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Images of Law in Everyday Life: The Lessons of School, Entertainment, and Spectator Sports

Published online by Cambridge University Press:  01 July 2024

Stewart Macaulay
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Some of us see law as largely marginal to American life (see, e.g., Macaulay, 1984), but other colleagues assert that law constitutes society. One position does not contradict the other because we are talking about different things. Cases, statutes, and enforcement agencies very seldom directly influence everyday life. At the same time, law is an important part of culture. Despite many debates (see, e.g., Hall, 1977; Harris, 1980; Ortner, 1984), legal culture affects everyday life in important ways. At the very least, it provides a vocabulary with which we rationalize our actions to others and ourselves. As Geertz (1983: 173, 232) insists, “law is not a bounded set of norms …, but part of a distinctive manner of imagining the real.” Law is “meaning … not machinery.” It is “a species of social imagination.” It “is constructive of social realities rather than merely reflective of them.”

Type
Presidential Address
Information
Law & Society Review , Volume 21 , Issue 2 , 1987 , pp. 185 - 218
Copyright
Copyright © 1987 The Law and Society Association.

Footnotes

This is a revised version of the presidential address given at the annual meeting of the Law and Society Association in Chicago on May 31, 1986. I want to thank Dr. Jacqueline R. Macaulay, whose critical editing improved the manuscript greatly. I gave talks based on the paper at the University of Western Australia, Faculty of Law, Perth, and at the University of Toronto Law School. I benefited a great deal from the discussions after these presentations. As always, all mistakes are mine, because I didn't take all the excellent advice offered.

References

ADLER, Patricia A. (1985) Wheeling and Dealing: An Ethnography of an Upper Level Drug Dealing and Smuggling Community. New York: Columbia University Press.Google Scholar
ADLER, Patricia A., and Peter, ADLER (1983) “Dry with a Wink: Normative Clash and Social Order,” 12 Urban Life 123.Google Scholar
ADLER, Peter, and Patricia A., ADLER (1985) “From Idealism to Pragmatic Detachment: The Academic Performance of College Athletes,” 58 Sociology of Education 241.Google Scholar
ALLEY, Robert S. (1982) “Television Drama,” in Newcomb, H. (ed.), Television: The Critical View. New York: Oxford University Press.Google Scholar
ANDERSON, Dave (1983) “Fallout from Watson-Player,” New York Times (December 4) 26.Google Scholar
ANYON, Jean (1981a) “Schools as Agents of Social Legitimation,” 4 International Journal of Political Education 195.Google Scholar
ANYON, Jean (1981b) “Social Class and School Knowledge,” 11 Curriculum Inquiry 3.Google Scholar
ANYON, Jean (1980) “Social Class and the Hidden Curriculum of Work,” 162 Journal of Education 67.Google Scholar
ANYON, Jean (1979a) “Education, Social ‘Structure’ and the Power of Individuals,” 7 Theory and Research in Social Education 49.Google Scholar
ANYON, Jean (1979b) “Ideology and United States History Textbooks,” 49 Harvard Educational Review 364.Google Scholar
ANYON, Jean (1978) “Elementary Social Studies Textbooks and Legitimating Knowledge,” 6 Theory and Research in Social Education 40.Google Scholar
APPLE, Michael W. (1985) “The Culture and Commerce of the Textbook,” 17 Journal of Curriculum Studies 147.Google Scholar
APPLE, Michael W., and Nancy, KING (1977) “What Do Schools Teach?” 6 Curriculum Inquiry 341.Google Scholar
ARNO, Andrew (1985) “Structural Communication and Control Communication: An Interactionist Perspective on Legal and Customary Procedures for Conflict Management,” 87 American Anthropologist 40.Google Scholar
BAUMGARTNER, M. P. (1985) “Law and the Middle Class: Evidence from a Suburban Town,” 9 Law and Human Behavior 3.Google Scholar
BREDEMEIER, Brenda Jo (1985) “Moral Reasoning and the Perceived Legitimacy of Intentionally Injurious Sport Acts,” 7 Journal of Sport Psychology 110.Google Scholar
CARLSON, James M. (1985) Prime Time Law Enforcement: Crime Show Viewing and Attitudes Toward the Criminal Justice System. New York: Praeger.Google Scholar
CAWELTI, John G. (1973) Focus on Bonnie and Clyde. Englewood Cliffs: Prentice-Hall.Google Scholar
CHASE, Anthony (1986a) “American Lawyers and Popular Culture: A Stylization,” 1986 American Bar Foundation Research Journal 281.Google Scholar
CHASE, Anthony (1986b) “Toward a Legal Theory of Popular Culture,” 1986 Wisconsin Law Review 527.Google Scholar
CHILDRESS, James F. (1985) “Civil Disobedience, Conscientious Objection, and Evasive Noncompliance: A Framework for the Analysis and Assessment of Illegal Actions in Health Care,” 10 Journal of Medicine and Philosophy 63.Google Scholar
CHRISTENSEN, Mark (1986) “Lawyers, Guns, and Money,” Rolling Stone (March 13) 27.Google Scholar
CLENDINEN, Dudley (1986) “Investigation of Georgia U. Cites Preferential Grading for Athletes,” New York Times (April 4) 1.Google Scholar
COLBURN, Kenneth Jr. (1986) “Deviance and Legitimacy in Ice-Hockey: A Microstructural Theory of Violence,” 27 Sociological Quarterly 63.Google Scholar
COLBURN, Kenneth (1985) “Honor, Ritual and Violence in Ice Hockey,” 10 Canadian Journal of Sociology 153.Google Scholar
COOK, Timony E. (1983) “Another Perspective on Political Authority in Children's Literature: The Fallible Leader in L. Frank Baum and Dr. Seuss,” 36 Western Political Quarterly 326.Google Scholar
CORNBLETH, Catherine (1984) “Beyond Hidden Curriculum?” 16 Journal of Curriculum Studies 29.Google Scholar
COWAN, Edward (1982) “Your Honest Taxpayer Bears Watching,” New York Times (April 11) § 4, at 4.Google Scholar
CUFF, John Haslett (1986) “Challenging the Viewer to Pay Attention,” Toronto Globe and Mail (September 17) C7.Google Scholar
DOMINICK, Joseph R. (1973) “Crime and Law Enforcement on Prime-Time Television,” 37 Public Opinion Quarterly 241.Google Scholar
DUROCHER, Leo (1975) Nice Guys Finish Last. New York: Simon and Schuster.Google Scholar
ELLICKSON, Robert C. (1986) “Of Coase and Cattle: Dispute Resolution among Neighbors in Shasta County,” 38 Stanford Law Review 623.Google Scholar
ENGEL, David M. (1984) “The Oven Bird's Song: Insiders, Outsiders, and Personal Injuries in an American Community,” 18 Law & Society Review 551.Google Scholar
ESTEP, Rhoda, and Patrick T., MACDONALD (1985) “Crime in the Afternoon: Murder and Robbery on Soap Operas,” 29 Journal of Broadcasting and Electronic Media 323.Google Scholar
EVERHART, Robert B. (1983) Reading, Writing, and Resistance. Boston: Routledge & Kegan Paul.Google Scholar
FARBER, Stephen (1986) “Burr and Griffin Back in Old Roles,” New York Times (April 12) 11.Google Scholar
FITZGERALD, Frances (1980) America Revised. New York: Vintage Books.Google Scholar
FORBES, Frank S., and Ida M., JQNES (1986) “A Comparative, Attitudinal, and Analytical Study of Dismissal of At-Will Employees without Cause,” 37 Labor Relations Journal 157.Google Scholar
FRANCIS, Dick (1985) Proof. New York: Fawcett-Crest.Google Scholar
GALANTER, Marc (1986) “The Day after the Litigation Explosion,” 46 Maryland Law Review 3.Google Scholar
GALTUNG, Johan (1982) “Sport as a Carrier of Deep Culture and Structure,” 2-3 Current Research on Peace and Violence 133.Google Scholar
GEERTZ, Clifford (1983) “Local Knowledge: Fact and Law in Comparative Perspective,” in Local Knowledge: Further Essays in Interpretive Anthropology. New York: Basic Books.Google Scholar
GEERTZ, Clifford (1973a) “Deep Play: Notes on the Balinese Cockfight,” in The Interpretation of Cultures. New York: Basic Books.Google Scholar
GEERTZ, Clifford (1973b) “Ideology as a Cultural System,” in The Interpretation of Cultures. New York: Basic Books.Google Scholar
GELBER, Steven M. (1983) “Working at Playing: The Culture of the Workplace and the Rise of Baseball,” 16 Journal of Social History 3.Google Scholar
GERBNER, George, and Larry, GROSS (1976) “Living with Television: The Violence Profile,” 26 Journal of Communication 173.Google Scholar
GIROUX, Henry A. (1984) “Marxism and Schooling: The Limits of Radical Discourse,” 34 Educational Theory 113.Google Scholar
GITLIN, Todd (1985) Inside Prime Time. New York: Pantheon.Google Scholar
GITLIN, Todd (1982) “Television's Screens: Hegemony in Transition,” in Apple, M. W. (ed.), Cultural and Economic Reproduction in Education: Essays on Class, Ideology and the State. London: Routledge & Kegan Paul.Google Scholar
GOLDMAN, Robert (1982) “Hegemony and Managed Critique in Prime-Time Television: A Critical Reading of ‘Mork and Mindy,‘” 11 Theory and Society 363.Google Scholar
GOLEMAN, Daniel (1985) “Brutal Sports and Brutal Fans,” New York Times (August 13) 19.Google Scholar
GOODMAN, Walter (1986) “Cagney-Era Memories of Innocence,” New York Times (May 15) 21.Google Scholar
GREENHOUSE, Carol J. (1982) “Nature Is to Culture as Praying Is to Suing: Legal Pluralism in an American Suburb,” 20 Journal of Legal Pluralism 17.Google Scholar
HALL, Stuart (1977) “Culture, the Media and the Ideological Effect,” in J. Curran et al. (eds.), Mass Communication and Society. London: Edward Arnold.Google Scholar
HARGREAVES, Andy (1982) “Resistance and Relative Autonomy Theories: Problems of Distortion and Incoherence in Recent Marxist Analyses of Education,” 3 British Journal of Sociology of Education 107.Google Scholar
HARRIS, Marvin (1980) Cultural Materialism: The Struggle for a Science of Culture. New York: Vintage Books.Google Scholar
HEARST CORPORATION (1983) The American Public, the Media & the Judicial System: A National Survey on Public Awareness and Personal Experience. New York: Hearst Corporation.Google Scholar
HENRY, Jules (1955) “Docility, or Giving the Teacher What She Wants,” 11 Journal of Social Issues 33.Google Scholar
HIGGINS, George V. (1986) “Chandler in a Colder Climate,” Wall Street Journal (April 28) 18.Google Scholar
HILLER, Jack A. (1978) “Language, Law, Sports and Culture: The Transferability of Words, Lifestyles, and Attitudes through Law,” 12 Valparaiso University Law Review 433.Google Scholar
JONES, Alfred Winslow (1964) Life, Liberty, and Property: A Story of Conflict and a Measurement of Conflicting Rights. New York: Octagon Books.Google Scholar
KAPFERER, Judith L. (1981) “Socialization and the Symbolic Order of the School,” 12 Anthropology and Education Quarterly 259.Google Scholar
KELLNER, Douglas (1982) “TV, Ideology, and Emancipatory Popular Culture,” in Newcomb, H. (ed.), Television: The Critical View. New York: Oxford University Press.Google Scholar
KICKBUSCH, Kenneth W., and Robert B., EVERHART (1985) “Curriculum, Practical Ideology, and Class Contradiction,” 15 Curriculum Inquiry 281.Google Scholar
LICHTER, Linda S., and S. Robert, LICHTER (1983) Prime Time Crime. Washington, D.C.: The Media Institute.Google Scholar
LIPSIG, Harry H. (1983) “An Attorney's Verdict of The Verdict,'” New York Law Journal (February 18) 5.Google Scholar
MACAULAY, Stewart (1984) “Law and the Behavioral Sciences: Is There Any There There?” 6 Law & Policy 145.Google Scholar
MCDONALD, Mark (1985) “Public, Courts Apathetic toward Halting Gambling,” Wisconsin State Journal (January 14) § 2, at 1.Google Scholar
MCNEIL, Linda M. (1981) “Negotiating Classroom Knowledge: Beyond Achievement and Socialization,” 13 Curriculum Studies 313.Google Scholar
MASTRANGELO, Paul J. (1983) “Lawyers and the Law: A Filmography,” 3 Legal Reference Services Quarterly 31.Google Scholar
MAZEL, Henry F. (1982) “Would Perry Mason Prevail in Today's TV Courtroom?” New York Times (August 8) § H, at 21.Google Scholar
MEHLINGER, Howard D. and John J., PATRICK (1977) American Political Behavior. Lexington, MA: Ginn and Co.Google Scholar
MERRY, Sally Engle (1986) “Everyday Understandings of the Law in Working-Class America,” 13 American Ethnologist 253.Google Scholar
MERRY, Sally Engle, and Susan S., SILBEY (1984) “What Do Plaintiffs Want? Reexamining the Concept of Dispute,” 9 Justice System Journal 151.Google Scholar
NATIONAL CENTER FOR STATE COURTS (1978) State Courts: A Blueprint for the Future. Williamsburg, VA: National Center for State Courts.Google Scholar
ORTNER, Sherry B. (1984) “Theory in Anthropology since the Sixties,” 26 Comparative Study of Society and History 126.Google Scholar
PAPAGIANNIS, George J., BICKEL, Robert N., and Richard H., FULLER (1983) “The Social Creation of School Dropouts: Accomplishing the Reproduction of an Underclass,” 14 Youth & Society 363.Google Scholar
ROSENTHAL, Phil (1983) “Tarr No Longer Naive about UW Workings,” Madison (WI) Capital Times (September 8) 21.Google Scholar
SARAT, Austin (1977) “Studying American Legal Culture: An Assessment of Survey Evidence,” 11 Law & Society Review 427.Google Scholar
SARAT, Austin (1975) “Support for the Legal System: An Analysis of Knowledge, Attitudes, and Behavior,” 3 American Politics Quarterly 3 (1975).CrossRefGoogle Scholar
SCHATTENBERG, Gus (1981) “Social Control Functions of Mass Media Depictions of Crime,” 51 Sociological Inquiry 71.Google Scholar
SCHMIDT, William E. (1986) “$2.5 Million Verdict Continues to Shake Georgia,” New York Times (March 6) 15.Google Scholar
SHIPP, R. (1983) “Message of The Verdict' Is Debated,” New York Times (April 13) 14.Google Scholar
SILVA, John M. (1983) “The Perceived Legitimacy of Rule Violating Behavior in Sport,” 5 Journal of Sport Psychology 438.Google Scholar
SILVA, John M. (1981) “Normative Compliance and Rule Violating Behavior in Sport,” 12 International Journal of Sports Psychology 10.Google Scholar
SKOOG, Gerald (1984) “The Coverage of Evolution in High School Biology Textbooks Published in the 1980s,” 68 Science Education 117.Google Scholar
SMITH, Michael D. (1975) “The Legitimation of Violence: Hockey Players' Perceptions of Their Reference Groups' Sanctions for Assault,” 12 Canadian Review of Anthropology and Sociology 72.Google Scholar
SUSMAN, Warren I. (1984) Culture as History: The Transformation of American Society in the Twentieth Century. New York: Pantheon.Google Scholar
SUTHERLAND, John C., and Shelley J., SINIAWSKY (1982) “The Treatment and Resolution of Moral Violations on Soap Operas,” 32 Journal of Communications 67.Google Scholar
TAYLOR, Henry, and Carol, DOZIER (1983) “Television Violence, African-Americans, and Social Control,” 14 Journal of Black Studies 107.Google Scholar
THOMAS, Robert McG. (1986) “7 of 10 Say They Are Fans,” New York Times (June 4) 43.Google Scholar
VECSEY, George (1986) “How 'bout Them Dawgs?” New York Times (February 14) 22.Google Scholar
WALKER, Darlene, RICHARDSON, Richard J., DENYER, Thomas, WILLIAMS, Oliver, and Skip, MCGAUGHEY (1972) “Contact and Support: An Empirical Assessment of Public Attitudes toward the Police and Courts,” 51 North Carolina Law Review 43.Google Scholar
WARSHOW, Robert (1979) “Movie Chronicle: The Westerner,” in The Immediate Experience. New York: Atheneum.Google Scholar
WHITE, Gordon S. (1986) “Floyd Penalizes Self, Posts 67,” New York Times (June 7) 31.Google Scholar
WHITLEY, John S. (1980) “Stirring Things up: Dashiell Hammett's Continental Op,” 14 American Studies 443.Google Scholar
WILLIAMS, Kirk R., GIBBS, Jack P., and Maynard L., ERICKSON (1980) “Public Knowledge of Statutory Penalties: The Extent and Basis of Accurate Perception,” 23 Pacific Sociological Review 105.Google Scholar
WOOD, Michael (1983) “Seasons of the Private Eye,” in Brown, L. and Walker, S. W. (eds.), Fast Forward: The New Television and American Society. Kansas City: Andrews & McMeel.Google Scholar
WRIGHT, Will (1975) Six Guns and Society. Berkeley: University of California Press.CrossRefGoogle Scholar
YNGVESSON, Barbara (1985) “Re-Examining Continuing Relations and the Law,” 1985 Wisconsin Law Review 623.Google Scholar
YOUNG, T. R. (1986) “The Sociology of Sport: Structural Marxist and Cultural Marxist Approaches,” 29 Sociological Perspectives 3.Google Scholar