getting justice and getting even legal consciousness among working class americans language and legal discourse series chicago series in law and society

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Getting Justice And Getting Even

Author : Sally Engle Merry
ISBN : 9780226520698
Genre : Law
File Size : 82. 48 MB
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Ordinary Americans often bring family and neighborhood problems to court, seeking justice or revenge. The litigants in these local squabbles encounter law at its boundaries in the corridors of busy city courthouses, in the offices of court clerks, and in the church parlors used by mediation programs. Getting Justice and Getting Even concerns the legal consciousness of working class Americans and their experiences with court and mediation. Following cases into and through the courts, Sally Engle Merry provides an ethnographic study of local law and of the people who use it in a New England city. The litigants, primarily white, native-born, and working class, go to court because as part of mainstream America they feel entitled to use its legal system. Although neither powerful nor highly educated, they expect the law's support when they face intolerable infringements of their rights, privacy, and safety. Yet as personal problems enter the legal system and move through mediation sessions, clerk's hearings, and prosecutor's conferences, the citizen plaintiff rapidly loses control of the process. Court officials and mediators interpret and characterize the meaning of these experiences, reframing and categorizing them in different discourses. Some plaintiffs yield to these interpretations, but others resist, struggling to assert their own version of the problem. Ultimately, Merry exposes the paradox of legal entitlement. While going to court allows an individual to dominate domestic relationships, the litigant must increasingly yield control of the situation to the court that supplies that power.

The Politics Of Islamic Law

Author : Iza R. Hussin
ISBN : 9780226323343
Genre : Law
File Size : 69. 9 MB
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"In [this book], Iza R. Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of "Islamic law." She demonstrates that not only is Islamic law not the shari{u06E5}a, but that its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society - in short, its politics - are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay - from court records to colonia and local papers to private letters and visual material - Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonia powers in multiple locations. ... Combining a genealogy of law with a political analysis of its institutional dynamics, t his book offers an up-close-look at the ways in which global transformations are realized at the local level."--Back cover.

Building The Prison State

Author : Heather Schoenfeld
ISBN : 9780226521015
Genre : History
File Size : 86. 8 MB
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The United States incarcerates more people per capita than any other industrialized nation in the world—about 1 in 100 adults, or more than 2 million people—while national spending on prisons has catapulted 400 percent. Given the vast racial disparities in incarceration, the prison system also reinforces race and class divisions. How and why did we become the world’s leading jailer? And what can we, as a society, do about it? Reframing the story of mass incarceration, Heather Schoenfeld illustrates how the unfinished task of full equality for African Americans led to a series of policy choices that expanded the government’s power to punish, even as they were designed to protect individuals from arbitrary state violence. Examining civil rights protests, prison condition lawsuits, sentencing reforms, the War on Drugs, and the rise of conservative Tea Party politics, Schoenfeld explains why politicians veered from skepticism of prisons to an embrace of incarceration as the appropriate response to crime. To reduce the number of people behind bars, Schoenfeld argues that we must transform the political incentives for imprisonment and develop a new ideological basis for punishment.

Policing Immigrants

Author : Doris Marie Provine
ISBN : 9780226363219
Genre : Political Science
File Size : 81. 65 MB
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The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.

Pulled Over

Author : Charles R. Epp
ISBN : 9780226114040
Genre : Law
File Size : 46. 16 MB
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In sheer numbers, no form of government control comes close to the police stop. Each year, twelve percent of drivers in the United States are stopped by the police, and the figure is almost double among racial minorities. Police stops are among the most recognizable and frequently criticized incidences of racial profiling, but, while numerous studies have shown that minorities are pulled over at higher rates, none have examined how police stops have come to be both encouraged and institutionalized. Pulled Over deftly traces the strange history of the investigatory police stop, from its discredited beginning as “aggressive patrolling” to its current status as accepted institutional practice. Drawing on the richest study of police stops to date, the authors show that who is stopped and how they are treated convey powerful messages about citizenship and racial disparity in the United States. For African Americans, for instance, the experience of investigatory stops erodes the perceived legitimacy of police stops and of the police generally, leading to decreased trust in the police and less willingness to solicit police assistance or to self-censor in terms of clothing or where they drive. This holds true even when police are courteous and respectful throughout the encounters and follow seemingly colorblind institutional protocols. With a growing push in recent years to use local police in immigration efforts, Hispanics stand poised to share African Americans’ long experience of investigative stops. In a country that celebrates democracy and racial equality, investigatory stops have a profound and deleterious effect on African American and other minority communities that merits serious reconsideration. Pulled Over offers practical recommendations on how reforms can protect the rights of citizens and still effectively combat crime.

Rules And Processes

Author : John L. Comaroff
ISBN : 0226114252
Genre : Social Science
File Size : 44. 39 MB
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Rules and Processes is at once a compelling essay in social theory and a pathbreaking ethnography of dispute in an African society. On the basis of a sensitive study of the Tswana of southern Africa, John Comaroff and Simon Roberts challenge most of the orthodoxies of legal anthropology. They argue that the social world, and the dispute processes that occur within it, are given form and meaning by a dialectical relationship between sociocultural structures and individual experience. The authors explore in a novel way the relations between culture and ideology, system and practice, social action and human intention. They develop a model that lays bare the form and content of "legal" and "political" discourse in all its variations—a model that accounts for the outcome of conflict processes and explains why the Tswana, like people in other cultures, conceive of their world in an apparently contradictory manner—as rule-governed yet inherently open to pragmatic individualism; orderly yet inherently fluid and shifting. Rules and Processes offers a fresh and persuasive approach to our understanding of the dialectics of social life. "A work of impressive scholarship in which theoretical sophistication and ethnographic richness are convincingly matched."—Ian Hamnett, Times Higher Education Supplement.

The Intersection Of Legal Status And Stratification

Author : Shannon Marie Gleeson
ISBN : UCAL:C3501299
Genre :
File Size : 59. 38 MB
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Mambo Montage

Author : Agustín Laó-Montes
ISBN : 9780231505444
Genre : Social Science
File Size : 58. 49 MB
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New York is the capital of mambo and a global factory of latinidad. This book covers the topic in all its multifaceted aspects, from Jim Crow baseball in the first half of the twentieth century to hip hop and ethno-racial politics, from Latinas and labor unions to advertising and Latino culture, from Cuban cuisine to the language of signs in New York City. Together the articles map out the main conceptions of Latino identity as well as the historical process of Latinization of New York. Mambo Montage is both a way of imagining latinidad and an angle of vision on the city.

Anthropology And Law

Author : Mark Goodale
ISBN : 9781479895519
Genre : Law
File Size : 39. 23 MB
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An introduction to the anthropology of law that explores the connections between law, politics, and technology. From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.

Crossing Boundaries

Author : Austin Sarat
ISBN : 0810114380
Genre : Law
File Size : 33. 38 MB
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Perhaps no idea is more emblematic of the field of law and society than crossing boundaries. From the founding of the Law and Society Association in the early 1960s, participating scholars aspired to create a field that crossed boundaries in at least two senses: by undertaking research that questioned and often bridged traditional methodological and disciplinary divisions, and by using nontraditional approaches to explore the interconnections between law and its social context. The essays in this book reflect both of these aspirations.Readers of this volume will find extended reflections on the practice of sociolegal research and the issues raised by the attempt to create an interdisciplinary field of study, as well as numerous examples of law and society scholarship which probe, transform, challenge, or bridge the boundaries between law and the social and cultural settings in which it operates.

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