LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research)

Authors

  • Muhammad Helmy Hakim IAIN Antasari Banjarmasin

DOI:

https://doi.org/10.18592/al-banjari.v15i1.816

Keywords:

Instrumental law, Constitutive law, Legal Protection, Legal consciousness.

Abstract

Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

Author Biography

Muhammad Helmy Hakim, IAIN Antasari Banjarmasin

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References

Barnett, Randy E., and John III Hagel. Assessing the Criminal. Restitution, Retribution, and the Legal Process. Cambridge: Ballinger Publishing, 1977.

Bumiller, Kristin. "Victims in the Shadow of the Law: A Critique of the Model of Legal Protection." Signs 12, no. 3 (1987): 421-439.

Bumiller, Kristin. The Civil Rights Society: The Social Construction of Victims. Baltimore: Johns Hopkins University Press, 1988.

Burke, Thomas F. Lawyers, Lawsuits, and Legal Rights. Berkeley: University of California Press, 2002.

Cartwright, Bliss, Marc Galanter, and Robert Kidder. "Introduction: Litigation and Dispute Processing." Law & Society Review 9, no. 1 (1974): 5-8.

Comaroff, J. Body of Power: Spirit of Resistance: Culture and History of a South African People. Chicago: Univ. Chicago Press, 1985.

Comaroff, J., and J. L. Comaroff. Of Revelation and Revolution: Christianity, Colonialism, and Consciousness in South Africa. Vol. 1. Chicago: Univ. Chicago Press, 1991.

Ewick, Patricia , and Susan S. Silbey. "Conformity, Contestation, and Resistance: An Account of Legal Consciousness. , Vol. 26/731." New England Law Review 26 (1992): 731-749.

Ewick, Patricia , and Susan S. Silbey. The Common Place of Law: Stories from Everyday Life Language and Legal Discourse. Chicago: University of Chicago Press, 1998.

Galanter, Marc. "Why the Haves Come out Ahead: Speculations on the Limits of Legal Change." Law & Society Review 9, no. 95-127 (1974).

Galanter, Marc. "Afterword: Explaining Litigation." Law & Society Review 9, no. 2 (1975): 347-368

Galanter, Marc. "Reading the Landscape of Disputes: What We Know and Dont Know (and Think We Know) About Our Allegedly Contentious and Litigious Society." UCLA Law Review 31, no. 4 (1983): 7-71.

Galanter, Marc. "The Day after the Litigation Explosion." Maryland Law Review 46, no. 3 (1986): 3-39.

Galanter, Marc. "Adjudication, Litigation and Related Phenomena." In Law and the Social Sciences, edited by L Lipson and S Wheeler, 151-257. New York: Russel Sage Foundation, 1987.

Gomez, M. A. "All in the Family: The Influence of Social Networks on Dispute Processing (a Case Study of a Developing Economy)." Stanford University (UMI Number: 3253485) Retrieved August 20, 2009, from Dissertations and Theses database., 2007.

Human Rights Watch (Organization). Hidden in the Home: Abuse of Domestic Workers with Special Visas in the United States. New York: Human Rights Watch (Organization), 2001.

Larson, Erik W. . "Institutionalizing Legal Consciousness: Regulation and the Embedding of Market Participants in the Securities Industry in Ghana and Fiji " Law & Society Review 38, no. 4 (2004): 737-768.

Marshall, Anna Maria, and S. Barclay. "In Their Own Words: How Ordinary People Construct the Legal World." Law & Social Inquiry 28, no. 3 (2003a): 617-628.

McCann, Michael. Rights at Work. Chicago: University of Chicago Press, 1994.

McCann, Michael, and Tracey March. "Law and Everyday Forms of Resistance: A Socio-Political Assessment." Studies in Law Politics and Society 15 (1995): 207236.

Merry, Sally Engle. Getting Justice and Getting Even: Legal Consciousness among Working-Class Americans Language and Legal Discourse. Chicago: University of Chicago Press, 1990.

Merry, Sally Engle. "Anthropology, Law, and Transnational Processes." Annual Review of Anthropology 21 (1992): 357-379.

Merry, Sally Engle. "Culture, Power, and the Discourse of Law." New York Law School Law Review 37 (1995a): 209-225.

Merry, Sally Engle. "Resistance and the Cultural Power of Law " Law & Society Review 29, no. 1 (1995b): 11-26.

Nielsen, Laura Beth. "License to Harass: Offensive Public Speech, Legal Consciousness, and Hierarchies of Race, Gender and Class." University of California, Berkeley (UMI Number: 9931344) Retrieved August 21, 2009, from Dissertations and Theses database, 1999.

Nielsen, Laura Beth. "Situating Legal Consciousness: Experiences and Attitudes of Ordinary Citizens About Law and Street Harassment." Law & Society Review 34, no. 4 (2000): 1055-1090.

Nielsen, Laura Beth. License to Harass: Law, Hierarchy, and Offensive Public Speech. Princeton: Princeton University Press, 2004.

Sarat, A., and T. R. Kearns. Law in Everyday Life. Michigan: University of Michigan, 1995.

Sarat, Austin. "The Law Is All Over: Power, Resistance and the Legal Consciousness of the Welfare Poor." Yale Journal of Law and the Humanities, no. 2 (1990): 343-379.

Scheingold, Stuart A. The Politics of Rights. Michigan: University of Michigan Press, 2007.

Silbey, Susan S. "Making a Place for Cultural Analyses of Law." Law & Social Inquiry 17, no. 1 (1992): 39-48.

Unger, Roberto. Law in Modern Society: Toward a Criticism of Social Theory. New York: Free Press, 1985.

Weber, Max. The Theory of Social and Economic Organization. New York: Oxford University Press, 1947.

Zemans, Frances. "Legal Mobilization: The Neglected Role of the Law in the

Political System." APSR 77 (1983): 690-703.

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Published

2016-05-15

Issue

Vol. 15 No. 1 (2016)

Section

Articles

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