I Fought the Law and the Law Won? Legal Consciousness and the Critical Imagination

S Halliday and B Morgan, (2013) ‘I Fought the Law and the Law Won? Legal Consciousness and the Critical Imagination’ 66 Current Legal Problems pp. 1-­32 (published online 3rd May, 2013)

UNSW Law Research Paper No. 2013-85

24 Pages Posted: 6 Nov 2013 Last revised: 19 Dec 2013

See all articles by Simon Halliday

Simon Halliday

University of York

Bronwen Morgan

University of New South Wales (UNSW) - Faculty of Law

Date Written: January 31, 2013

Abstract

The study of legal consciousness within socio-legal studies entails a focus on the ordinary, quotidian and, crucially, almost invisible life of law in society. To study legal consciousness is to study the taken-for-granted and not-immediately-noticeable: the background assumptions about legality which structure and inform everyday thoughts and actions. This article examines legal consciousness through the lens of the cultural theory of Mary Douglas. The application of her grid-group analysis offers important insights into the dimensions along which legal consciousness may vary. In doing so, it sheds light on an under-studied feature of the legal consciousness landscape: collective voices of dissent. We explore, via a secondary data analysis of radical environmental activists, a legal consciousness which expresses particularly clearly a collective rejection of the authority of state law. The analysis reveals a complex and multi-faceted legal consciousness where a rejection of state law may be coupled with a gaming approach towards it for collective aims, and can be fueled by a faith in legality above or beyond state law. It also points to the organizational vulnerability of dissenting collectivism and a corresponding affinity between a legal consciousness of collective dissent and one of fatalism. Our analysis allows us to critique and refine Ewick and Silbey’s influential account of legal consciousness. These analytical and theoretical insights point towards a future research agenda which maintains the legal consciousness tradition of focusing on the structural qualities of law while avoiding the pitfalls of a theory of general legal hegemony.

Keywords: socio-legal studies, legal consciousness, cultural theory, radical activism, environment

Suggested Citation

Halliday, Simon and Morgan, Bronwen, I Fought the Law and the Law Won? Legal Consciousness and the Critical Imagination (January 31, 2013). S Halliday and B Morgan, (2013) ‘I Fought the Law and the Law Won? Legal Consciousness and the Critical Imagination’ 66 Current Legal Problems pp. 1-­32 (published online 3rd May, 2013), UNSW Law Research Paper No. 2013-85, Available at SSRN: https://ssrn.com/abstract=2350262 or http://dx.doi.org/10.2139/ssrn.2350262

Simon Halliday (Contact Author)

University of York ( email )

York Law School
Freboys Lane
York, YO10 5GD
United Kingdom
+44 1904 325820 (Phone)

Bronwen Morgan

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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