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Lecture 8

SOC232H5 Lecture Notes - Lecture 8: Bell Hooks, Patricia J. Williams, Legal Realism

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Zachary Levinsky

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Last week
oEffects of court cases and rule of law on society
oHow sociology look at this problems
oTurn criticle gaze on the author
Why are they chosen
oSarat says that its no clear who is doing society work
oLaw can appear neutral- give it symbolc vaule, can be oppressive
Law is a rhetorical rule
Tells a story
oLaw can be used to silnce and decontextualize
oSurpirise reults happen
oHomosacer- stripped of their meaning, identity and context
Law can do that
When we have people that strike fear- we can operate them to the
harshest mean
Loo the abilty to fram things in particular ways
oLaw trying to address their own wrongs
Inquiry of commissions
Can law be accessed to readdress wrongs?
Catherine MacKinnon problem
oLaw understands that there are marginalities, but how are they address
oCatherine says affirmative action
oJust like the law trying to recruit immigrants and women
oLaw in action – racial profiling
It’s the law in action
oLaw is everywhere- the lowered curb for the disabled people
Where o we see the law? Court, media

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oWrongful convictions- those are exceotions
oMundane place of law- what is the everyday places of the law
The death of profane
oSacred versus profane
Profane is the understanding of everyday
Weve been talking about law as been scared, law operating above us
Profane is routine, profane is everyday
Profane is imminent
oPatricia Williams- death of the profane
Wasn’t allowed to enter the store, told its closed but people were
shopping- she wrote about the racism but it was edited out
Idea that the buzzer is neutral
Law says that the store clerks story should be heard
She is relying everyday story as anecdotal
Framed differenctly
Law being very neutral and objective- that’s why the lawyers were asking
Stripping context- law and academia do that
What gets silenced?
Academia is suupose to be objective not emotional
What happens when we bring in narrative or emotion
Sarat and autobiography
oHow did we end up wit this discipline that is sociolegal studies
oLaw and society- we cant leave it to lawyers
We cant ket laywers define that
It needs to be studied betond what the lawyers say
The bith of sociology, rendered it ojective and some phenomenon
1930- the legal realism movement
Gap law on the books and law in action
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