Book contents
- Toward a New Legal Common Sense
- The Law in Context Series
- Toward a New Legal Common Sense
- Copyright page
- Dedication
- Contents
- Preface to the Third Edition
- Preface to the Second Edition
- Acknowledgements
- 1 The Tension between Regulation and Emancipation in Western Modernity and Its Demise
- 2 Toward an Oppositional Postmodern Understanding of Law
- 3 Legal Plurality and the Time-Spaces of Law: The Local, the National, and the Global
- 4 The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada
- 5 Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
- 6 Law and Democracy: The Global Reform of Courts
- 7 On Modes of Production of Social Law and Social Power
- 8 Law: A Map of Misreading
- 9 Can Law Be Emancipatory?
- Postface as Disquietude
- Bibliography
- Index of Names
- Index of Subjects
4 - The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada
Published online by Cambridge University Press: 08 October 2020
- Toward a New Legal Common Sense
- The Law in Context Series
- Toward a New Legal Common Sense
- Copyright page
- Dedication
- Contents
- Preface to the Third Edition
- Preface to the Second Edition
- Acknowledgements
- 1 The Tension between Regulation and Emancipation in Western Modernity and Its Demise
- 2 Toward an Oppositional Postmodern Understanding of Law
- 3 Legal Plurality and the Time-Spaces of Law: The Local, the National, and the Global
- 4 The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada
- 5 Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
- 6 Law and Democracy: The Global Reform of Courts
- 7 On Modes of Production of Social Law and Social Power
- 8 Law: A Map of Misreading
- 9 Can Law Be Emancipatory?
- Postface as Disquietude
- Bibliography
- Index of Names
- Index of Subjects
Summary
Pasargada is the fictitious name of a squatter settlement (or favela) in Rio de Janeiro. Because of the structural inaccessibility of the state legal system, and especially because of the illegal character of the favelas as urban settlements, the popular classes living in them devise adaptive strategies aimed at securing the minimal social ordering of community relations. One such strategy involves the creation of an internal legality, parallel to - and sometimes conflicting with - state official legality. This chapter describes Pasargada legality from the inside-through the sociological analysis of legal rhetoric in dispute prevention and dispute settlement and in its (unequal) relations with the Brazilian official legal system. My objective is to reveal many legal experiences that, because they do not fit the legal modernist canon, are ignored, marginalized, silenced, in a word, wasted.
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- Information
- Toward a New Legal Common SenseLaw, Globalization, and Emancipation, pp. 121 - 195Publisher: Cambridge University PressPrint publication year: 2020