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Why And Legal Instrumentalism? Why Is Bourdieu Critical Of Both?

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Why And Legal Instrumentalism? Why Is Bourdieu Critical Of Both?
Q. 1. What are legal formalism and legal instrumentalism? Why is Bourdieu critical of both?
Using Epstein Boudreaux says Legal Formalism is premised on First principals and used as a means to constrain and civilize people. As per Epstein without the law, we would act like animals. Legal formalism is based on a set of rules based on the wisdom of the ages that are based on a long history of the values of a society that act as a civilizing force.
Bourdieu has disagreed and feels that the law doesn’t just come from wise rulings of the past. Law constituted by society in the present via the fabric of society, its culture, institutions and its society structure Law to appear above and outside society. Bourdieu states the legal field has its language, handshakes, and codes that signify to the lay person immediately that he/she is not a part of the legal world only a spectator. This sets up a situation where the lay person will come to those in the legal world to help as well as see those in the legal field as very important powerful people.
For Bourdieu, Legal Instrumentalism is not based on values but is an extension of the Capitalist class and its set of policies and rules, that ensures the owners of the means of production have the last say when it comes to legal issues …show more content…
This is a far cry from the duties of the Police according to Bittner. The militarization of the police caused a backlash from people in the impoverished community as an occupation force of police that controls, poor communities with force are Not interested in befriending the community anymore. Mandatory minimum sentences for crack cocaine a three strikes laws saw and increase in incarceration for
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