Critical Review : The Common Place Of Law Essay

1030 Words Nov 20th, 2016 5 Pages
Critical Review: The Common Place of Law
The Common Place of Law is an interesting empirical research of legal consciousness that is actually a very strong logical theory, in which law is recognized as both constituting and being constituted by social relations and cultural practice. The question that Ewick and Silbey spawn their theory from comes from the classic question, “how is the law experienced” rather than “what is the law,” this was a very compellingly argument made by Ewick and Silbey. The latter question that I saw arise from their argument was from where did most of the classic legal theory and jurisprudence; and did they spring from the subset question “how is the law experienced”. Seeing that law is not something that only exist and can be studied, but law is created by the process of inquiry and definition. In attempting to make the mechanisms by which discrete individual action becomes legal and institutional, and vice versa. A cultural analysis of law, or Ewick and Silbey’s Constitutive theory, suggest that the law is a product of the reciprocal nature of meaning-making: people create meaning as they engage in society. Ewick and Silbey start this inquiry not through a textual analysis of philosophy, statue, or constitutional law, but rather by asking what is” the everyday” meaning of the law as experienced by lay people in real-life situations. Ewick and Silbey start this off by inquiring not through textual analysis of statues, or constitutional law, but by…

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