chapter 8 - reflecting on laws image

Question 1

what type of economy become present within the 21st century

Answer 1

winner takes all economy

Question 2

what did the “winner take all” economy encompass?

Answer 2

• perpetuated the values and the beliefs about what makes someone successful (the “american dream and the land of the people”)
• the only way to be successful is through monetary valuables and assets

Question 3

what is the neoliberal perspective?

Answer 3

deals with the political and economic order that emphasizes the importance of free market capitalism and reducing gov intervention in the economy

• values ind freedom over collectivity and sees the market as best way to allocate resources and grow
• reflected in the laws and policies

Question 4

what has much of the law and society field engaged in due to the impact of neoliberal perspective?

Answer 4

post mortum for progressive social change

Question 5

what is post motrum

Answer 5

analysis of an. event or process after it has ended or failed
- evaluate what went well and what didn’t, -
- identify and learn for areas for improvement

Question 6

have some people been turning away from researching, analyzing and critiquing the limits of and possible strategies for effective legal reform?

Answer 6

yes

• possible reasons being not having the tools to help, person risks and long term challenges

Question 7

what is the cultural turn?

Answer 7

shows how culture shapes law and society

• cultural practices and meanings and embedded in social structures
• culture is always changing all influenced by historical, social and political contexts
• focuses on subjective experience of law and culture and how they interpret it
• how law is found in cultural images and practices

Question 8

Austin Sarat said that we have “law in the ____, law in _____ and now law in the ____”

what does this mean?

Answer 8

books, action and image

• need to look at cultural understandings of the law
• cultural images are form of law

Question 9

historically what did the concept of culture represent?

Answer 9

justify racists and colonial practices

Question 10

what is the definition of culture in the textbook>

Answer 10

any set of shared, signifying practices which are produced, performed or transformed

Question 11

what are the 3 tracts to the study of law and culture by Mezey?

Answer 11

1. power of law over culture
2. power of culture over law
3. law as culture as law

Question 12

what does power of law over culture entail?

Answer 12

legal rules and the overall structure are everywhere and shape our social practices, identities and cultural meanings

eg. property laws structure class relations and distribution of wealth

Question 13

what does the power of culture over law entail

Answer 13

the idea that there are customs, unofficial official rules or practices that trump over formal law
- there are certain things within a culture that becomes the norm even when there are rules or laws that can trump it but doesn’t

eg. there is the legal speed limit and the norm that people always go over (discretionary power if people want to enforce something that has become normal)

Question 14

what does law as culture as law entail?

Answer 14

focuses on the dynamic and constitutive relationship between culture and law and not see them as separate

eg. man complained to grievance system about broken cookie and won the case
- this matter became cultural code within the staff to show what is wrong with this system

Question 15

why does this example matter?

Answer 15

shapes their practices and why they will do when coming face to face with prisoner grievances in which they a lot of them

shows that what people believe and say is taken over that actual objectiveness of something
(was there acc a broken cookie)

Question 16

why is a cultural turn needed now?

Answer 16

we used to live in a social environment where there was growth in welfare state, public services and social scientist were active in research

now things have become privatized, social scientist discredited and all thinsg questioned

Question 17

why can a cultural turn be seen as a turn inward?

Answer 17

it is turning towards the study of image, subjectivity and consciousness

shows that power can also reside in other things besides legal system or other institutions

Question 18

how is law portrayed within films

Answer 18

how the law is portrayed in films depends on the culture and the context

• the law depicted in the shows and the cultural context enhance, reproduce and show that they go hand in hand

eg. law is shown through the prison staff in orange is the new black as authoritarian, sadistic and greedy

Question 19

what did stewart macaulay say about culture?

Answer 19

it is not a tangible thing but ideas in ppls head and stock of symbols and stories recognized by some members of the group

Question 20

what in films and movies parallel to embody and evoke legal meaning?

Answer 20

the structure and storyline (plot, characters, settings and events) are in sync of how the legal system and trial proceedings work(become homonyms)

Question 21

what did kennedy focus on?

Answer 21

ways in which disempowered groups can transform their positions though exploiting the counterhegemonic power of cultural images

-

Question 22

what is his idea of the madonna phenomena?

Answer 22

madonnas in your face sexuality inverts tradition power relationship
- madonna dresses to evoke image of a women who has sexual autonomy and has her own pleasures from the objectified female

Question 23

why was he highly criticized for this?

Answer 23

• questioning his right as a hetero white man to speak on behalf of women and POC

Question 24

what are critical cultural studies of law?

Answer 24

examines the relationship between law, culture, society and power

• how law reflects cultural norms and values, role of maintaining social inequality and oppression

Question 25

what did volpp say were the 3 results for the reason as to why culture is ascribed to immigrant others and not white americans (uses cultural as a way to excuse behaviour but when white americans engage it is not due to culture)

Answer 25

1. exaggerated perception of cult diff that equates it with moral diff from us
2. white people are ind actors and people of colour are members if groups
3. irreconciliable tension assumed to exists between racialized immigrants and us

Question 26

what does this narrative do?

Answer 26

exaggerate our diff
obscure the dynamics of power
lead to unjust polices and laws