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Lecture 10

SOC323-lecture 10.docx

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Zachary Levinsky

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SOC323-LAW AND SOCIETY LECTURE 10:3/24/14 Outline -finishing Ewick and Silbey -legal geography -SCP/CPTED and defensible space -Valverde -Blomley Social Marginality: some Conclusions of Ewick and Sibley -problems identified by women and racial minority situations most likely to be defined as minor, trivial or personal (ie/. Not a legal matter) -they then started to interpret these as minor themselves -problems experienced by socially marginal persons failed to find expression within dominant legal narratives and structure -social marginal ppl couldn’t access economic resources -these ppl are cognizant of the inability of legal concepts to capture their experience -a lot of these instances of racism and discrimination do not get raised -the ones that we do focus on, don’t emerge in the courtroom -many blacks respondents described situations they had experienced discrimination (ie./ in the workplace but resultant to call it discriminatory) -designed themselves to silence The Narrative (important in legal concepts) -ex. Ashely Williams -narrative is important -must expand research methods -researcher must be able to follow up on questions, not just ask to ask. -more than just peoples accounts -ways ideas about and understandings of law develop -helps notion law is understood experientially -by not asking about law explicitly you get understanding of what law means to ppl and how it shapes their identity -narratives provide some semblance of order -law is fashioning a narrative -narrative helps to make sense of the law -ex. Sirat, Williams (connection) *****-uncovers stories that have been buried, silences or obscured by the logico-deductive methods of social science (Silbey 1995) -this seems like an important point/tension to think about -challenges notion that ppl absorb a dominant ideology -‘uneducated public’ problem (millie simpson article—she is not acquiescent to the law) -“acquiescence” may be fact for observer -but not experienced as such -law is something that moves through time, so collecting ppls narratives is important -to Legal Consciousness researchers -if law and society constitute each other -law is not top down, it can be influences by culture and norms -law is multi-directional, its not just how law effects society -then: one cannot possibly ‘acquiesce’ to the law -One can only effect its re-shaping -ex. Liue’s analogy of “the net”: law gets reshaped constantly, certain things can get through and not everything can get caught through the net -narrative can get at this continual re-shaping -moves law from a single isolated phenomenon Summing Up -shift from Galanter’s work: -moves ‘law and society’ work away from the court -how is the law constituted in the social? -and how is that ‘haves’ continually allowed to come out on top? -somehow, L&S seem to always come back to this question (Sirat as wel
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