SOSC MID TERM F U .docx - 1 Law on the Books Ewick and Silbey Talk and the walk of the law are different Relation to social instructions and legal

SOSC MID TERM F U .docx - 1 Law on the Books Ewick and...

This preview shows page 1 - 3 out of 4 pages.

1 Law on the Books Ewick and Silbey Talk and the walk of the law are different Relation to social instructions and legal entities People are evenly or unevenly are experiencing the law Visible and invisible o What is said and not said in the law/legal discourses Law as a social action How and what effects law o Made, enforced, violated, and avenged Observational Methods Vago 2 types: o 1) human observation or mechanical observation o 2) response by questionnaires Participant observation o Circumstance and luck o Right place right time Advantages o Opportunity to record info as the event unfolds o Validity is high o Not rely on observer’s willingness to report events Limitations o N/A to large settings o Selective perception and memory = bias Cannot account for everyone/thing Case Law Vago Law-making by precedents Body of opinion developed by judges over time in the course of deciding particular cases Stare decisis: stand by what has been decided Precedents are much more efficient than refacing problems that have already been solved Varieties of Legal Consciousness Ewick and Silbey Before the law; with the law; against the law Legal consciousness: participation in the process of constructing legality Reaction (applauding or criticizing) Always a collective construction The Indian Act (1876) Palmater Division of two categories: o Status and Non-status Indians Erosion of Indigenous identity, culture, and communal connection o Gov’t control over recognized Indians Solution to the colonization of Canada o Indians = menace Residential schooling policies o Brutal and violent way of restricting Indigenous culture Public Opinion Vago Custom becomes law o Define outlooks as a group Diverse opinions against specific concerns o Sentencing o Expressed through media, political parties and interest groups 3 influences o Direct: rewards offered to lawmakers o Group: organized group represent constituency o Indirect: behalf of the desires of a constituency Seek to determine the aggregate view people in a community hold on current important issues Legality
Image of page 1
2 Ewick and Silbey Feature of social relations rather than an external apparatus acting upon social life Diversity in situations Invokes commonplace schemes of everyday life Routine practices and legal practices
Image of page 2
Image of page 3

You've reached the end of your free preview.

Want to read all 4 pages?

  • Fall '11
  • DenaDemos

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes