cLJ 200; Week Five Notes
cLJ 200; Week Five Notes CLJ 200
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This 7 page Class Notes was uploaded by Katie on Sunday February 14, 2016. The Class Notes belongs to CLJ 200 at University of Illinois at Chicago taught by Professor Greg Matoesian in Spring 2016. Since its upload, it has received 22 views. For similar materials see Law And Society in Criminology and Criminal Justice at University of Illinois at Chicago.
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Date Created: 02/14/16
CLJ 200 Week Five Notes Summary of Marx, Weber and Durkheim View of Social Order (how are societies organized): Durkheim: Morality. Social cohesion requires integration around core values. Social change is evolutionary Marx: Base and superstructure. Instrumental v Structural Weber: Rationality; legal rational authority Methods: Durkheim: positivism. Natural science model; single cause and effect; objective evidence used to develop causal laws Marx: historical materialism; knowledge used to bring about social change Weber: historicism; natural and social sciences different; no general laws possible; meaning to participants; multicausality built up from analysis of concrete cases Legal Change: Durkheim:repressive/restitutive; change in law correlates with change from simple to complex society Marx: under capitalism law protects capitalism Weber: capitalism and formal legal rationality feed off each other; relationship reciprocal (elective affinity). Irrational to rational law (PESC) PostModern and Micro Approaches to Law and Society Postmodernism No ultimate knowledge or reality or truth No more metanarratives like Marx, Durk and Weber Modern world has ended; we are now in the postmodern world (some claim late modernity or late capitalism) End of the Enlightenment and Romantic thinkers who believe in reason and science PoMo continued Postmodernist thinkers challenge the belief that we can come up with “truth” through reason and that we can construct a better world (Hey sounds like Weber!) How does pomo relate to law? Modernist belief in law is that it embodies the prevailing values etc of the majority in society Modernist view is that law promotes order ala Durkheim and brings about uniformity, continuity and predictability to legal decision making ala Weber PoMo: it isn’t the law but the interpretation of law that’s crucial. The interpretation is the legal ruler of things! (now you can see where the micro folks and Foucault come into play; think about the Rodney King Trial Video!). Foucault Discourse generates truth or truth claims Truth is not produced impartially but involves power Truth is politics; what counts as true is a power thing, never neutral produce of reason or science etc. This isn’t a bad thing or good thing; it just is. Foucault Moreover, power is not something that emanates from a central source ala Marx (power comes from the base or economic); Power is scattered all over the place. It is micro and we need to exam the micro techniques of power as these are applied. When we look at the law for instance we see power applied through a whole host of techniques: experts, scientists, medical personell, not to mention attorneys, judges etc Power in the R.King Trial Just an example. Make sure to go over the readings in the encyclopedias for a more detailed understanding. Sgt. Duke and expert witnesses. How is “truth” assembled as an object of “knowledge.” 1. Coding Schemes or how we organize the world into categories. 2. Highlighting or foregrounding aspects of reality, bringing certain items into prominence while backgrounding others. 3. graphic representations. R. King continued Terry White the Prosecuting Attorney said: The tape speaks for itself. “It can’t be rebutted”. The defense claimed otherwise, that the tape showed finely crafted police work (or legitimate police work or whatever you want to call it) The defense used the tape to control perception of the jury R. King continued Duke coded aggression as a legitimate police practice: a coding scheme for the escalation of police aggression. Remember what he said: “There were ten distinct uses of force rather than a single use of force.” “escalation and a deescalation and then an assessment period.” He does this 10 x. (metal tools for batons and kicks=police “tools” Notice how he used the “pointer” to display things like “now we see the buttocks starting to rise” R. King continued “Buttocks starting to rise” = foregrounding R. King as the “aggressor” “in control of the situation” while the passive “we see a blow being delivered” backgrounds the police violence (no agent!). Remember too he used the term “charged” provide instructions to see what was on the tape. Rodney King is highlighted on the video tape while the officer’s are backgrounded (they used a special lighting effect for this you might recall) R. King continued Shows how experts speak as “professionals” to create the objects of knowledge or truth claims as Foucault mentions. But as Foucault notes this isn’t truth in some absolute sense but relative to the mobilization and deployment of effective techniques of power. EM/CA/Goffman You can see that the socalled “micro” approaches that Foucault advocates are a bit more important than we might original think. Several of these approaches are crucial to understanding law and society: EM/CA/Goffman (we’ve discussed these throughout the course and illustrated them but I’ll do it once again a bit more systematically) Micro continued As Travers mentions in the ELS: How is the objectivity and social facticity of law produced? As Rawls mentions in the EST and Travers in ELS, EM wants to know “what are the concrete practices that produce the order of social action”? In the CA entry she states that “conversation is orderly in its details.” Notice that we’re not interested in concepts or categories or classifications or analytic or theoretical schemes or statistics or interviews but how you and I actually produce social order in our practices. Micro continued Most of us think this domain is “too messy” to study but for EM/CA that’s totally inaccurate (not to mention lazy thinking). CA is the major part of EM that’s interested in the production of conversational order (like the order of passing through a narrow doorway during the end of class etc). How do we take turns etc? Micro You can see the relevance of this in courtrooms for example quite clearly (also think of the jury deliberation video too). Mercer Video here to illustrate. The law is talked and embodied into being. Erving Goffman Focuses on the interaction order. Similar to EM/CA but he tends to use concepts rather than concrete real practices. Dramaturgy: Social Life is like theater. Impression Management (recall the Emerson example of “saving”). Front stage and backstage performances (misdemeanor rape and homicide) Forms of talk: footing (relation we take to our utterances) Video again Researching Law and Society Historical, observational, experimental and survey Research/data distinguishes law and society from formal jurisprudence and legal philosophy. We use data. What kind and what for: To Describe and Explain Legal Behavior. Historical Official documents and records over time. Chambliss study of Vagrancy is a good example as it is of conflict theory. TEST Question!!!Study events over time to gain a richer understanding leading to present. Historical Evolution of Drug laws culminating in Harrison Narcotics Act, Marijuana Tax Act etc shows how minorities are discriminated against and how such laws serve the narrow self interests of moral entrepreneurs like Harry Anslinger. Anslinger and FBN. AntiOpium Legislation in CA in 1800s started out with Chinese Opium Den Operators but ignored the Anglo Importers. Study evolution of law over time and events leading up to these like Loving v Virginia in 1967 Miscegenation. Marijuana Tax Act Hearings (suppose you want to know where pot laws come from?) Dr. Woodward: I say that we do not ordinarily come directly to Congress if a department can take care of the matter. I have talked with the Commissioner, with Commissioner Anslinger. The Chairman: If you want to advise us on legislation, you ought to come here with some constructive proposals, rather than criticism, rather than trying to throw obstacles in the way of something that the Federal Government is trying to do. It has not only an unselfish motive in this, but they have a serious responsibility. Dr. Woodward: We cannot understand yet, Mr. Chairman, why this bill should have been prepared in secret for 2 years without any intimation, even, to the profession, that it was being prepared. The Chairman: Is not the fact that you were not consulted your real objection to this bill? Observation Ethnographies: Ethno=folk; Graphy=writing. Folk Methods for studying a culture from the inside without imposing outside values upon it. Frohmann. Reiss; Sambia of New Guiena Gilbert Herdt. Dwarfs/little people; Humphries. Studies processes at the micro level. How reality constructed. Robert Emerson Delinquent Court. Experts: Goodwin and Rodney King. Nailing Down. Uses interviewing, artifacts, tape recordings, Gain rich understanding and depth but not applicable to study of large settings. Micro. Often studies language and nonverbal processes in legal settings. Conversation Analysis, Discourse Analysis, Forensic Linguistics, PoliceCitizen Encounters. May look at how power is embodied in action. Survey Gathers info about attitudes, beliefs and behaviors. Gathers large data or outcomes. Questionaires. For instance, sexual assault and victimization surveys versus the UCR. Useful for Trend data; UCR: great crime drop from 912005. Victimization in Rural Missouri Experimental Design Control Group and Experiment Group Pretest IV Post Test EG EG EG CG x CG Battered women and Mn Experiment: Policy Impact studies Evaluation Impact (of policy) Rape Reform Voting Rights Act of 1965. Before and after effects of legal changes.
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