“. .《法律已经终结》:福利穷人的权力、反抗与法律意识

Austin D. Sarat
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引用次数: 159

摘要

“对我来说,法律已经结束了。你知道,我被抓住了;总有一些我应该遵守的规则,一些我甚至不知道的规则。这就是不一样,你无法真正理解。”这些话是斯宾塞说的,他是一个35岁的领取公共援助(一般救济)的人,我第一次见到他是在一家法律服务办公室的候诊室里。我做了自我介绍,告诉他我有兴趣和他谈谈法律,想知道他为什么要使用法律服务;我问他是否愿意和我谈谈,并允许我在他会见他的律师时在场。虽然他一开始对我“没有什么更重要的事要做”感到既困惑又好笑,但他还是同意了我的两个请求。随着我研究的深入,斯宾塞在我们第一次谈话中所说的…法律已经结束了”,这句话成为理解法律在福利穷人生活中的意义和意义的参考点。他的话帮助我理解了福利人士如何看待法律和运用法律理念,以及他们如何应对福利官僚机构的问题。在本文中,我提出了这种解释,并描述了我所谓的福利穷人的法律意识。我建议法律
本文章由计算机程序翻译,如有差异,请以英文原文为准。
".. The Law Is All Over": Power, Resistance and the Legal Consciousness of the Welfare Poor
"For me the law is all over. I am caught, you know; there is always some rule that I'm supposed to follow, some rule I don't even know about that they say. It's just different and you can't really understand." These words were spoken by Spencer, a thirty-five-year-old man on public assistance (general relief), whom I first encountered in the waiting room of a legal services office. I introduced myself and told him that I was interested in talking to him about law and finding out why he was using legal services; I asked if he would be willing to talk with me and allow me to be present when he met with his lawyer. While he seemed, at first, both puzzled and amused that I had, as he put it, "nothing more important to do," he agreed to both of my requests. As my research unfolded, what Spencer said in our first conversation, .. the law is all over," served as a reference point for understanding the meaning and significance of law in the lives of the welfare poor. His words helped me interpret how people on welfare think about law and use legal ideas as well as how they respond to problems with the welfare bureaucracy. In this paper I present that interpretation and describe what I call the legal consciousness of the welfare poor.' I suggest that the legal
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