Paradox of Legal Entitlement
Law, Power and Resistance Among Working-class Americans 2nd
By (author) Sally Engle Merry
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Paradox of Legal Entitlement by Sally Engle Merry
Book DescriptionOrdinary Americans often bring family and neighborhood problems to court, seeking justice or revenge. The litigants in these local squabbles encounter law at its boundaries in the corridors of busy city courthouses, in the offices of court clerks, and in the church parlors used by mediation programs. "Getting Justice and Getting Even" concerns the legal consciousness of working class Americans and their experiences with court and mediation. Following cases into and through the courts, Sally Engle Merry provides an ethnographic study of local law and of the people who use it in a New England city. The litigants, primarily white, native-born, and working class, go to court because as part of mainstream America they feel entitled to use its legal system. Although neither powerful nor highly educated, they expect the law's support when they face intolerable infringements of their rights, privacy, and safety. Yet as personal problems enter the legal system and move through mediation sessions, clerk's hearings, and prosecutor's conferences, the citizen plaintiff rapidly loses control of the process. Court officials and mediators interpret and characterize the meaning of these experiences, reframing and categorizing them in different discourses. Some plaintiffs yield to these interpretations, but others resist, struggling to assert their own version of the problem. Ultimately, Merry exposes the paradox of legal entitlement. While going to court allows an individual to dominate domestic relationships, the litigant must increasingly yield control of the situation to the court that supplies that power.
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Book DetailsISBN: 9780226520698
(228mm x 152mm x 14mm)
Imprint: University of Chicago Press
Publisher: The University of Chicago Press
Publish Date: 1-May-1990
Country of Publication: United States
Books By Author Sally Engle Merry
New Legal Realism: Volume 2, Hardback (May 2016)
Leading scholars, established and new, demonstrate a novel approach to the empirical study of global law-in-action in this second volume of a two-volume series.
World of Indicators, Hardback (September 2015)» View all books by Sally Engle Merry
Explores the proliferation of indicators and the resulting transformations in entanglements between social science, markets and politics in public life.
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Author Biography - Sally Engle Merry
Sally Engle Merry is professor of anthropology at Wellesley College.
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