Law, Culture, and Pluralism
Examples of this concept include executive orders, constitutions, and court records
What is law on the books?
Actions that provoke punishment are part of this kind of law.
What is repressive/criminal law?
This analytical approach examines how structural positions of oppression overlap to reproduce inequality
What is intersectionality?
According to Felstiner et al (1980), an example of this would be telling your friend that you came home and someone left your apartment’s only toilet clogged, leaving you to have to unclog it so that you could use the restroom.
What is (an example of) naming?
This refers to citizenship based on blood, genealogy, family, etc
What is jus sanguinis?
One way this can happen to someone in the United States is if they are convicted of treason, or engage in a military that is deemed a threat to the United States
What is losing citizenship?
According to Sarat and Kearns (1993), ____ can regulate violence as well as be a form of violence itself
What is law?
This approach examines how law is applied and experienced in the real world
What is law in action?
Laws structured around resolving interpersonal conflict and broken contracts
What is restitutive law?
According to Rios et al (2020) models on this end of the legitimacy policing continuum approach crime through punitive practices which are often experienced as degrading, such as the stop-and-frisk tactic
What is mano dura?
According to Felstiner et al (1980), an example of this would be a customer assigning fault to restaurant cooks for there being a hair in their food.
What is (an example of) blaming?
This refers to citizenship based on land- being born in a particular location
What is jus soli?
The requirement to serve in the armed forces first, and then work towards citizenship
What is service-for-citizenship?
These are rights that criminal law provides for those who are accused of a crime, including the right to trial and the right to counsel
What is due process?
This approach understands law as a strategic set of policies and practices employed by specific communities for specific goals.
What is law as an instrument?
This theorist coined the concepts collective consciousness, division of labor, mechanical solidarity, and organic solidarity
Who is Emile Durkheim?
The process of applying language, ideas, policies, and actions of criminal interventions to actors and actions
What is criminalization?
According to Felstiner et al (1980), this is an event causing harm or loss that the victim does not recognize as harmful
What is an unperceived injurious experience?
This is a legal process where a non-citizen applies for citizenship
What is naturalization?
Our guest lecturer argued that historically in the United States, the process to naturalize through military service has depended on this.
What is war-time?
This refers to the authorized, “necessary”, and proportional application of physical coercion by law enforcement or in self-defense, as defined by the state.
What is legitimate use of force?
This concept refers to the forms of overlapping, contradictory, and complementary systems of law within the same social space
What is legal pluralism?
A declaration of sovereignty and/or territorial seizure by a core state over another territory and its inhabitants who are classified as inferior subjects rather than equal citizens
What is colonization?
This theorist argues that legal systems, forms of coercive domination, and forms of ideological domination uphold the interests of the ruling class, and contribute to/perpetuate capitalism
Who is Alan Hunt?
According to Felstiner et al. (1980), identifying a responsible party for a violation of norms that takes the grievant’s perspective transforms a ______ into a _______
What is a perceived injurious experience, and a grievance?
This region of the world is primarily made up of countries with birthright citizenship
What are the Americas/ Western Hemisphere?
This scholar coins the term “Service-For-Citizenship”
Who is Alfredo Gonzalez?
This is a form of administrative law used to return immigrants to their native countries
What is deportation?
This scholar is known for coining the concept of legal pluralism
Who is Sally Merry?
Examples include liberation movements and new political imaginaries
What is anti-colonial resistance?
This type of organization is characterized by centralized practices, expert specialization, and an avoidance of interpersonal relationships for accomplishing tasks
What is a bureaucracy?
This author argues that the direction of law depends on who uses it and to what purpose
Who is Laura Nader?
This country’s naturalization process requires exams, financial assessments, and a moral assignment
What is the United States?
In the United States, the highest rate in which immigrants became citizens by serving in the military was during this war
What is World War I?
The policeman’s “working personality” contains two variables: ____ and ______.
The policeman’s “working personality” contains two variables: danger and authority.
Provide a real-world example of legal pluralism
[The answer to this question is up to the discretion of the Professor and TA]
According to Go (2024) an example of this modality of empire is how the history of colonial extraction in a particular region shapes present day inequalities among the people of that region
What is path dependency or colonial institutionalism?
The practice of persuading people to do something by using force or threats, in order to protect the property of the capitalist class and maintain the social order which serves capitalist interests
What is coercive domination?
According to Felstiner et al. (1980), a claim is transformed into a dispute when it is _____ in whole or in part
A claim is transformed into a dispute when it is rejected in whole or in part
This term refers to the experience of first-class citizenship where one’s culture is dignified and respected within the society they live in.
What is cultural citizenship?
This UN convention references Article 15 of the Universal Declaration of Human Rights, which asserts that “everyone has a right to a nationality”. This convention prohibits the withdrawal of citizenship if an individual is only a citizen of one nation.
What is the 2014 Convention on the Reduction of Statelessness?
This author discusses the policeman’s “working personality”
Who is Jerome Skolnick?