SOC323-LAW AND SOCIETY
-goals of research
-The Common Place of Law
What does Hockey violence tell us about…
-the domain of hockey and its relation to law?
-the law in action and the law on the books
-intentions (o’charra hit Vancover)
-the Canadian identity?
-elements of hockey that speak to Canadian nationalism
-shifting away society reacts to violence in the sport?
-emergence of concussions, head shots
-also the NFL
-how the NHL can be better regulated/held accountable?
-through the criminal or civil law?
-criminal law is not the end all and be all
-or through informal mechanism
-threat of cutting sponsorships to players bc of actions
-or by their own system? -hiring of Shanahan (regulates hits and what penalties are given)
-de-centre law (seen in sirat article)
-look away from law to get at its role
-look at everyday ppl
-why do ppl choose not to use the law? Try and find out stuff about law
-understandings of law take shape based
-how do ppl understand the meaning that law has
-can be based on ppls relationships (how do ppl see the law)
-shared customs and habits (law is somehow shaped by these customs, it is beyond us,
and it reflective of communities, locations and societies)
-personal perceptions of identity (considered to be a mark of intelligence)
-laws influence is in part derived from the customs of the ppl (top down lawhow does law
impact society not how society impacts the law (bottom up law))
-look at ordinary ppl not located exclusively within legal contexts
-research agenda shifts to ways ppl respond to law,
-by ignoring it
-by reconstructing it
Legal consciousness: defintions
-legal consciousness “formed within and by social action” (Cooper 1995:510)
-therefore laws role in everyday life derived from the ways ppl experience its presence (and/or
-“participlation—through words and deeds—in the construction of legal meaning, actions,
practices and institions” (Ewick and Silby: The Common Place of Law)
Legal Consciousness: Goals (critical project)
-how does the law sustain its intuitional power despite persistent gap between the law o nthe
books and law in action?
-how doe ppl acquiesce to a legal system that, despite its promises of equal treatment,
systemactically reproduces inequality? (SIlbey, After Legal Consciousness 2005) -why do we let this happen?
-a reaction to Marxism?
Shift in Law and Society (1980s)
1.Abandoned the Law First Paradigm
-is this law successful abandon this idea, but where do you expect to see the law, and
why is it not there if that is the case
-shift to the non-professional actor (not the lawyer, judge, police)
2. Abandoend focus on measurable behavior
-being a collection of stories
-do something different
-focus on anthropology or enthography
3. Shift from the ‘native’ categories from legal actors (the object of study) to newer concepts
-take subjects view at face value
-using lawyers and their language as the tools of analysis
***how do these narrativrs play out? Where have you seen these narratives in your life?\ how
does mellie simpson as before the law?******
-Before the Law:-she was just going along with even when the sentence was wrongful
-she says it was written down? She assumed since it was written she didn’t have to say
With the law: the employer (THE WIFE) powerful white women has to come in just so
she can get justice, so they give them their l