lecture 1 Flashcards
what is law & society?
the systematic study of the interaction between law and society
- so you answer different type of questions
Sociological questions about law
- What is the impact of law on society?
- How does society influence the law?
- How do legal institutions function?
- How do people use the law?
why is law & society important?
- Insight into how law operates in and interacts with society
- Reflection: understanding legal systems and institutions in social, cultural, and historical contexts
- Sociological knowledge useful for legal profession
what is law? legal and sociology answer
➞ there are different answers for this question depending on who answers it. Sociologists may say that it consists of the behaviours, situations and conditions
Legal scholar/ lawyer:
- Law consists of legal rules and their interpretation: legislation, regulations, and case law
Law and Society scholar:
- ‘Law consists of the behaviors, situations and conditions for making, interpreting, and applying legal rules that are backed by state’s legitimate coercive apparatus for enforcement’ (Vago & Barkan 2018, p. 11)
Explain the main differences between a law and society perspective and a legal perspective.
- Law & Society = systematic study of the interaction between law and society
- Law on the books versus law in action
- Internal perspective (legal questions) versus external perspective (questions about law)
- Normative questions (ought) versus empirical questions (is)
Why are we focusing on the EU with EU law & soc?
- Interesting example of cooperation between states
- Complex and important socio-economic entity
- EU law touches almost all aspects of law of member states
However a lot of the critique is about EU law, which is interesting (pointless rules, expensive, rigid, etc)
Intersectionality
“Intersectionality is a metaphor for understanding the ways that multiple forms of inequality or disadvantage sometimes compound themselves and create obstacles that often are not understood among conventional ways of thinking.” (Crenshaw 1989)
What does Lynn Mather say about the law in the ‘law and society’ chapter?
Law not as an autonomous system but is deeply embedded in social, cultural, economic, and political contexts
- The central argument is that legal rules and decisions can only be fully understood when analyzed in relation to their social environments
Origins of the law and society field according to Lynn Mather
The origins of the law and society field trace back to the 1960s, influenced by legal realism and a desire among scholars to address pressing social issues such as racial injustice, poverty, and crime
Key characteristics of law and society perspective (Lynn Mather)
- Interdisciplinarity: Law and society scholars borrow methods and theories from multiple disciplines (e.g., ethnography, history, discourse analysis).
- Methodological diversity: Emphasizes empirical research—both qualitative and quantitative—over methodological purity.
- Normative concern for justice and equality: The field often seeks to influence public policy while also engaging in theoretical work.
- Comparative perspective: Studies often cross national boundaries to examine law in various cultural and institutional contexts.
- Law as part of society: Law is viewed as a cultural and political construct, not a separate, objective system.
Three major research areas of law and society
➞ Lynn Mather
1. Disputing: How conflicts become legal cases and how they influence legal change
- Galanter’s concept of “one-shotters” vs. “repeat players” reveals how legal system familiarity benefits some litigants
2. Decision-making: Examines decisions by judges, lawyers, and lesser-known legal actors, revealing disparities and institutional influence
- emphasized the influence of institutional, economic and cultural contexts on legal decisions
3. Legal ideology and consciousness: Studies how people perceive and engage with law, influenced by media and social narratives
- how legal meaning is experienced and constructed
