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Lecture 9

SOC323-lecture 9.docx

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Zachary Levinsky

SOC323-LAW AND SOCIETY LECTURE 10:3/17/2014 OUTLINE -Legal Consciousness -definition -goals of research -The Common Place of Law -before -with -against -The Narrative 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) Legal Consciousness -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 lawhow 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 its absence) -“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 it again 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
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