Law and Society Week 2 2025

SciencesPo

• Course: Law and Society

• Academic Year: 2024/2025 Spring Semester

• Instructor: Bruno Sousa Rodrigues

• Date: 06/02/2025

SESSION 2: LAW BEYOND LEGAL RULES

• Objectives:

  • Discuss implications of viewing law as a professional practice based on Pierre Bourdieu's insights.

  • Analyze law through the lens of physical objects in practice, drawing from Bruno Latour's contributions.

  • Engage in a debate regarding forces affecting legal practice's production and reproduction.

PIERRE BOURDIEU: THE FORCE OF LAW

Juridical Field and Social Systems

• Key Concept: The distinction between juridical field as social space vs. system (Luhmann).

• Bourdieu critiques that legal structures being self-referential confuses symbolic order with the social system.

• The juridical field holds objective relations among competing actors for control over legal interpretation.

Formalism vs. Instrumentalism

• Kelsen's Pure Theory of Law:

  • Represents formalist thinkers' battle against social constraints in law.

  • This ideological stance ignores the independency of the juridical field from external influences.

• Instrumentalist View:

  • Law as a reflection of social power dynamics.

  • Bourdieu sees both perspectives as failing to account for the complexity of the juridical field.

Competition and Monopoly

• Definition of Juridical Field:

  • A space of competition among actors for monopoly over legal interpretation.

  • The field fosters separation between legal professionals and non-experts, rationalizing the legal system further.

• Result: Creates a disconnect between legal judgment and everyday perceptions of fairness.

Mediation Role of Legal Professionals

• Legal professionals play crucial roles in transforming societal conflicts into regulated legal debates.

• They interpret legal texts and redefine issues into legal problems impacting client relationships.

• The juridical field is marked by a professional monopoly on legal services production and distribution.

Structural Hostility in Legal Interpretation

• Opposition between theorists and practitioners generates a symbolic struggle.

• Boundaries of participation in the juridical field exclude those lacking necessary technical mastery.

• This dynamic reinforces professional authority, overshadowing common sense views of justice.

Power of Formalization and Naming

• Vis Formae: Legal formalization shapes practices leading to social modifications.

• Legal judgments serve as performative acts that establish social realities and norms.

• Decisions by authorities are seen as universally recognized truths carrying significant symbolic power.

Legal Habit and Field Dynamics

• Legal habitus structures perceptions and judgments which guide resolutions of conflicts.

• Adaptation of legal supply to demand reflects social hierarchies influencing power relations within the field.

• Lower-status legal professionals often reinforce existing power dynamics rather than challenging them.

BRUNO LATOUR: THE MAKING OF LAW

Modes of Existence in Law

• Latour’s exploration highlights the distinct nature of law compared to politics and economics.

• He critiques instrumental views, emphasizing the relational character of law and its role in connecting various entities.

Case Study on Conseil d’État

• Latour's study of the Conseil d’État reveals insights into the functioning of uncodified law.

• Engagement with the institution demonstrates law’s complexity and its material elements, like files.

Legal Documentation Process

• The process begins with simple claims initiating a complex legal dialogue.

• File Lifecycle: A legal 'file' evolves as it garners documents and undergoes various stages of processing.

The Fragile Nature of Legal Documents

• The act of creating a legal file forms a bridge between raw grievances and official legal documentation.

• The reporter's role connects initial complaints to established legal texts, emphasizing the tenuous nature of this connection.

FORCES IMPACTING LEGAL PRACTICE

• Consider how societal, institutional, and professional forces shape the legal landscape and affect practice.

Conclusion

• This session reiterates the complexity of understanding law through both sociological and material lenses, highlighting the ongoing debates and challenges within legal practices.