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Legal Consciousness in Marginalized Groups: The Case of LGBT People

Published online by Cambridge University Press:  27 December 2018

Kathleen E. Hull
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Abstract

Studies of legal consciousness have flourished over the last few decades, but these studies and the very concept of legal consciousness have recently come under critique. This article uses the case of studies of the legal consciousness of lesbian, gay, bisexual, and transgender (LGBT) people to demonstrate that legal consciousness has been a valuable conceptual tool for exploring experiences of sociolegal marginalization. Research on LGBT people advances the study of legal consciousness without sacrificing a critical stance or reading lack of overt resistance as evidence of law's hegemonic power. Consideration of this research highlights that focusing on marginalized populations is a way to retain a critical edge in legal consciousness research. Future research should include more exploration of the relationship between marginalization and legal consciousness, further theoretical elaboration of the forms and conditions of resistance to law, and greater attention to how social interactions and institutions produce legal consciousness.

Type
Articles
Information
Law & Social Inquiry , Volume 41 , Issue 3 , Summer 2016 , pp. 551 - 572
Copyright
Copyright © American Bar Foundation, 2016 

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References

Albiston, Catherine T. 2006. Legal Consciousness and Workplace Rights. In The New Civil Rights Research: A Constitutive Approach, ed. Fleury‐Steiner, Benjamin and Beth Nielsen, Laura, 55–75. Aldershot, UK: Ashgate.Google Scholar
Andersen, Ellen Ann. 2005. Out of the Closets and Into the Courts: Legal Opportunity Structure and Gay Rights Litigation. Ann Arbor, MI: University of Michigan Press.Google Scholar
Barclay, Scott, Bernstein, Mary, and Marshall, Anna‐Maria, eds. 2009. Queer Mobilizations: LGBT Activists Confront the Law. New York: New York University Press.Google Scholar
Bernstein, Mary. 2001. Gender, Queer Family Policies, and the Limits of Law. In Queer Families, Queer Politics: Challenging Culture and the State, ed. Bernstein, Mary and Reimann, Renate, 420–46. New York: Columbia University Press.Google Scholar
Bernstein, Mary, and Taylor, Verta, eds. 2013. The Marrying Kind? Debating Same‐Sex Marriage Within the Lesbian and Gay Movement. Minneapolis, MN: University of Minnesota Press.Google Scholar
Brisbin, Richard A. 2010. Resistance to Legality. Annual Review of Law and Social Science 6:25–44.Google Scholar
Bumiller, Kristin. 1988. The Civil Rights Society. Baltimore, MD: Johns Hopkins University Press.Google Scholar
Canaday, Margot. 2009. The Straight State: Sexuality and Citizenship in Twentieth‐Century America. Princeton, NJ: Princeton University Press.Google Scholar
Chua, Lynette J. 2014. Mobilizing Gay Singapore: Rights and Resistance in an Authoritarian State. Philadelphia, PA: Temple University Press.Google Scholar
Chua, Lynette J. 2015. The Vernacular Mobilization of Human Rights in Myanmar's Sexual Orientation and Gender Identity Movement. Law & Society Review 49:299–332.Google Scholar
Connolly, Catherine. 2002. The Voice of the Petitioner: The Experiences of Gay and Lesbian Parents in Successful Second‐Parent Adoption Proceedings. Law & Society Review 36:325–46.Google Scholar
Currah, Paisley, Juang, Richard M., and Price Minter, Shannon, eds. 2006. Transgender Rights. Minneapolis, MN: University of Minnesota Press.Google Scholar
Doan, Long, Loehr, Annalise, and Miller, Lisa R. 2014. Formal Rights and Informal Privileges for Same‐Sex Couples: Evidence from a National Survey Experiment. American Sociological Review 79:1172–95.Google Scholar
Engel, David M. 1984. The Oven Bird's Song: Insiders, Outsiders, and Personal Injuries in an American Community. Law & Society Review 18:551–82.Google Scholar
Engel, David M., and Munger, Frank W. 2003. Rights of Inclusion: Law and Identity in the Life Stories of Americans with Disabilities. Chicago, IL: University of Chicago Press.Google Scholar
Ewick, Patricia, and Silbey, Susan S. 1998. The Common Place of Law: Stories from Everyday Life. Chicago, IL: University of Chicago Press.Google Scholar
Ewick, Patricia, and Silbey, Susan S. 2003. Narrating Social Structure: Stories of Resistance to Legal Authority. American Journal of Sociology 108:1328–72.Google Scholar
Fleury‐Steiner, Benjamin. 2003. Before or Against the Law? Citizens' Legal Beliefs and Expectations as Death Penalty Jurors. Studies in Law, Politics and Society 27:115–37.Google Scholar
Fleury‐Steiner, Benjamin. 2004. Jurors' Stories of Death: How America's Death Penalty Invests in Inequality. Ann Arbor, MI: University of Michigan Press.Google Scholar
Gilliom, John. 2001. Overseers of the Poor: Surveillance, Resistance, and the Limits of Privacy. Chicago, IL: University of Chicago Press.Google Scholar
Goldberg‐Hiller, Jonathan. 2002. The Limits to Union: Same‐Sex Marriage and the Politics of Civil Rights. Ann Arbor, MI: University of Michigan Press.Google Scholar
Greenhouse, Carol J. 1986. Praying for Justice: Faith, Order, and Community in an American Town. Ithaca, NY: Cornell University Press.Google Scholar
Harding, Rosie. 2006. Dogs Are “Registered,” People Shouldn't Be: Legal Consciousness and Lesbian and Gay Rights. Social & Legal Studies 15:511–33.Google Scholar
Harding, Rosie. 2011. Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives. Abingdon, UK: Routledge.Google Scholar
Herman, Didi, and Stychin, Carl, eds. 1995. Legal Inversions: Lesbians, Gay Men, and the Politics of Law. Philadelphia, PA: Temple University Press.Google Scholar
Hoffman, Elizabeth A. 2003. Legal Consciousness and Dispute Resolution: Different Disputing Behavior at Two Similar Taxicab Companies. Law & Social Inquiry 28:691–718.Google Scholar
Hoffman, Elizabeth A. 2005. Dispute Resolution in a Worker Cooperative: Formal Procedures and Procedural Justice. Law & Society Review 39:51–82.Google Scholar
Hull, Kathleen E. 2003. The Cultural Power of Law and the Cultural Enactment of Legality: The Case of Same‐Sex Marriage. Law & Social Inquiry 28:629–57.Google Scholar
Hull, Kathleen E. 2006. Same‐Sex Marriage: The Cultural Politics of Love and Law. Cambridge: Cambridge University Press.Google Scholar
Hull, Kathleen E. 2014. Same‐Sex Marriage: Principle vs. Practice. Paper presented at the Law and Society Association Annual Meeting, Minneapolis, MN, May 29.Google Scholar
Hull, Kathleen E., and Ortyl, Timothy. 2013 . Same‐Sex Marriage and Constituent Perceptions of the LGBT Rights Movement. In The Marrying Kind? Debating Same‐Sex Marriage Within the Lesbian and Gay Movement, ed. Bernstein, Mary and Taylor, Verta, 67–102. Minneapolis, MN: University of Minnesota Press.Google Scholar
Keck, Thomas M. 2009. Beyond Backlash: Assessing the Impact of Judicial Decisions on LGBT Rights. Law & Society Review 43:151–85.Google Scholar
Kennedy, Duncan. 1980. Toward an Historical Understanding of Legal Consciousness: The Case of Classical Legal Thought in America, 1850–1940. In Research in Law and Sociology, Vol. 3, ed. Spitzer, Steven, 3–24. Greenwich, CT: JAI Press.Google Scholar
Kirkland, Anna. 2008. Think of the Hippopotamus: Rights Consciousness in the Fat Acceptance Movement. Law & Society Review 43:397–431.Google Scholar
Kostiner, Idit. 2003. Evaluating Legality: Toward a Cultural Approach to the Study of Law and Social Change. Law & Society Review 37:323–68.Google Scholar
Kostiner, Idit. 2006. “That's Right”: Truth, Justice, and the Legal Consciousness of Educational Activists. In The New Civil Rights Research: A Constitutive Approach, ed. Fleury‐Steiner, Benjamin and Beth Nielsen, Laura, 17–35. Aldershot, UK: Ashgate.Google Scholar
Larson, Erik. 2004. Institutionalizing Legal Consciousness: Regulation and the Embedding of Market Participants in the Securities Industry in Ghana and Fiji. Law & Society Review 38:737–67.Google Scholar
Levine, Kay, and Mellema, Virginia. 2001. Strategizing the Street: How Law Matters in the Lives of Women in the Street‐Level Drug Economy. Law & Social Inquiry 26:169–207.Google Scholar
Lovell, George I. 2012a. The Myth of the Myth of Rights. Studies in Law, Politics, and Society 59:1–30.Google Scholar
Lovell, George I. 2012b. This is Not Civil Rights: Discovering Rights Talk in 1939 America. Chicago, IL: University of Chicago Press.Google Scholar
Marshall, Anna‐Maria. 2003. Injustice Frames, Legality, and the Everyday Construction of Sexual Harassment. Law & Social Inquiry 28:659–90.Google Scholar
Marshall, Anna‐Maria. 2005. Confronting Sexual Harassment: The Law and Politics of Everyday Life. Aldershot, UK: Ashgate.Google Scholar
Marshall, Anna‐Maria. 2006. Consciousness in Context: Employees' Views of Sexual Harassment Grievance Procedures. In The New Civil Rights Research: A Constitutive Approach, ed. Fleury‐Steiner, Benjamin and Beth Nielsen, Laura, 101–15. Aldershot, UK: Ashgate.Google Scholar
McCann, Michael W. 1994. Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization. Chicago, IL: University of Chicago Press.Google Scholar
Merry, Sally Engle. 1985. Concepts of Law and Justice Among Working‐Class Americans: Ideology as Culture. Legal Studies Forum 9:59–71.Google Scholar
Merry, Sally Engle. 1990. Getting Justice and Getting Even: Legal Consciousness Among Working‐Class Americans. Chicago, IL: University of Chicago Press.Google Scholar
Morrill, Calvin, Edelman, Lauren B., Tyson, Karolyn, and Arum, Richard. 2010. Legal Mobilization in Schools: The Paradox of Rights and Race Among Youth. Law & Society Review 44:651–93.Google Scholar
Musheno, Michael. 1995. Legal Consciousness on the Margins of Society: Struggles Against Stigmatization in the AIDS Crisis. Identities 2:101–22.Google Scholar
Nielsen, Laura Beth. 2000. Situating Legal Consciousness: Experiences and Attitudes of Ordinary Citizens About Law and Street Harassment. Law & Society Review 34:1055–90.Google Scholar
Nielsen, Laura Beth. 2004. License to Harass: Law, Hierarchy, and Offensive Public Speech. Princeton, NJ: Princeton University Press.Google Scholar
Richman, Kimberly D. 2006. LGBT Family Rights, Legal Consciousness, and the Dilemma of Difference. In The New Civil Rights Research: A Constitutive Approach, ed. Fleury‐Steiner, Benjamin and Nielsen, Laura Beth, 77–99. Aldershot, UK: Ashgate.Google Scholar
Richman, Kimberly D. 2009. Courting Change: Queer Parents, Judges, and the Transformation of American Family Law. New York: New York University Press.Google Scholar
Richman, Kimberly D. 2010. By Any Other Name: The Social and Legal Stakes of Same‐Sex Marriage. University of San Francisco Law Review 45:357–87.Google Scholar
Richman, Kimberly D. 2014. License to Wed: What Legal Marriage Means to Same‐Sex Couples. New York: New York University Press.Google Scholar
Sarat, Austin. 1990. “… The Law Is All Over”: Power, Resistance and the Legal Consciousness of the Welfare Poor. Yale Journal of Law and the Humanities 2:343–79.Google Scholar
Scheingold, Stuart A. 1974. The Politics of Rights: Lawyers, Public Policy, and Political Change. New Haven, CT: Yale University Press.Google Scholar
Silbey, Susan S. 2005. After Legal Consciousness. Annual Review of Law and Social Science 1:323–68.Google Scholar
Silverstein, Helena. 1996. Unleashing Rights: Law, Meaning, and the Animal Rights Movement. Ann Arbor, MI: University of Michigan Press.Google Scholar
Stone, Amy L. 2012. Gay Rights at the Ballot Box. Minneapolis, MN: University of Minnesota Press.Google Scholar
Stychin, Carl. 1995. Law's Desire: Sexuality and the Limits of Justice. London: Routledge.Google Scholar
Stychin, Carl. 2003. Governing Sexuality: The Changing Politics of Citizenship and Law Reform. London: Hart.Google Scholar
Taylor, Jami K., and Haider‐Markel, Donald P. 2014. Transgender Rights and Politics: Groups, Issue Framing, and Policy Adoption. Ann Arbor, MI: University of Michigan Press.Google Scholar
White, Lucie. 1990. Subordination, Rhetorical Survival Skills and Sunday Shoes: Notes on the Hearing of Mrs. G. Buffalo Law Review 38:1–58.Google Scholar
Whitehead, Jaye Cee. 2012. The Nuptial Deal: Same‐Sex Marriage and Neo‐Liberal Governance. Chicago, IL: University of Chicago Press.Google Scholar
Wilson, Joshua C. 2013. The Street Politics of Abortion: Speech, Violence, and America's Culture Wars. Stanford, CA: Stanford University Press.Google Scholar
Yngvesson, Barbara. 1993. Virtuous Citizens, Disruptive Subjects: Order and Complaint in a New England Court. New York: Routledge.Google Scholar
Young, Kathryne M. 2014. Everyone Knows the Game: Legal Consciousness in the Hawaiian Cockfight. Law & Society Review 48 (3): 499–530.Google Scholar