Abstract
A Contribution to Pierre Bourdieu’s Sociology of Law and Transformation of Disputes. As the power of law depends on a continuously supply of cases, disputes emergence and transformation is crucial for the division of labour in the legal field. Bourdieu is not explicit about how simple problems may transform to legal cases in judicial institutions proceeded by professional lawyers in his article ‘The Force of Law’. Instead, he relies on the seminal Felstiner et al. article ‘The Emergence and Transformation of Disputes: Naming, Blaming, Claiming’ to discuss how legal problems are products of social and historical processes affected by different agents’ abilities to name and transform problems depending on their positions in social space. We accentuate this rather neglected or decoupled part of Bourdieu’s sociology of law concerning the pre-dispute phase with his conceptual framework. Moreover, we try to couple Bourdieu’s sociology of law with Felstiner et al.’s dispute processing framework to fill in the gaps and make Bourdieu’s sociology of law more complex and significant.
Bidragets oversatte titel | A Contribution to Pierre Bourdieu’s Sociology of Law and Transformation of Disputes |
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Originalsprog | Dansk |
Tidsskrift | Praktiske Grunde: Nordisk tidsskrift for kultur- og samfundsvidenskab |
Udgave nummer | 1-2 |
Sider (fra-til) | 5-22 |
Antal sider | 18 |
ISSN | 1902-2271 |
Status | Udgivet - 2020 |
Emneord
- Bourdieu’s sociology of law
- lawyers
- language in law
- pre-dispute phase
- transformation of disputes
- naming-blaming-claiming
- unperceived injurious experiences