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Law, nation and race : exploring law's cultural power in delimiting belonging in English courtrooms
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Aliverti, Ana (2018) Law, nation and race : exploring law's cultural power in delimiting belonging in English courtrooms. Social and Legal Studies, 28 (3). pp. 281-302. doi:10.1177/0964663918776486 ISSN 1461-7390.
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Official URL: https://doi.org/10.1177/0964663918776486
Abstract
This article explores the place of law and legality in the formation of British national identity and its reproduction (and contestation) inside the courtroom. It draws on socio-legal scholarship on legal culture, legal consciousness, and ‘law and colonialism’ to shed light on the cultural power of the law to forge national subjectivities. The law does more than adjudicating justice and imposing sanctions. Its symbolic power lies in its capacity to construct legal subjectivities, of both individuals and nations. Through the law and its categories, people make sense of the social world and their position in it. The law can articulate national identities by expressing who we are and who we would like to be as a nation. By exploring the place of the law in discourses of British nationhood, this article contributes to our understanding of the ideological role of the law in reifying racial and global hierarchies. It also sheds light on how the boundaries of belonging can be unsettled through law’s power.
| Item Type: | Journal Article | ||||||
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| Subjects: | K Law [LC] > KD England and Wales | ||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Library of Congress Subject Headings (LCSH): | Criminal courts -- Great Britain, National characteristics, Imperialism | ||||||
| Journal or Publication Title: | Social and Legal Studies | ||||||
| Publisher: | Sage | ||||||
| ISSN: | 1461-7390 | ||||||
| Official Date: | 21 May 2018 | ||||||
| Dates: |
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| Volume: | 28 | ||||||
| Number: | 3 | ||||||
| Page Range: | pp. 281-302 | ||||||
| DOI: | 10.1177/0964663918776486 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Open Access (Creative Commons) | ||||||
| Date of first compliant deposit: | 23 April 2018 | ||||||
| Date of first compliant Open Access: | 23 May 2018 | ||||||
| RIOXX Funder/Project Grant: |
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