Symbolic Power Without Violence? Critical Comments on Legal Consciousness Studies

Abstract

In this paper I analyze the reception of constructivist social theory in these sociolegal studies. The hypothesis that I want to demonstrate is that despite the importance of their contributions to understanding of law, there is a theoretical ambiguity in these studies. This follows from the fact that they adhere to social theories which are premised on different presuppositions about social relations and thus irreconcilable. To illustrate this ambiguity I will contrast the way that the concept of symbolic efficacy is employed in the work of Pierre Bourdieu, who is frequently cited in the legal consciousness studies as an authorized theoretical reference. I will analyze the basic concepts that underpin the sociolegal studies considered here, discuss the idea of the symbolic in law, and provide a theoretical comparison between Bourdieu and legal consciousness studies.