

The problems facing developing countries

Group Activity 3: Group presentations on case studies of development issues in ASEAN countries

Rick Levinthal

#8

International political relations

Chapter 19

Rick Levinthal

#9

International institutions Chapter 22 and the search for peace

Rick Levinthal

#10

Gandhi and peaceful Video: “Gandhi” by Richard Rick Levinthal social/political change Attenborough Case studies: Non-violence in action Society, culture, and Chapter 4 Rick Levinthal cultural change

Midterm

#11

#12 #13: #14

Technology and Chapter 6 Society Introduction to Handout ASEAN Business Group presentations trends/opportunities in

Rick Levinthal Rick Levinthal Rick Levinthal

ASEAN Catch up class and final exam review

#15

Study session

Rick Levinthal

!How to prepare for class: A. Look at the course outline and see what we are doing in class. It will tell you what chapter or handout we will be using. There will be a link to the handout or the chapter.

!B. Open the textbook or handout to the proper chapter. The material in your lecture notes is all you are responsible for from that chapter. I have skipped some material from the chapters and added some material in the notes. If I don’t talk about it in class it won’t be on the midterm or final exam. Take some time before class to examine the notes and the textbook. This will make a big, big difference in how well you understand the class. !C.

Take notes in class.

! !D. Review and rewrite your lecture notes after class. Read the chapter and compare your understanding to your class notes. Those of you who do this will find that it is really helpful in learning the material. !E. !F.

ASK QUESTIONS! I’M HERE TO HELP YOU……

I’m happy to help you in our Line group. To ask me a question, please start by telling me that you are a BBA student in TU101. Then ask your question. Please don’t wait to have a conversation with me. I will get back to you as soon as possible. So if you send me a Line message that says Ajarn, I have a question I will just ignore it until you identify your class and ask the question. Thanks!

(Much of the lecture comes from this text but I’ve skipped the parts that only discuss USA law: TU 120 Class 1-3 Law Text It’s not necessary for you to read this text, but you might be interested….)

While every society has some type of law, it can take many different forms depending on the given society. Stable societies depend on government officials to enforce the laws and the citizens to obey them. It’s never perfect in any society!

not everyt

Laws generally reflect people's ideas about right and wrong. However, that is immoral is illegal.

Case of the Shipwrecked Sailors (1).pdf https://en.wikipedia.org/wiki/R_v_Dudley_and_Stephens

is a good example of as values in a society change: https://www.bangkokpost.com/thailand/general/1685336/tougher-rape-law-comes-intoeffect This is the old Thai law against rape. Why do you think it was changed?

TITLE IX OFFENCE RELATING TO SEXUALITY hoever has sexual intercourse with a woman, who is not wife, against her will, by threatening by any means whatever, by doing any act of violence, by taking advantage of the woman being in the condition of inability to resist, or by causing the woman to mistake him for the other person, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht. If the offence as mentioned in the first paragraph is committed by carrying or using any gun or explosive, or participation of persons in the nature of destroying the woman, the offender shall be punished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht, or imprisonment for life. Whoever, has sexual intercourse with a girl not yet over fifteen years of age and not being his own wife, whether such girl shall consent or not, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht. If the commission of the offence according to the first paragraph is committed against a girl not yet over thirteen years of age, the offender shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life. If the commission of the offence according to the first or second paragraph is committed by participation of persons in the nature for destroying a girl and such girl is not consent, or by carrying the gun or explosive, or by using the arms, the offender shall be punished with imprisonment for life. The offence as provided in the first paragraph, if the offender being the man commits against the girl over thirteen years but not yet over fifteen years of age with her consent and the Court grants such man and girl to marry together afterwards, the offender shall not be punished for such offence. If the Court grants them to marry together during the offender be still inflicted with the punishment, the Court shall release such offender.

Examples of types of laws (but realistically many laws overlap the categories):

Economic 1. 2.

Moral 1. 2.

Political 1. 2.

Social 1. 2.

Why do we put people in prison?): 1. 2. 3. 4.

In your opinion, what should prison life be like? How much should the prisoners suffer? https://www.bbc.com/news/stories-48885846 Prison in Norway Google in Thai or English and see if you can find some information about what life is like in a Thai prison. Share the link on the Line group if you find a good one.

Thailand) and c

Law can be divided into two major categories: civil (called private law in (called public law in Thailand).

https://en.wikipedia.org/wiki/Law_of_Thailand

laws regulate n and im

a tion

. In a

aws regulate relations

and may be enfo ed

i

.

Sometimes the same act or wrong

a civil and criminal case.

However, criminal cases require a higher standard of evidence for conviction than civil cases,

What is the difference between

and Civil law?

Laws: Prosecution –Government Prosecutor vs. Defendant guilty or not guilty Disputes between the government and P

t (society)

Presumption of Innocence

Plaintiff vs Defendant L

e

Disputes between P If the d

by the losing party they are

Every crime is made up of certain elements. At trial, each element of a particular crime must be proven beyond a reasonable doubt in order to convict a person. A g. For example, the state can prosecute and punish the person for the crime, and the injured person can sue for damages in civil court. https://www.samuiforsale.com/law-texts/thailand-penal-code.html

These are examples of general elements which vary slightly in different countries:

Y DIC HOC HOCR Defendant Intended to Cause Harmful or Offensive Contact Harmful or Offensive Contact Resulted

DIC FHOC FHOCR Defendant Intended to Cause Fear of Harmful or Offensive Contact And Fear of Harmful or Offensive Contact Resulted

s The person principal. An accomplice is the person w e. The accomplice can be charged with the same crime as the principal. A person who helps organize the crime is called an This person can usually be charged with the same crime as the principal. An is a person who learns about a crime after it has occurred a This person is not charged with the original crime but may be charged with harbouring a fugitive or obstructing justice. See page 14 problem 8.2 TU 120 Class 1-3 Law Text (1).pdf

Most crimes occur when a person does something that violates the law. In a few cases, however, f to act may be a crime if the person had a legal duty t. This type of failure to act is known as omission. See page 15: TU 120 Class 1-3 Law Text

Certain a

. These acts Three examples of preliminary crimes are solicitation, attempt, and conspiracy. n involves n a e. To be convicted for a the a n must have toward committing the crime. In the U s, c nspiracy is an a people to c

However, the Thai Penal code requires five or more persons. Section 210 Whenever five persons upwards conspire to commit any offence provided in this Book II and punishable with maximum imprisonment of one year upwards, every such person is said to be a member of a criminal association, and shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. If it be a conspiracy to commit an offence punishable with death, imprisonment for life or imprisonment from ten years upwards, the offender shall be punished with imprisonment of two to ten years and fined of four thousand to twenty thousand Baht.

w

Crimes against the person include homicide, assault, battery, and rape. They are all serious offenses that can result in harsh punishments. H Homicide—the killing of one human being by another—is classified as criminal or noncriminal. Murder is the most serious form of criminal homicide. In many countries it may be classified as e or nd-degree, depending on the level of p . In manslaughter, the killer loses control Although the killer is still responsible for the killing, the law recognizes that the killer had an altered state of mind that may have prevented him or her from acting rationally. manslaughter is an a resulting from a person's careless behavior toward others. T

with many subcategories:

and determine the penalty.

homicide.

The judge considers the circumstances to

See page 20: TU 120 Class 1-3 Law Text See page 22: TU 120 Class 1-3 Law Text

Assault and Battery The law often treats assault and battery as very similar crimes. A is a threat to carry out a physical attack upon another person that scares them. is any unlawful physical contact inflicted by one person upon another person w . E r, a p with y if he or she intended to harm the other person. These crimes—which include simple assault, stalking, and sexual assault—are classified according to how severe they are. This is confusing because assault is better defined as creating the fear of

harmful or offensive touching. An attempted battery may or may not be an

The law generally has recognized rape and statutory rape as separate crimes. is . Statutory rape is sexual intercourse between an adult and a minor child. Rape laws may recognize that either males or females can commit or be victims of this crime. Thailand recently changed its rape law to recognize that both men and woman can be raped. – What is the definition of statutory rape in Thailand? http://langhub.com/en-th/thai-expat-news/483-thai-rock-star-convicted-of-statutory-rape

To win a conviction in a criminal case, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime with the required intent. The defendant does not have to present a defence, but if he or she does, there are a number of possible defences available.

The defendant may decide to try to prove that (1) no crime was committed, or (2) there was n

e When there is

or doubt a

y and that he or she was not the person responsible for the crime. Today, DNA testing can sometimes be used to prove whether or not the defendant was responsible. In recent years, some people convicted of crimes have been able to prove their innocence because of this testing.

Defendant Committed a Criminal Act, but the Act Was Excusable or J Sometimes a criminal act may be considered excusable or justifiable. This type of defense includes and defense of property and others. Thai law allows people to use deadly force when their own or someone else's life is in danger. The law also permits people to use reasonable force to protect themselves, their property, and others from harm.

H c

r In this type of defence, the defendant acknowledges that he or she

The law recognizes several reasons that may excuse a defendant from criminal responsibility. These defences include i , i i s y, duress, and . Who is a child in Thailand and how are they punished? https://www.unicefirc.org/portfolios/documents/446_thailand.htm#:~:text=407.,not%20liable%20to%20crim inal%20punishment.

T Under criminal law, wrongs committed are called crimes. U er c . In civil cases, the can sue the person believed to be legally responsible for the harm (the defenda ). Tort law establishes an expectation that people should act with reasonable care toward other A defendant found responsible for injuring the plaintiff will usually be ordered to pay the plaintiff money, called damages. D associated with the injury. The p Often the two parties can meet and make an agreement—or ment—on compensation for the injury.

There are three major types of tort liability—intentional wrongs, acts of negligence, and strict liability. An i g occurs when a person or his or her property. —the most common person. E

l, the person who caused injury c n still nd causing harm. r engaged in certain dangerous activities to assume extra responsibility for the consequences of their actions. Thailand has also adopted strict liability for consumer products.

T Tort law deals with disputes between individuals or groups of individuals. Unlike criminal law, the c , and defendants never go to prison. While both criminal law and tort law require substantial evidence to prove the defendant is responsible, c more convincing evidence. Although a tort and a crime are different legal actions, the s

e Negligence is the conduct that falls below this standard. Negligence law is concerned with paying victims for the injuries that have been caused by someone else's conduct. Who can you sue?

An employer is always responsible for only the negligent torts of their employee as long as the negligence occurs during the course of business. This is called . It is the law in Thailand

Negligence applies to many kinds of wrongful conduct. Four elements must exist for a plaintiff to win a negligence action—d The plaintiff must prove all of these elements in order to be successful in a negligence claim.

people and their property. e. In order to judge whether or not a person's conduct is reasonable, the law asks: Would a person of average intelligence and general regard fo others have acted in the same way? If the answer is no, then the person's behavior was unreasonable..

C

n In order to prove causation, there must be proof that the defendant's actions

actually led to the harm suffered by the plaintiff. Thai law says there must be a close connection between the wrongful act and the harm caused. t . Write the definition of foreseeable:

Give an example of an injury from a negligent act that is foreseeable:

Give an example of an injury that is not foreseeable:

The basic idea behind damages is that the This is called Courts allow plaintiffs to collect for medical bills, lost wages, pain and suffering, and other losses. PUNITIVE DAMAGES (Punishment Damages) What is the purpose of punitive damages?

Are punitive damages awarded in Thailand?

Read the handout on Thailand’s product liability act for the answer. Thailand's_Product_Liability_Act.pdf

s The plaintiff must prove each of the elements to the judge. E Many countries, including Thailand, allow a defense called comparative negligence. In . For example, if a judge decides that a plaintiff was 60 percent responsible for injuries and the defendant only 40 percent responsible, each would only pay that particular percentage. As another legal defence, the defendant may argue that the plaintiff assumed the risk of the harm and should therefore be held responsible for the resulting injury.

BBA Negligence Worksheet Ice Cream Inc.

On 7 August 2020, BBA students made plans to open a stall selling ice cream in the Thammasat main canteen. They properly incorporated the business and each student held an equal share. They named their company ICE CREAM INC. They planned to use the profits to fund student activities. They hired three workers to staff the stall. On 9 August, an ICE CREAM INC. employee moved all of the ice cream equipment and ingredients to the Thammasat canteen. She arranged the equipment and ingredients to be ready to open for business the next day. In her excitement and hurry she placed a can of powdered rat poison on the shelf above the ice cream machine along with the other ingredients. The label on the can said in both Thai and English: “Danger! Do not place near food. Small amounts will cause convulsions in humans!” On 10 August, on the first day of business, Sornchai, an ICE CREAM INC. employee started work at 9 in the morning and began adding the ingredients to the ice cream machine. Sadly, Sornchai made the mistake of adding rat poison to the ice cream instead of sugar. At 11:30, Ton, an air conditioning technician who worked for Thammasat, was the very first customer for the new business. He took a few bites of vanilla ice cream before deciding he didn’t like the taste and throwing it away. He felt fine though. At 11:33, Ton drove away from the canteen towards the Faculty of Commerce and Accounting on his motorcycle. At 11:34, Ton began experiencing convulsions. He lost control of his motorcycle and crashed into Lek, a BBA student as she was walking in front of the library on the sidewalk. She wasn’t really paying attention to anything because she was sending a text message to her boyfriend and did not jump out of the way in time. If she had been paying attention to the world around her she probably, but not certainly, could have moved out of the way of Ton’s motorcycle. Lek’s left leg was seriously injured in the accident and an ambulance took her to the Thammasat Hospital. Unfortunately, while in the hospital, a nurse ran into h...