Law and Popular Culture Overview

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Questions and Answers

What is the central theme of the first lecture on law and popular culture?

  • Resistance
  • Representation
  • Consent
  • Production (correct)

How are law and popular culture described in their relationship?

  • Oppositional in their goals
  • Independent and parallel
  • Completely separate systems
  • Mutually constitutive and influential (correct)

What do law and popular culture share as a central mechanism?

  • Universal truths
  • Techniques of meaning-making (correct)
  • Material production
  • Scientific processes

Which early 20th-century film reflected formalism in law?

<p>Charlie Chaplin's Police (A)</p> Signup and view all the answers

What marked the shift toward realism in legal representations in the mid-20th century?

<p>A critique of the gap between law's promises and its realities (A)</p> Signup and view all the answers

Which TV series popularized the glamorous portrayal of police work in the 1980s?

<p>Miami Vice (D)</p> Signup and view all the answers

What challenge does the "CSI Effect" create in legal settings?

<p>Unrealistic public expectations of legal processes (B)</p> Signup and view all the answers

What is a central concern when pop culture dramatizes law?

<p>It distorts or simplifies the complexities of legal life. (D)</p> Signup and view all the answers

Gramsci’s ideas are influential because they:

<p>Combine culture, ideology, and politics to explain power (B)</p> Signup and view all the answers

What does popular culture’s fragmented representation of law in the 1960s reflect?

<p>Growing societal complexity and ideological diversity (B)</p> Signup and view all the answers

Flashcards

Hegemony

The process of a ruling group maintaining control over a society through a combination of force and the construction of cultural values and norms that are widely accepted.

Counter-hegemony

The act of challenging and creating alternative ideas and practices to undermine the dominant power structures and hegemonic norms.

Organic Intellectuals

Intellectuals who emerge from specific social groups or classes and advocate for their interests, often challenging dominant ideologies.

Traditional Intellectuals

Intellectuals who claim neutrality but often reinforce existing power structures and serve the interests of the ruling class.

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Civil Society

The arena where cultural and ideological consent is formed through voluntary participation in social practices, institutions, and beliefs.

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Ideology

A system of ideas and practices that shapes social consent and frames the way people understand the world.

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Moral Truth Shift

The shift in moral authority from divine punishment (church-centered) to societal punishment (secular laws and social judgment).

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Demonization of Criminals

The tendency to depict criminals in sensationalist narratives using language and imagery that evokes fear, disgust, and moral condemnation.

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Internalized Authority

The process of internalizing societal norms and values, often accompanied by a sense of self-policing and conformity.

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Focus on Individual Choice

The emphasis on individual choices and responsibility for criminal actions, ignoring systemic factors that contribute to crime.

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Gramsci's Framework

The merging of culture, ideology, and politics to explain how power is maintained and challenged in society.

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Moral Panic

The use of sensationalist language and narratives to create a sense of fear and moral outrage about crime, often leading to public demand for harsher punishments.

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Moral Attribution of Poverty

The portrayal of poverty in sensationalist narratives as a moral failing caused by weak will, lack of discipline, and susceptibility to vice.

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Market Rationality

The idea that the pursuit of self-interest and economic gain drives individual behavior, often leading to social consequences.

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Legal Flattening Effect

The tendency to oversimplify and distort public understanding of legal processes and outcomes, often influenced by sensationalist media narratives.

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Depiction of Weak-Willed Individuals

The tendency to portray individuals involved in crimes as inherently weak-willed and prone to temptation.

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Reasonable Person Standard

The use of a fictional, idealized representation of a reasonable person to objectively evaluate individual actions in legal contexts.

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Erasure of Folk Heroes

The act of suppressing or erasing the stories and achievements of folk heroes, often to maintain social control and prevent working-class aspirations.

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Cultural Integration

The process of integrating and co-opting diverse cultural elements into the dominant ideology, subtly reinforcing hegemonic norms.

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Shifting Power Structures

The emergence of new forms of power and dominance in society, often marked by a transition from traditional to modern forms of control.

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Emotional Manipulation

The use of sensationalist language and narratives to evoke an emotional response from the audience, often manipulating their beliefs and perceptions about crime.

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Passive Revolution

The gradual and incremental changes in society that maintain existing power structures, often driven by state-led initiatives.

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Power Struggle

The struggle between opposing forces in society, including the ruling class and those resisting their dominance.

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Historic Bloc

A key concept in Gramsci's theory, highlighting the interconnectedness of cultural, political, and economic forces in maintaining power structures.

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Domination Through Consent

The ability of the ruling class to shape cultural norms and values to such an extent that they are perceived as natural and inevitable.

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Victim Blaming

The act of blaming the victim for their own misfortune, often ignoring the systemic factors that contributed to their vulnerability.

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Individualistic Perspective of Crime

The tendency to focus on individual choices and motives of criminals, often neglecting systemic factors that contribute to their criminal behavior.

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Children as Symbolic Vessels of Morality

The portrayal of children in cautionary tales as vulnerable and susceptible to temptation, reinforcing the need for strict parental guidance and societal control.

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Forces of Hegemony

A coalition of forces, including intellectuals, political leaders, and social institutions, that work together to maintain and reproduce hegemonic power structures.

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Moral Justification of Punishment

The tendency to present crime as a result of personal weakness, immorality, and lack of self-control, often ignoring systemic inequality and social factors.

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Study Notes

General Concepts

  • Central theme of the first lecture on law and popular culture: Production
  • Relationship between law and popular culture: Mutually constitutive and influential
  • Shared central mechanism between law and popular culture: Techniques of meaning-making

Historical Evolution

  • Formalism in law reflected in 20th-century film: Charlie Chaplin's Police
  • Shift towards realism in legal representations in the mid-20th century: Depictions of the gap between law's promises and its realities
  • Glamorous portrayal of police work in 1980s TV series: Miami Vice
  • Major shift in portrayals of law in popular culture in 1960s: Fragmented and diverse perspectives

Theoretical Foundations

  • Popular culture's effect on law according to Austin Sarat: Expands public understanding of legal life
  • Term for how popular culture simplifies legal processes: Flattening effect
  • Language as a system (according to Stuart Hall): Signs and representations
  • Components of a sign in semiotics: Signifier and signified
  • What "common sense" obscures (according to Stuart Hall): The true scope of material production, the ideological construction of ideas, natural behavior of individuals, and social production

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