Berard2015
| Berard2015 | |
|---|---|
| BibType | INCOLLECTION |
| Key | Berard2015 |
| Author(s) | Tim Berard |
| Title | Hate crimes, labels, and accounts: pragmatic reflections on U.S. hate crimes |
| Editor(s) | Baudouin Dupret, Michael Lynch, Tim Berard |
| Tag(s) | Law, Ethnomethodology, Accounts, Labeling |
| Publisher | Oxford University Press |
| Year | 2015 |
| Language | English |
| City | New York |
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| Pages | 223–239 |
| URL | Link |
| DOI | 10.1093/acprof:oso/9780190210243.003.0010 |
| ISBN | |
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| Howpublished | |
| Book title | Law at Work: Studies in Legal Ethnomethods |
| Chapter | |
Abstract
The study of law in action is necessarily an interdisciplinary pursuit, and has much to learn from scholarship identified with the sociology of deviance, especially interactionist, constructionist, ethnographic, and ethnomethodological scholarship. One particular case in point is how the study of language and law can be enriched by scholarship on social processes of labeling deviance and accounting for ostensible deviance. This chapter addresses hate crimes, drawing attention to the practical methods involved in a variety of legal contexts. First, it addresses expert testimony advocating for the expansion of hate crime law and relates it to sociological insights on the labeling of deviance. It then addresses a legal defense used in appeals courts that emphasizes freedom of speech and thought (the First Amendment defense), relating it to insights from the sociology of accounts. Both lines of analysis suggest the analytic importance of understanding law as expressive and fundamentally praxiological.
Notes
