Critical Review: The Common Place Of Law

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 …show more content…
The interviewees often thought of themselves as coming “before the law,” and in an oppositional relationship in which they were in a bureaucratic, definitional remove, with no ability to affect the law, nor did they have the aptitude to define its meaning purpose, or ends. This is the most original to traditional notion of the law as well as being objective, and as an external apparatus operating on society and individuals. The Rule of law is seen as a buffer between the individual and their society. This is law and society- life definition in the formal sense, and not a legal consciousness or