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Lecture 5

SOC 209 week 5 notes.docx

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Nathan Innocente

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Week 5: Soc216 Legal facts: - Aspects of law, which constitute facts - Distance from origin to the act – ex renewing license. But don’t think about legal viewpoint. Doesn’t appear for law to be there at all. - Omnipresent.- everywhere you go law is there - appear concrete and resolved, no debates - source of dispute and communion. Sense of community, following similar traffic rules. - example: chair in a parking spot. Automatic sense of legal actions coming. Common understanding of trespassing. - legal facts and you : syllabus, exam rules, plagiarism, missed test policy, (see attachment in bb) “rarely is the law a matter of active contemplation or calculation. Typically we become aware of the law and ourelation to it when formal law and te violence embedded in it make an appearance” -counters deterrence theory/ rational choice -how is violence embedded in the law legal consciousness:  sacred vs. profane profane: temporal, vertical, everyday  focus on peoples experience of law.  People not exclusively in legal conexts,  De-centre law.  Understandings of law based on relationships, shared customs and habits and personal perceptions of identity  Consider responses of law: ignoring it, reconstructing it, unanticipated ways,  Ewick and silbey legal consciousness is : “participation- through words an deeds- in the construction of legal meanings, actions, practices and institutions.  Has a critical project (2005:323)- why do people acquiesce to the legal system which systematically reproduce inequality. Ewick Silbey : narratives Before the law: - majestic - legality as separate from everyday life - authorative and predictable - laws own story of itself - protection of the individual from group norms - i.e. jury duty With the law: - legality described as a game - self interest and using legal rules to achieve their desires - wise to the idea that the haves come out ahead- more effective resources win - deceit is permitted-you can keep lying. Up against the law: - law as ar
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