20140405 20140405 Lecture 7 20140405
• The Death of the Profane
• Sarat and the Autography
• Can the law be used to redress the law: how can we use the law to advance justice and think about justice?
• Catherine MacKinnon Problem
• Even the explicit recognition of the marginalized serves to legitimate and reinforce the notion that they need
• Problems: Capital McKeon problem—affirmative action problems addressed the hiring of women and so forth,
she states there is sexism. She flags at this recognition that she needs help.
• Ideal realism: looking at that gap between laws on the books and law on action. Example) Marijuana laws,
Potlatch Law. It seems oppressive and there is a gap between how it is enacted and how it used.
• Mundane place of the law: Patricia William story:
• Prof thinks Personal is necessary. Think about scholarship and how is it different and is it different? Is it a
collection of narratives?
Think about it in Akwasi’s article. She is just a whiny person is what was surrounding opinions.
Sacred versus Profane
• Profane is anecdotal it is normal.
• Her as an academic, her as an consumer, and her as an educated individual compared to a snotty boy not letting her
inside in her article.
• Product of police culture.
• “The scared, according to Durkheim, is not based on a belief in supernatural entities…the central dichotomy in pre
literature culture was to be understood as separating those things, times, places, persons, animals, birds, stones, trees,
rivers, mountains, plants, or liquids that were set apart (sacred) from routine (profane) uses in everyday life: 1039.
Tracing the discipline of law and society:
• Comprehensive exam: what does sociolegal studies mean?
o Go back and look at the quotes he gave at the beginning of his article.
• Starting Point: Cannot leave it lawyer.
o We cannot let lawyers to define what the law is, we need outside bodies looking at what the law is.
o Attempt to render it scientific?
o 1930s—Legal realism Lecture 7 20140405
Gap law on the books and law in action
o 40’s and 50’s Law Schools
Doctrine oriented and professionalized
o 60’s—social movements, civil rights, feminism
o How the law was a part of systemic injustice
o How is law part of justice?
o Silencing of Patricia Williams is a form of violence, battle over narratives?
o Still not pinned down: she is not downplaying this case, there are other ways of looking at that question.
o Loose object of study of law and its relation to society: somehow it is connected.
How they constitute each other
• Law influences identities
• But also law is constituted by norms, values cultural change
How do problems become legal
o Idea of social control: is it not everything and everywhere. Because it explains everything then it explains
• Interactions can change the law
• A lot of law and society relationships look at law as big policies like the welfare office
• They come to the gene