Engl 37 Test #2

What is the main argument of Ewick & Silbey's The Common Place of Law?

Law is part of everyday life, not just courts and written rules. People shape its meaning through experience.

What are the three ways people view law?

Before the Law, With the Law, and Against the Law.

What does Before the Law mean?

Law is viewed as fair, neutral, objective, and separate from everyday life.

What does With the Law mean?

Law is viewed as a game. People strategically use rules to achieve their goals.

What does Against the Law mean?

Law is viewed as unfair or biased, so people resist it or work around it.

What is Cover's main argument in Nomos & Narrative?

Law and storytelling are inseparable. Stories, beliefs, and values give legal rules meaning.

What do Nomos, Narrative, and Prescription mean?

Nomos: normative universe of values and rules. Narrative: stories giving meaning. Prescription: standards for behavior.

What is Abrego's concept of relational legal consciousness?

A person's understanding of law is shaped by the legal experiences and statuses of their family members.

What are the four main experiences of citizenship in Abrego's study?

Privilege, responsibility, guilt, and love. Citizenship can create unequal opportunities and family obligations.

What did Hirabayashi (1943) and Korematsu (1944) demonstrate?

The Supreme Court upheld wartime restrictions on Japanese Americans based on ancestry, prioritizing national security over constitutional rights.

How does law influence everyday life according to Ewick & Silbey?

It shapes people's behavior, decisions, relationships, and understanding of their rights.

Why is law considered a social construction?

Its meaning is shaped by people's experiences, interactions, and responses.

Can the three views of law overlap?

Yes. People can view law in multiple ways, even in contradictory ways.

What is an example of Before the Law?

Taking a landlord to court believing the legal system will objectively protect tenant rights.

What is an example of With the Law?

Using a legal technicality or procedure to avoid a penalty or win a dispute.

What is an example of Against the Law?

Protesting a law believed to discriminate against a racial or immigrant group.

What does Cover mean by a normative universe?

A shared world of rules, beliefs, traditions, values, and ideas about justice.

How are law and narrative connected?

Stories give laws meaning, while legal rules also influence society's stories.

Why can different communities interpret laws differently?

They have different histories, traditions, beliefs, and moral values.

What is an example of prescription in Cover's theory?

A standard telling people what is permitted, prohibited, right, or wrong.

How many interviews did Abrego conduct, and with whom?

100 interviews with members of Latino mixed-status families in Los Angeles.

What is a mixed-status family?

A family whose members have different immigration or citizenship statuses.

What is legal consciousness?

How people understand and experience law, rights, responsibilities, and government authority.

How can U.S. citizenship create responsibility in mixed-status families?

Citizen children may feel pressure to help undocumented relatives financially and practically.

Why might citizen children remain silent about relatives' immigration status?

To protect family privacy and avoid unwanted attention or possible consequences.

What was the difference between Hirabayashi and Korematsu?

Hirabayashi challenged a curfew; Korematsu challenged an exclusion order forcing Japanese Americans to leave.

What happened to Korematsu's conviction in 1983 and 2018?

His conviction was overturned in 1983; the Supreme Court expressly repudiated the decision in 2018.

What constitutional amendment was used as an important argument by Hirabayashi and Korematsu?

The Fifth Amendment, particularly its protection of due process.