In Their Own Words: How Ordinary People Construct the Legal World

Marshall, Anna‐Maria; Barclay, Scott

doi:10.1086/380076

Cited by 28 publications

(26 citation statements)

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“…The study of legal mobilization, then, must include consideration of when, how, and why individuals "invoke legality," examining when people look to the law and the resources of the state to address a problem (Marshall & Barclay, 2003, p. 618). Whether and how people invoke legality in various circumstances relates to their legal consciousness, which includes the choices, rights, and understandings that they see as possible for themselves within a legal framework (Ewick & Silbey, 1998;Marshall & Barclay, 2003;Nielsen, 2004). Legal mobilization is also used to describe how individuals seek to use the court process to fight injustice more generally (Marshall & Barclay, 2003).…”

Section: Conceptualizing Voicementioning

confidence: 99%

“…Whether and how people invoke legality in various circumstances relates to their legal consciousness, which includes the choices, rights, and understandings that they see as possible for themselves within a legal framework (Ewick & Silbey, 1998;Marshall & Barclay, 2003;Nielsen, 2004). Legal mobilization is also used to describe how individuals seek to use the court process to fight injustice more generally (Marshall & Barclay, 2003). In contrast to the procedural justice and legitimacy frameworks, work in legal mobilization has a distinct social justice dimension, often concerned with the extent to which legal institutions are places of entrenched power that sustain social inequality (Ewick & Silbey, 1998;Marshall & Barclay, 2003;Sarat, 1990).…”

Section: Conceptualizing Voicementioning

confidence: 99%

“…Legal mobilization is also used to describe how individuals seek to use the court process to fight injustice more generally (Marshall & Barclay, 2003). In contrast to the procedural justice and legitimacy frameworks, work in legal mobilization has a distinct social justice dimension, often concerned with the extent to which legal institutions are places of entrenched power that sustain social inequality (Ewick & Silbey, 1998;Marshall & Barclay, 2003;Sarat, 1990). Despite the promise of legal mobilization research findings to reveal how we understand voice in the legal process, empirical researchers have neglected questions about what people want to express and the content of voice, particularly as a tool to address perceived inequalities or injustice.…”

Section: Conceptualizing Voicementioning

confidence: 99%

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Role of voice in the legal process*

Pennington

Farrell

2019

Criminology

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As communities face unrest and protest because of perceived racial bias and decreased trust and confidence in the criminal justice system, it is critical to explore mechanisms that foster institutional legitimacy. Voice is a central element in the procedural justice framework because it is anticipated to promote process control as well as a shared understanding between institutions and communities. As a concept, however, voice is undertheorized. Measures of voice used in legitimacy research may result in oversimplification of the concept, not fully capturing the struggles disadvantaged people face in trying to exercise influence in the court system. Through the use of rich data from qualitative interviews with youth and families involved in the juvenile justice system and in‐depth observations of juvenile court events, we explore what voice is, the mechanisms through which people try to assert voice, and how voice matters in the legal process. Respondents sought voice for many reasons, including to validate their experiences, to affirm their membership in a community, and to assert concerns about perceived police misconduct. Contrary to traditional conceptualizations of voice as a static event (e.g., having voice or not having voice), voice was a process of negotiating dialogue between court officials and court participants throughout the legal process.

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Section: Conceptualizing Voicementioning

confidence: 99%

Section: Conceptualizing Voicementioning

confidence: 99%

Section: Conceptualizing Voicementioning

confidence: 99%

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Role of voice in the legal process*

Pennington

Farrell

2019

Criminology

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“…Sociolegal scholarship has examined how individuals-including lawyers-formulate understandings of the role of the law in their everyday lives. My analysis of lawyers' stories is framed in part by prior work on legal consciousness that examined understandings of the law, including whether the law is viewed as fixed and immutable, flexible and something to be manipulated, or antagonistic and something to be resisted (Ewick & Silbey, 1998;Marshall & Barclay, 2003). Significantly, the law is an interactive process, with persons receiving circulating discourses about law and accepting, modifying, or rejecting these meanings.…”

Section: Legal Consciousness Frameworkmentioning

confidence: 99%

The Practice of Law With LGBT‐Parent Families

Baumle¹

2018

Family Court Review

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In this article, I examine how a history of legal conflict has produced a constantly evolving professional identity for lawyers representing lesbian/gay/bisexual/transgender (LGBT) clients on family matters. Drawing on in‐depth interviews with 21 lawyers, I describe variation across areas of specialization, advertising, clientele, and access to professional networks. In addition, I focus on how sociopolitical and legal context shapes professional identity and practice for these lawyers, demonstrating the importance of practice location for this group of lawyers. Although interviews were conducted prior to national marriage recognition, these findings provide insight into the future development of the LGBT family law profession post‐Obergefell.

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“…The caseworkers and volunteers who helped people with their cases learned a legal game (Lens 2007;Marshall and Barclay 2003;Ewick and Silbey 1998) that was not entirely humanitarian: assisting people classified as victims. The event was something that happened to people, not something that defined who they were.…”

Section: And Accountabilitymentioning

confidence: 99%

Disaster, Displacement, and Casework: Uncertainty and Assistance after Hurricane Katrina

Sterett¹

2015

Law & Policy

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Casework in the United States in social welfare programs has been limited in what caseworkers can do, as what they do has been tightly structured by rules. Recently, scholars have argued that episodic assistance in disaster brings sympathy in public policy more than restriction. The sympathy after disaster brings new money, and individual assistance is in turn the subject of casework. This article relies upon interviews, observations, and government documents to assess how casework served displaced people after Hurricane Katrina. The article finds that caseworkers after Katrina were caught in a program that would end at some uncertain time, and with new and unclear rules that changed frequently, making the sympathy difficult to enact for many of the poorest people. Casework after disaster is episodic and convened by nonprofits and, after Katrina, paid for by a large grant and then written into statute. Assistance for displaced people is likely to continue, given the expectation of more disasters and rising sea levels. The question of how it is like or unlike other forms of assistance and what sympathy in policy means in helping displaced people is therefore likely to continue to matter.

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In Their Own Words: How Ordinary People Construct the Legal World

Cited by 28 publications

References 0 publications

Role of voice in the legal process*

Role of voice in the legal process*

The Practice of Law With LGBT‐Parent Families

Disaster, Displacement, and Casework: Uncertainty and Assistance after Hurricane Katrina

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