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Claiming “Victim” to Harassment Law: Legal Consciousness of the Privileged

Published online by Cambridge University Press:  27 December 2018

Susan A. Munkres
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Abstract

Sociologists of law have long been concerned with the effectiveness of rights; the emergence of diversity training in the 1990s spurred renewed attention to questions of how laws are enacted in daily life. Much scholarship has constructed the managerialization of civil rights law and popularization of diversity concepts as diluting efforts to redress structural discrimination. In studying diversity and antiharassment trainings in practice, I argue that these are sites where civil rights find expression of their obligations, and I find that much of the “dilution” of content stems from diversity trainers’ efforts to negotiate with the resistance of trainees to their new obligations under civil rights law. The trainees evince a variable legal consciousness in relationship to this legality of rights-promotion, to which they are being exposed in these trainings; the findings suggest further research is needed into the legal consciousness of the privileged.

Type
Articles
Information
Law & Social Inquiry , Volume 33 , Issue 2 , Spring 2008 , pp. 447 - 472
Copyright
Copyright © American Bar Foundation, 2008 

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References

Albiston, Catherine. 2005. Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights. Law & Society Review 39 (1): 11–47.Google Scholar
Aviram, Hadar. 2006. When the Saints Go Marching In: Legal Consciousness and Prison Experiences of Conscientious Objectors to Military Service in Israel. In The New Civil Rights Research: A Constitutive Approach, ed. Fleury-Steiner, Benjamin and Nielsen, Laura Beth, 183–99. London: Ashgate Publishing.Google Scholar
Bumiller, Kristin. 1988. Civil Rights Society: The Social Construction of Victims. Baltimore: Johns Hopkins University Press.Google Scholar
Burawoy, Michael. 1998. The Extended Case Method. Sociological Theory 16 (1): 4–33.Google Scholar
Collins, Patricia Hill. 2000. Black Feminist Thought: Knowledge, Consciousness and the Politics of Empowerment. 2nd ed. New York: Routledge.Google Scholar
Edelman, Lauren. 1992. Legal Ambiguity and Symbolic Structures: Organizational Mediation of Civil Rights. American Journal of Sociology 97 (6): 1531–76.Google Scholar
Edelman, Lauren, Erlanger, Howard, and Lande, John. 1993. Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace. Law & Society Review 27 (3): 497–534.Google Scholar
Edelman, Lauren, Fuller, Sally Riggs, and Mara-Drita, Iona. 2001. Diversity Rhetoric and the Managerialization of Law. American Journal of Sociology 106 (6): 1589–641.Google Scholar
Edelman, Lauren, and Suchman, Mark. 1999. When the “Haves” Hold Court: Speculations on the Organizational Internalization of Law. Law & Society Review 33 (4): 941–91.Google Scholar
Edelman, Lauren, Uggen, Christopher, and Erlanger, Howard. 1999. The Endogeneity of Legal Regulation: Grievance Procedures as Rational Myth. American Journal of Sociology 105 (2): 406–54.Google Scholar
Engel, David, and Munger, Frank. 1996. Rights, Remembrance, and the Reconciliation of Difference. Law & Society Review 30 (1): 7–53.Google Scholar
Ewick, Patricia, and Silbey, Susan. 1998. The Common Place of Law: Stories from Everyday Life. Chicago: University of Chicago Press.Google Scholar
Ewick, Patricia, and Silbey, Susan. 2003. Narrating Social Structure: Stories of Resistance to Legal Authority. American Journal of Sociology 108 (6): 1328–72.Google Scholar
Gordon, Avery. 1995. The Work of Corporate Culture. Social Text 13 (3): 3–30.Google Scholar
Hamilton, Cynthia. 1996. Multiculturalism as Political Strategy. In Mapping Multiculturalism, ed. Gordon, Avery and Newfield, Christopher, 167–76. Minneapolis: University of Minnesota Press.Google Scholar
Marshall, Anna-Maria. 2003. Injustice Frames, Legality, and the Everyday Construction of Sexual Harassment. Law & Social Inquiry 29 (3): 659–89.Google Scholar
Marshall, Anna-Maria. 2005. Idle Rights: Employees’ Rights Consciousness and the Construction of Sexual Harassment Policies. Law & Society Review 39 (1): 83–123.Google Scholar
McCann, Michael. 1994. Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization. Chicago: University of Chicago Press.Google Scholar
McCann, Michael. 1998. How Does Law Matter for Social Movements? In How Does Law Matter?: Fundamental Issues in Law and Society, ed. Garth, Bryant and Sarat, Austin, 76–108. Evanston, IL: Northwestern University Press.Google Scholar
McCann, Michael. 2006. On Legal Rights Consciousness: A Challenging Analytical Tradition. In The New Civil Rights Research: A Constitutive Approach, ed. Fleury-Steiner, Benjamin and Nielsen, Laura Beth, ix–xxx. London: Ashgate Publishing.Google Scholar
Nielsen, Laura Beth. 2000. Situating Legal Consciousness: Experiences and Attitudes of Ordinary Citizens about Law and Street Harassment. Law & Society Review 34 (4): 1055–90.Google Scholar
Polletta, Francesca. 2000. The Structural Context of Novel Rights Claims: Southern Civil Rights Organizing, 1961–1966. Law & Society Review 34 (2): 367–406.Google Scholar
Quinn, Beth. 2000. The Paradox of Complaining: Law, Humor and Harassment in the Everyday Work World. Law & Social Inquiry 25 (4): 1151–85.Google Scholar
Rothenberg, Paula. 2004. Invisible Privilege: A Memoir about Race, Class and Gender. Lawrence: University Press of Kansas.Google Scholar
Saguy, Abigail. 2000. Employment Discrimination or Sexual Violence? Defining Sexual Harassment in American and French Law. Law & Society Review 34 (4): 1091–1128.Google Scholar
Silbey, Susan. 2005. After Legal Consciousness. Annual Review of Law and Social Science 1:323–68.Google Scholar
Swidler, Ann. 1986. Culture in Action: Symbols and Strategies. American Sociological Review 51 (2): 273–86.Google Scholar