Law's Dream of a Common KnowledgeIf knowledge is power, then the power of law can be studied through the lens of knowledge. This book opens up a substantive new area of legal research--knowledge production--and presents a series of case studies showing that the hybridity and eclecticism of legal knowledge processes make it unfruitful to ask questions such as, "Is law becoming more dominated by science?" Mariana Valverde argues that legal decision making cannot be understood if one counterposes science and technology, on the one hand, to common knowledge and common sense on the other. The case studies of law's flexible collage of knowledges range from determinations of drunkenness made by liquor licensing inspectors and by police, through police testimony in "indecency" cases, to how judges define the "truth" of sexuality and the harm that obscenity poses to communities. |
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... person who has the vice of smoking. Vices inhabit a shadowy realm located somewhere between the isolated “act” governed by criminal law or by the Ten Commandments, on the one hand, and the disciplinary world of the modern deviant ...
... person X was a status Indian but also if person X “followed an Indian style of life.” The determination of this issue brought into being knowledge of the Indian “lifestyle” in the form of a judicial amateur anthropology of collective ...
... person,” is a necessary legal fiction is, of course, not a novel claim; but the implications of the persistence of the curious imperative epistemology of “the duty to know” are explored here in ways that may prove fruitful for ...
... person, a witness, and a body of knowledge, a link that distinguishes law from arenas such as scientific peer review, in which the personal character of the person presenting facts is precisely that which is excluded. The studies ...
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Contents
1 | |
9780691086989_3CH2 | 28 |
9780691086989_4CH3 | 54 |
9780691086989_5CH4 | 86 |
9780691086989_6CH5 | 112 |
9780691086989_7CH6 | 141 |
9780691086989_8CH7 | 167 |
9780691086989_9CH8 | 193 |
9780691086989_10CH9 | 222 |
9780691086989_11BIB | 229 |
9780691086989_12IND | 241 |