Law and Society 20140215
History as a methodology to explore law and society relationship
• What evidence does Loo draw on? Loo is drawing on primary resources: journals, articles,
newspapers, and diaries also singular cases where an odd things occurred, tried to use that to
extract colonial meaning and so forth. Heavily relied on records than word of mouth.
• Two competing views from the recommended article, how do they decide what is important: by
negotiating and evidence is malleable.
• “History is a discourse about but fundamentally different from the past.” History isn’t capturing
anything from the past, it is not a closed off piece, it is not just a story but also an
• What theoretical constructs is the author coming from? Questions of evidence and theory are
buried in text citations or footnotes.
• Loo tells about how we view others, and questions about argument, she is very clear that she
is talking about colonial identity.
History as a “story.”
• Presenteeism: slave being caught in Canada to be taken back into US, termed by the author as
the race riot.
• “…And whose products, once in circulation, are subject to a series of uses and abuses that are
logically infinite but in actuality generally correspond to a range of power bases that exist at any
given moment and which structure and distribute the meanings of histories along a dominant
marginal spectrum”—Jenkins 1991 p.26.
YouTube video: On orientalismEdward Said
• How does this connect to Loo article? Crime reveals something about social identity.
Savage vs. Non Savage
Understanding of property and so forth: it is a new idea, its part of the power knowledge and
once you can divide up land you can control it like it was not controlled before, and it’s related
to bizarre superstition.
• She talks about Indians as “slaves to their emotions—in the murder the following was
o Fickle and treacherous nature
o Superstitious proclivities
• Where is the inaction of the other? Where do we see this today? The relationship between the
Middle East and America: stereotype of Muslims.
Criminal Other • “Criminals a social resource from which a community takes and sustains its identity” (Loo citing
Faller at p.113)
• Lombroso: trying to classify the criminal.
• The super predator emerges thinking that the rational person knowing what they were doing
being cold and what not so they commit the heinous crimes.
• “In emphasizing the India