Week 5: Soc216
- 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
- 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
sacred vs. profane
profane: temporal, vertical, everyday
focus on peoples experience of law.
People not exclusively in legal conexts,
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
Has a critical project (2005:323)- why do people acquiesce to the legal
system which systematically reproduce inequality.
Ewick Silbey : narratives
Before the law:
- 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