Ewick and Silbey - the common place of law

Language and Legal Discourse

The collection includes works by various authors discussing crucial legal concepts, including Susan Berk-Seligson's insights on court interpreters, and John M. Conley and William O'Barr's analysis of legal relationships amidst social contexts.

Social Construction of Legality

Legality exists within social interactions and reflects when individuals invoke legal terminology. The chapter emphasizes understanding law through everyday experiences and social contexts. Scholars explore how laws are made, enforced, violated, and perceived in daily life, underlining varying effectiveness among legal actors.

Legal Culture and Consciousness

Legal consciousness captures how ordinary people interpret and interact with laws. The concept challenges traditional distinctions between law and society, suggesting a mutual influence where legality is both a product and a precursor of social actions. Scholars recognize differing forms of legal consciousness exemplified by attitudes, structural influences, and cultural practices.

Variants of Legal Consciousness

Three primary types are presented: 1) "Before the Law" sees law as distinct and authoritative, often leading to obedience or frustration. 2) "With the Law" treats law as a competitive game, blending formal and everyday life. 3) "Against the Law" describes resistance to legal norms, where individuals navigate constraints using diverse tactics. Each variant reveals how individuals perceive and engage with law in multifaceted ways.

Construction of Legality

Legality is framed as a dynamic social structure, involving cultural schemas and resources that shape and reflect social relations. The interconnectedness of law and everyday practices is evident, as legal definitions emerge from social interactions and collective consciousness. The chapter concludes with a call to examine how legality is continuously constructed through these processes, emphasizing the importance of examining both the institutional environments and individual experiences.