Conceptualizing the Conflictual Co-Constitution of Law and Culture

• In Event: 209 - Theory Section Roundtable Session (one-hour).
  In Refereed Roundtable: Table 12. Political Sociology

Abstract

Sociologists have explored the relationship between law and culture in several ways: 1) law as a structure that enables and constrains culture; 2) culture as a structure that enables and constrains law; and 3) law as a cultural toolkit or repertoire that actors draw upon to orient strategies for action. I briefly describe each approach, then, bridging examples from cultural sociology and law and society, I propose a fourth approach. While law and culture are generally conceptualized as autonomous forces in ongoing contention, negotiation, and reconciliation, I outline an approach that considers the relationality of law and culture, as constituted by ongoing contention. Moving from micro to macro levels of analysis, I offer examples from cultural sociology and law and society to illustrate the utility of this new research agenda: 1) embodiment and emotions; 2) legal mobilization and legal consciousness; 3) institutional logics. Such an approach both builds a productive bridge between cultural sociology and Law and Society, as does it outline a conceptualization of law not as a static structure, but rather as a contested, dynamic system of relations.

Author

• Haj Yazdiha, University of North Carolina-Chapel Hill