Notes for Lectures April 9, 14, 21
Notes for Lectures April 9, 14, 21 SOC 2167
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Mariana de la Maza
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This 8 page Class Notes was uploaded by Mariana de la Maza on Saturday May 2, 2015. The Class Notes belongs to SOC 2167 at George Washington University taught by Fran Buntman in Winter2015. Since its upload, it has received 76 views. For similar materials see Sociology of Law in Sociology at George Washington University.
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Date Created: 05/02/15
April 9 Notes Law School 0 Public Service I Challenge Status Quo I Ex Public defender I Ex Prosecutor O Uphold rule of law 0 B Stevenson Just Mercy How does law school mold you How does the legal profession mold them Law School as a Matrix 0 Sturm and Guinier 2007 I Offer these impositionsboxes into which people are fitted in certain ways I Not exclusive to law school I Foster a culture of competition and conformity 0 Competition breaking away from the crown and being a victim I Contrary to conformity 0 Both are achieved through 0 There is a way of teaching a pedagogy that instills how you need to do things as well as status hierarchies and assumptions of the correct way to comport yourself 0 They focus on Socratic methods 0 Through questions and answers I Case law case law method 0 Getting it two meanings 0 Thinking like a lawyer case method Langdell Socratic Seminar I Confident enough to represent your client but deferential enough to speak to judge 0 Success External rewards recalls the status hierarchies of high school where adolescents compete to conform pg 523 I Argues the hierarchical relationship where teacher is source of power and expertise is underscored in the law school classroom 0 Stated and unstated cultures I Ex Equality versus sexism racism or other hierarchies of exclusion 0 Looking at law school through the lenses of sociologists anthropologists and others 0 Multiple meanings and kind of matrixes I What sustains the cultural matrix 0 Con ict expertise segmentation incentiveevaluation 0 Compare what is to some of their imagined possibilities 0 Con ict O Comes from different interpretations of a case I Legal thinking in terms of competing interpretive auctions 0 Competition among law school I For professors attention for best grades 0 Adversarial approach and method 0 Built into legal education in all sorts of ways I In the ways we choose to think like lawyers I Competitive in terms of every student feeling those around you could be a competitor in status hierarchy 0 They argue it does inadequately prepare students for any area of law 0 Culture of competition to distinguish yourself but on the other hand be indistinguishable from a particular kind of product I Like law school 0 Legal advocacy and PILFs O 0 Public interest law I Related to public service law I Narrow segment within public interest law I Broad fields probono helping individuals social andor legislative change Public Interest Law firms I A subfield of public interest law I Political realm is not enough for social change Historicallycommonly understood as liberal I NAACP LDF ACLU etc 0 Note antecedents not only in 60s and 70s I Not only or necessarily I Southworth article 1960s and 1970s liberal moral activism through law implied andor stated critique of the legal profession Takes us away of the wrong belief that public service is something that belongs to one or another Goals include I Change law and or public agenda policymaking I Represent the unrepresented I What else Established themselves as the unofficial check on power I Take on the role of what the press does as an outsider check that uses insider tools to figure out what is needed Challenging certain laws upholding other laws Happens in all sorts of forms O Represent an entrepreneurial spirit I Liberals AND conservatives April 14 Notes Federalist Society 0 Some central contradictions in the law Universalism and particularism Us and them and the US and the world but also other countries particularism Tool of power tool of resistance Golan amp Orr Lo Conservative 0 Strengthening institutions to develop sophisticated agenda 0 Institution building 0 Centered on what are the best policies consistent with our ideologies and see what we want 0 Cant only look at electoral politics 0 How to use law as a means of social change 0 Before we have seen scholars talk about it from the level of individuals and corporations etc o How to use law as a means to policy changes broader arenas De ning regulation etc Federalist Society 0 Coming out of the Warren court which is related to the due process revolution Initiative to take back judiciary and the legal profession More about broader institutions Established itself as a valued based organization While it is true that elections are held in all states the role of elections vary a lot between states Takeaway Money is extremely important in regards to shaping who is on the court bench in terms ofjudges he focuses on state but so are ideas Recognize the interaction of these factors that shape who gets to be a part of this 0 Approaches that are not unique to liberals or conservatives Galan and Orr Reading 0 Shared features in common across various frameworks of thinking 0 What is unique to particular times and places 0 The reading offer insight into both 0 In the US there is a belief that there is something distinct that doesn t have parallels in other societies 0 Empirical reality that things we think of as unique are not so unique American law drawn on British Law 0000 O Issues of power Consistent theme of looking at law as a tool of power and resistance 0 At different points it is going to be one or the other 0 Human rights and the law Ginsburg video Post WWII law Constitutional versus ordinary law Human rights civil rights natural rights 0 Special cases 0 Level and divisions of law Within the US local state federal Within Israel Israel and Occupied territories Internationally commitment to sovereignty countries can decide most things for themselves and universal human rights Con icting goals of seeking to conform to define dominate and be separate from or opposed to other ex International or supranational legal orders Legal pluralism o The idea of having multiple kinds of law coexisting at the same time 0 International AND domestic law 0 Debates within societies and states about what the law should be Idea that countries have a right to independent sovereignty but in the other hand have to abide by international law 0 In some it is not a choice 0 At a political level 0 Power of international law because of the con ict to reject distinguish yourself from be separate from international law Golan and Orr Israeli vs Arab O 0000 Difficulties Some key conceptsterms Legitimacy of international law Ideas of universality of human rights Translation Localization vernacularization Connections between legal political translation and translation between languages Vernacular common language local language that is spoken o Are part of framing o Vernacularization taking idea of translating level of language as well as ideas in ways that work with hegemonic o Israeli jurist that may be skeptical and put in terms of the vernacular that can appeal to both Israeli and Arabic 0 Triangulation Take areas of connection rather than dissonance Strategy 0 Depoliticize Accept some local hegemonies while rejecting others Reproduction versus challenge and change of status quo Three strategies 0 Translation into legal discourse both Israeli and international esp next two slides 0 Individual aid Moral dilemmas of activists Languages and power 0 Importance of groups using their status to document their practices putting out to public arenas their framework of issues 0 Done by stripping away the political realm 0 Documentation and publication Legitimacy through being apolitical and neutral 0 Even if people come from different sides if you are using the law sooner or later you will nd yourselves on the same paths Two major refugee stories 0 From Libya to Italy people from all over the world 0 Italy is a gateway major issues of clashes of law among other things 0 Countries own idea of sovereignty Freeing from starvation you don t have a case Fleeing from war you do have a case like in communist Cuba Law and Social Change in the US and the World Holzer O O O O O 0 Cannot understand law from a national context only Think about how people assert themselves both with and despite the law From is the law used from the top and from the bottom How do power structures change through the role of law Idea of being change agents Law is going to have to be used but you realize this is not enough Have to look at law but if you only rely on law you will go nowhere Civil Society and Social Movements O O O O O Nonpro t voluntary grouping of people with a states purpose Nothing inherent political about them People that come together on a nonpro t and voluntary basis with a goal May overlap with state or economy Not inherently big or small political or nonpolitical Building block of the kind of social change but some aren t successful or they remain in their narrow sense Coming together for a bigger cause Social Movement 0 quotsustained collective mobilizations for social change by civil society actors who use extra institutional routesquot 0 YES but Use of institutional and extrainstitutional methods Both institutional and extrainstitutional goals focus 0 Tend to be single issue focus on alliances O Politicization mobilization organization Politicization how do you translate those feelings of political constituents to make them aware But just having this awareness isn t enough because in order to change things you need to come together and mobilize with other people Mobilization meeting coming together with other people Organization 0 Need to have institutions to challenge institutions create new institutions Weber don t get anywhere without institutions 0 Need institutional machinery to make it possible need institutional machinery to challenge others Cant judge social movements by successes can have a successful one that didn t Going Full Circle International law is both a Global local legislative Examples Positive and negative rights 0 Rights the gvt Owns us positive rights 0 th s obligation to us 0 Protection from the government negative rights 0 What the gvt May not do to you Types of law and typologies of law ex Soft law and hard law Origins of human rights law Positive and negative rights States and societies states versus societies Explaining change Recognition of the role of law is legal consciousness Coconstitutive relationships HR law and social movements We cannot only understand change in a society from a top down and an downup Sociology looks at social change from small group level families age groups religious Looked at the small local level dynamic that let to interest group organizing US and the World In uence versus requirement Foreign Lawyers 0 Ghandi
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