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Re: [xmca] Taking culture into account/Doing harm?



One of the real influences of law are the practical means of partitioning
it.  Legal practitioners would struggle to consider law as a whole in every
case.  Therefore we have the pragmatics that provide partitions: the cost
of going to the courts.

The law must lag practice in order to permit cultural diversity and
cultural self-regulation.

The study of legal infringements as a cultural practice may be useful.  For
instance, in the uk drivers consistently drive at 10% above speed limits,
yet they strictly obey red lights.

Likewise gender differences in legal observation may be contrary to what
some people think.  Many women cyclists, in London at least, consistently
cycle across red pedestrian crossings.

Huw

On 24 July 2012 03:20, Martin Packer <packer@duq.edu> wrote:

> The Social Studies of Science community (<http://www.4sonline.org/>) does
> a pretty good job exploring the social/cultural character of scientific
> investigation. (One of their lesser known journals is 'Science as Culture.')
>
> Are the equivalent groups studying the social/cultural basis and character
> of other forms of rationality? The law, for example? There is the journal
> Social & Legal Studies, which has "a commitment towards feminist,
> post-colonialist, and socialist economic perspectives on law," with
> interesting articles, such as this:
>
> Tata, C. (2007). Sentencing as craftwork and the binary epistemologies of
> the discretionary decision process. Social & Legal Studies, 16(3), 425-447.
> doi:10.1177/0964663907079767
>
> But can people point me towards more on legal rationality, or other
> rationalities?
>
> Martin
>
> On Jul 23, 2012, at 8:39 PM, Larry Purss wrote:
>
> > I want to amplify THIS awareness that science is only one particular
> aspect
> > of culture which is very useful for bringing objective type knowledge to
> > the conversation. However, it is when we ask science to extend into
> aspects
> > of organized activity which require other forms of inquiry or
> understanding
> > where our mythologizing science AS the totality of world develops
> *stances*
> > or *attitudes* or *dispositions* or *styles* of human activity which.are
> > totalizing
>
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