Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Cognitive Sociology (2)
- Law (2)
- Actor (1)
- After the JD study (1)
- Causation (1)
-
- Classical sociological theory (1)
- Cognition (1)
- Cognitive sociology (1)
- Credentialism (1)
- Criminology (1)
- Decolonizing pedagogy (1)
- Deterritorialization (1)
- Digital (1)
- Discipinarity (1)
- Discipline (1)
- Durkheim (1)
- Freedom (1)
- Human nature (1)
- Immanence (1)
- Intersubjectivity (1)
- Intra-professional stratification (1)
- Justice (1)
- Knowledge production (1)
- Law & Society scholarship (1)
- Law school outcomes (1)
- Legal education (1)
- Phenomenological Criminology (1)
- Phenomenology (1)
- Social contract (1)
- Social nature (1)
Articles 1 - 6 of 6
Full-Text Articles in Social and Behavioral Sciences
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
Graduate Student Publications and Research
What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …
On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael
On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael
Graduate Student Publications and Research
One of the few basic premises that sociological analysis assumes is a general answer to the question of how society is organized according to some sort of agreement or contract. Elucidating how this question is still unsettled requires an exploration of how several prominent thinkers have considered what the basis for society is and how it is related to justice founded in the cognitive sociological basis of individuality. Drawing on the cognitive and cultural turn, this critique offers a revision of the structure-agency problem and examines the implications for a sociological conception of freedom and a corresponding concept of causation …
Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas
Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas
Graduate Student Publications and Research
The legal myth of thirds is the belief that each graduating class of law students can be divided into thirds where the top third end up becoming law professors, the middle third become judges and the bottom third become lawyers. Such discourse is indicative of a meritocratic society and a 2014 survey done at a small New England law school found that 36.9% of respondents (N=92) have indeed heard that this was the case. The authors feel that the mere existence of such a rumor suggests that there is concern regarding intra-professional stratification. Using data from the American Bar Foundation’s …
Deterritorializing Disciplinarity: Toward An Immanent Pedagogy, Christina Nadler
Deterritorializing Disciplinarity: Toward An Immanent Pedagogy, Christina Nadler
Graduate Student Publications and Research
This article speculates on the pedagogical consequences of deterritorializing disciplinary knowledge. I suggest a move from knowledge as discipline to knowledge as an emergent potential of a field. Through this move, I propose an immanent pedagogy, based on the work of Deleuze and Guattari, in which students and teachers become active participants in a field of knowledge. This field is not only a way out of disciplinary knowledge but also a mechanism for students and teachers alike to critique and subvert disciplinarity. My understanding of knowledge production is based on the ontological and immanent capacity of students to learn and …
Should Sociology Care About Theories Of Human Nature?: Some Durkheimian Considerations On The ‘Social’ Individual, Michael W. Raphael
Should Sociology Care About Theories Of Human Nature?: Some Durkheimian Considerations On The ‘Social’ Individual, Michael W. Raphael
Graduate Student Publications and Research
Theories of human nature underlie major positions not only in social science but also in the public sphere and its relationship to inequality. When it comes to Durkheim, his theory of human nature is often confused with his critiques of intellectual individualism and his historical argument concerning moral individualism. This paper proposes to analytically separate Durkheim’s apparently intertwined positions to show Durkheim’s concept of the ‘social individual’ as found within his theory of human nature. This is the difference between society as the object of analysis where the individual is slowly expressed historically in regard to the transition from mechanical …
Phenomenological Theories Of Crime, Peter K. Manning, Michael W. Raphael
Phenomenological Theories Of Crime, Peter K. Manning, Michael W. Raphael
Graduate Student Publications and Research
The distinctive aspect of phenomenological theories of crime is that they are based upon a stated epistemology: how things are known and a specific ontology—the nature of social reality. This specificity aligns itself with neo-Kantian concern with forms of knowing, interpretation, and meaning, as well as with 20th-century concern with perception, cognition, and the framing of events. While there are influences of phenomenological thinking on varieties of theorizing, such as symbolic interactionism, critical theory, queer theory, and gender-based theories of crime, these ideas are refractions and are inconsistent in their reference to and understanding of the foundational phenomenological works. A …