After Hegemony: The Varieties of Legal Consciousness Research

Halliday, Simon

doi:10.1177/0964663919869739

Cited by 47 publications

(29 citation statements)

References 62 publications

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“…The migrants studied in the reviewed publications were mostly undocumented (Abrego, 2008; 2011; 2019; Gleeson, 2010; Hirsh and Lyons, 2010; Schwenken, 2013; Alpes, 2018; Flores et al , 2019; Galli, 2020). This predominance of undocumented migrants is in line with the interest of critical legal consciousness studies in ‘those who are failed by the state legal system’ (Halliday, 2019, p. 864), as undocumented migrants can be considered to be among the most vulnerable within the already ‘marginalized group’ (Halliday, 2019, p. 864) of migrants. Other studies focus on family (Kulk and de Hart, 2013), labour (Namukasa, 2017), retirement (Gehring, 2013) and return migrants (Kubal, 2015) as well as refugees (Chakraborty et al ., 2015).…”

Section: Personal Geographic and Methodological Scopementioning

confidence: 54%

Legal consciousness and migration: towards a research agenda

Güdük

Desmet

2022

International Journal of Law in Context

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This paper reviews scholarship regarding migrants’ legal consciousness. After discussing the personal, geographic and methodological scope of the reviewed studies, the conceptualisation of legal consciousness is examined in light of evolutions in general legal consciousness studies. Thereafter, factors emerging as shaping migrants’ legal consciousness are analytically clustered at four levels: individual characteristics, relational factors, cultural dynamics, and public policies and discourse. Future research on legal consciousness could shift its gaze towards understudied migrant groups as well as places. We suggest being more explicit regarding the conceptualisation of dimensions of what is ‘legal’ and of ‘consciousness’, and adopting a pluralist approach to law. The analytical grouping of the factors impacting migrants’ legal consciousness may serve as a useful reference point for future research and facilitate a more comprehensive appraisal of the various dynamics shaping migrants’ legal consciousness.

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Section: Personal Geographic and Methodological Scopementioning

confidence: 54%

Legal consciousness and migration: towards a research agenda

Güdük

Desmet

2022

International Journal of Law in Context

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“…The rejection of law's authority is part of the story of law's hegemony. By better understanding the former, we can better understand the latter (Halliday, 2019, pp. 871–872).…”

Section: Resultsmentioning

confidence: 99%

“…Legal consciousness remained an area of high-intensity scholarly activity, while many in academia set out to renew the critical potential of its core concept for socio-legal inquiry (Chua and Engel, 2019, pp. 342–344; Halliday, 2019). One of the contributions in this context was produced by Fritsvold (2009).…”

Section: Legal Consciousnessmentioning

confidence: 99%

‘Not falling for that’: law's detraction and legal consciousness in the lives of Brazilian anti-torture activists

Silva

2020

International Journal of Law in Context

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Legalised accountability – the definition of torture as an illicit behaviour and the mobilisation of law-enforcement agencies, prosecutorial offices and courts to gather evidence, prosecute and convict torture perpetrators – has become central to anti-torture policies around the world, including Brazil. Based on legal-consciousness scholarship and in-depth interviews, this paper investigates the place and meaning of law in the everyday lives of Brazilian anti-torture activists. Counter-intuitive as it may sound, interviewees articulated an account in which law's authority is largely rejected, while non-legal tools against torture look much more preferable – even if they residually and cynically engage with the law. While exploring the discursive roots of such account, this paper highlights the role of law and justice institutions, particularly those in the criminal justice system, in the of building social support for – or rejection of – the law. These findings add to our knowledge of law's hegemony, while providing valuable insights for future legal-consciousness studies.

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“…In responding to the illegitimacy of state law, the collective dissent narrative justifies direct disruptive action, brands certain crimes as legitimate, rejects the traditional dichotomy of the legal as right and the illegal as wrong, has a sense of morality outside of state law which underpins an alternative legality for the disregard of state law, and plays the law against itself in order to promote subjective values of right and wrong, justice and ethics (Halliday and Morgan, 2013: 15-20). It focuses on practices of counter-hegemony through collective agency (Halliday, 2019).…”

Section: Collective Dissent As Legal Consciousnessmentioning

confidence: 99%

Collective Dissent as Legal Consciousness in Contemporary British Theatre

Girolamo

2021

Social & Legal Studies

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This article explores legal consciousness in contemporary British theatre. It is concerned with the messages conveyed about law in society as experienced through participant-observation and textual analysis. The interpretation of meaning will take place within the legal consciousness framework of collective dissent developed by Halliday and Morgan. Using this framework, this article will show that dissent is a reoccurring theme in these performances, with the legitimacy of state law under challenge. Alternative visions of law are pluralistic in nature. By applying a collective dissent narrative to this study, the article tests and further develops collective dissent as an analytical tool for examining legal consciousness for cultural legal studies. Through this framework, it also advances the study of theatrical performance for cultural legal studies in terms of what dramaturgic images, observational and textual, say about the relationship between law and society; specifically, to determine what theatrical performance of British contemporary theatre says about the law in this snapshot of time and place.

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After Hegemony: The Varieties of Legal Consciousness Research

Cited by 47 publications

References 62 publications

Legal consciousness and migration: towards a research agenda

Legal consciousness and migration: towards a research agenda

‘Not falling for that’: law's detraction and legal consciousness in the lives of Brazilian anti-torture activists

Collective Dissent as Legal Consciousness in Contemporary British Theatre

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