Class Notes (836,580)
Canada (509,856)
Sociology (4,081)
SOC323H5 (91)
Lecture

The law appears neutral most of the time (2).docx

3 Pages
160 Views
Unlock Document

Department
Sociology
Course
SOC323H5
Professor
Zachary Levinsky
Semester
Winter

Description
Death of the Profane & Sarat • The law appears neutral most of the time. • The law is a tool of oppression o The law isn’t always just or fair • The law is a way to strip things of their context o Away to silence particular things • Society isn’t just shaped by the law, society can shape the law as well. • Silences in the Reena Virk case • How the law tries to deal with wrongs o What do you do when you have a wrongfully convicted • The idea of legal realism (Sarat) o The law on the books vs. the law on action o For example: potlatch law: the law by just reading it seems oppressive. However it was more than just an oppressive tool. • The law is everywhere. Isn’t always an oppressive thing but rather a part of everyday social relations Patricia Williams: The Death of the Profane • She is shopping • If you want to get into the store you had to press a buzzer for someone to let you in • The store clerk did not let her in • The store owner said they were closed and she wasn’t allowed in • She tried to tell her story and editors took her story away from her. o They edited a lot of things out of it. o Did not let them to state her race • The buzzer is a neutral everyday device but we see how it gets used in a different way o Maintains a particular status quo • See how these neutral things, can hold a lot of other underlying meanings • The buzzer system put up an elite system o Class struggle in terms of not letting her in because of her class and race. • Her story still got distorted by academia o She suggests scholarship doesn’t need to look in a particular way • Racism is justified by other means o “If we put ourselves in their shoes we wouldn’t have let you in either” • The person who writes the newspaper article about what Patricia said is going to have more weight than what Patricia said, because the author essentially knows more. • Newspaper recollections are more important than oral evidence. • The profane really means “the everyday” o Patricia is trying to bring us the everyday but the everyday doesn’t matter to scholarship or is less emphasized • The deviant one off cases are stripping context. • If we all police brutality as a product of “bad apples” it is not a represented of culture • Relate to Loo and Spectacular Justice Sarat: • Sarat is trying to figure out what it means to do law and society research • It is not clear what law and society should be doing • We can let lawyer define what the law means • How can the law be rendered scientific (Galanter’s) • Legal Realism movement: the gap between law in the books and the law in action o The law then become highly professionalized o As the law becomes professionalized in the 40’s and 50’s • IN the 60’s there becomes civil rights movements and feminist movements • How does the law perpetuate injustices. • The idea of law and society is not pinned down o Because the law itself is constantly changing therefore we cant really pin down what research on law and society does • Law and society constitute each other o Generally interested in studying the law and how it is loosely related to society o The law influences identities o The law is constituted by the norms and values and by social relationships, cultural change o
More Less

Related notes for SOC323H5

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit