Particularly Strong Answers from the First Exam

Here are some particularly strong answer to the second half of the first exam (the short answers).

1. What are "structure" and "agency"? Define these terms and illustrate them with one example from course readings or films.

From Madeline -
Structure is defined as the broader institutions within society that constrain the course of one's life, for example class or gender. Agency is the actions an individual takes out of one's own free will within these broader structural institutions. An example of structure vs. agency can be explored in the 'Live Nude Girls Unite' film, as the worker's were constrained by the structure of gender which delegitimizes female work, especially sex work. The girls, however, represented agency in choosing to continue the work while feeling empowered, and ultimately unionizing. 

From Katie -
Structure refers to the ways in which people’s lives are influenced and managed by societal norms and establishments, such as gender. Agency refers to the fact that despite the imposing nature of structure, people are still able to make choices about how to live their lives. An example of these terms is in Live Nude Girls Unite! The women live within the structure of management and have to follow certain rules about how they look and the impact that has on switching shifts; they have to have lighter skin or bigger breasts. However, they have agency when they choose to unionize to fight for better working conditions. 


2. How do theorists like Judith Butler define sex and gender? How does this contrast with common understandings of those terms?

From an anonymous student -
Judith Butler defined sex and gender as separate terms. Sex is a person's biological classification of male or female. Gender is influenced by societal norms and one acts out their gender through repeated practices. For example, in the reading of Lese and Efe the practices that defined a male or a female were further explained. According to the culture, the men would build the home, but the women would clean it.

From Madeline -
Judith Butler fights against the common understanding of sex and gender as the same thing that is 'natural'. Instead, Butler argues that sex is the biological traits one receives at birth, but gender is socially constructed through everyday acts. For example, a common understanding of sex and gender in American may assume that biological males 'naturally' are tougher. Butler, however, would refute this claim and argue that society reinforces a binary that teaches males to be tougher and not show emotions through everyday repeated performances of gender, and that gender does not naturally equal one's sex. 


3. What does the phrase "order without law" mean? How does it help us analyze law and legal systems?

From Katie -
“Order without law” refers to the ways in which people settle legal disputes without going to court. An example of this is how the cattle ranchers settle disputes by using IOU’s or trading. This helps us analyze law and legal systems because it gives insight into people’s opinions about them. Often times, people can view law and the legal system as more of a burden than a way to help. 



4. How do law and culture intersect and interact? Use a specific example from the course readings or films to illustrate your answer.

From Vianney -
Law and culture intersect and interact because cultural norms influence laws and laws enforce those cultural norms. An example being the marital laws in Japan stating married coupled need to have the same name. This reflects the family ideal in Japanese culture, and now the law reinforces that ideal. Women now want to change this law, and if it does, the law will then reflect a more modern feminist culture. 

From Ryan -
Law and culture intersect through their complete interdependence. Law creates culture and culture makes law accepted. For example, in Islamic law, one’s ascribed status and relations to others are a strong indicator of their honesty and reliability. Therefore, if a witness has many people who are considered respectable vouch for them in a court proceeding, they have higher chances of avoiding charges. In other cultures, however, this is not acceptable and is not law. In British and American court proceedings, one’s background, unless directly related to the case, is completely disregarded. The emphasis on the importance of status and relationship is different in each culture, and this is reflected in the law. 

From Fernando -
Laws can in a sense reflect culture or laws can be strengthened because of culture. An example would be Japanese family name laws that require married couples to have the same last name. There have been some cases brought to the courts on the issue but the cultural practice has been so ingrained that the cases never really stood a chance.



5. In Street Life Under a Roof, what research methodologies did Margaretten use? What challenges and benefits did those methods bring to the project?

From Jackie -
In “Street Life Under a Roof”, Emily Margaretten used ethnography via recorded interviews and prolonged observation and infiltration of the community. When Margaretten first started her research, she thought she might focus on younger children, but decided against that because she thought she might have too large of an impact on younger kids’ lives. Another challenge, besides possibly impacting normal lives too much, was that people would reveal only certain information to her in interviews. This is part of why her prolonged stay had such a positive effect — the youth of Point Place were able to grow to trust her over the span of two year. Ofentse, her personal assistant, also aided her acceptance into the community by acting as a sort of cultural liaison. 


6. For some viewers, the oracles in Witchcraft among the Azande are illogical and strange. How and why do the oracles make sense to the people represented in the film?

From an anonymous student -
Since law and legal systems are very heavily influenced by culture, the people who reside within said legal systems will understand them the most. To the people represented in the film, these practices made sense because they were raised knowing that these methods worked. The oracles therefore make sense to these people because it is a large part of their culture and legal system. Similar to how DNA tests are seen as foolproof science in the American legal system, the chicken death is seen as foolproof evidence in their legal system.


7. What is hegemonic power? Illustrate your example with one example from course readings or films.

From Jackie -
Hegemonic power is when regular people are convinced to identify with  an elite class, and are convinced that what is best for the elite is also what’s best for them. An example of hegemonic power is in “Live Nude Girls Unite!” in terms of their wage policy. A worker was happy to work her way up in gaining higher wages through raises. But, she could be demoted at a moment’s notice due to a minor infraction. When they work themselves up, the management is aiding in convincing them they are part of a more elite class, but can also put them in a position of inferiority very easily. 

From an anonymous student -
Hegemonic power is the way in which social norms influence individuals to believe that what they want overlaps with what the elites want. In Live Nude Girls Unite!, the women in an open shop had the choice between joining the union or not joining the union. Many of these women did not join the union, even though it would benefit them, because they were convinced by the norm of not joining the union that they wanted to not join, which was what the shop owners hiring these women wanted. They were convinced by the social norm to follow what the elite wanted, thinking it was what they wanted, thus demonstrating hegemonic power.