Why do some people not hesitate to call the police to quiet a barking dog in the middle of the night, while others accept the pain and losses associated with defective products, unsuccessful surgery, and discrimination? Patricia Ewick and Susan Silbey collected accounts of the law from more than four hundred people of diverse backgrounds in order to explore the different ways that people use and experience it. Their fascinating and original study identifies three common narratives of law that are captured in the stories people tell.
One narrative is based on an idea of the law as magisterial and remote. Another views the law as a game with rules that can be manipulated to one's advantage. A third narrative describes the law as an arbitrary power that is actively resisted. Drawing on these extensive case studies, Ewick and Silbey present individual experiences interwoven with an analysis that charts a coherent and compelling theory of legality. A groundbreaking study of law and narrative, The Common Place of Law depicts the institution as it is lived: strange and familiar, imperfect and ordinary, and at the center of daily life.
The authors interviewed 430 random subjects and used their stories of the everyday to explain the three narratives of how we as humans think about the law..."before the law," "with the law," and "against the law." It clears up social theory pretty nicely and makes for a more interesting read than the usually dry works on the topic, all neatly summarized with a very handy conclusions chapter just in case you still had questions. Good, quick read.
I really had to read this book in a rush, mainly because it was a book I had to write a essay on in my sociology class, but I really enjoyed it. The stories of different Americans with their personal encounter with the Law is fascinating. It also made me realized how legality is part of our everyday lives more often than we think. Every day, the way we live and go about life is defined by Law. The Law isn't just some institutions maintain by authority figures, it takes on different forms in different kind of places. Really loved the way the authors explained continuously different steps of Law and how to interpret it. I also loved the way they conducted their interview with their participant. I haven't completely finished reading the conclusion, but will eventually get to it. I think this book is a must for any Sociology freaks !
Classic legal consciousness text. While the three analytical categories/perceptions of law are restrictive, individuals interested in legal consciousness theory will gain insight on how everyday people perceive and understand law and legality.
A book I wish I had read twenty years ago. A classic in every sense of the word. Not sure about their use of Foucault (or Alan Hunt; indeed which Alan Hunt?) but this is without a doubt a book every socio-legal scholar should read.
Really great introduction to legal studies concepts. Think this is a book I could reread a few years down the line and really take even more from it each new read.