Law as Social Control: A Summary

Dixon, J., Levine, M. &McCauley,R. (2006).Locating Impropriety: Street Drinking, Moral   Order, and the Ideological Dilemma of Public Space. Political Psychology, 27(2), 187-    206.
The article sets out to consider the manner in which certain practices are classified as improprieties. In their study, the authors chose to concentrate on an ongoing research that seeks to understand public perception of street drinking. The setting Market Square in Manchester city which was one of the public spaces where drinking bans had come into effect. A total of 59 people of which 56 were white participated in the study which was by way of semi-structured interviews. A preliminary review of related literature guided the direction of the study.
One of the major findings of the study was the fact that respondents viewed street drinking as an incivility. For instance, some of the respondents considered street drinking to be noisy which was a departure from what was expected of the square. Incivility of street drinking also showed through its visual incongruity. Public consumers of alcohol looked out of place in the eyes of many of the respondents. Secondly, it also came out from the study that the incivility of an act like street drinking largely depended on the construction of public space. For instant, respondents tended to make a distinction between public and private spheres which drinking consigned to the private spheres. This occasionally came out when some respondents suggested that they would not mind those drinking in pubs. The construction of street drinking as an incivility also stemmed from its transgression on the accessibility of the square as a public space. Lastly, the authors have also had to grapple with the ideological dilemma that emerges from a nuanced analysis of public perception of street drinking. A simplistic analysis of the situation may point to a clear distinction between what is a public and private space respectively.  A closer scrutiny will, however, reveal that such kind of clarity does not exist.
Collins, D.C.A., & Kearns, R.A. (2001).Under Curfew and under Siege? Legal Geographies of Young People.Geoforum, 32,389-403.
The study was an analysis of the role of curfew as a tool of social control employed by a hegemonic group towards other groups in the society. The introduction of curfews in New Zealand in the 1990s requiring young people to stay out of public spaces provided the setting for the study. Echoing throughout the paper is the message that curfews targeting the young people in the two towns played much more than the stated need to control youth crime. For one, they also served to portray youth deviance in the two towns as a phenomenon visited upon the residents by people from without. There were instances where study respondents attributed youth deviance in the towns to other young people coming from bigger towns like Auckland. In a way, the theme that emerges is that of a group attempting to pass the back. Curfews also came out as a way for the hegemonic group in the society to enforce a standard conception of parental responsibility. Thus, children were being sent home some that those parents who may not have apt with their responsibility may learn to catch up.    
That curfews in the two small towns in New Zealand could be used beyond the stated needs to control youth crime is not new to New Zealand. In discussing the situation in America, the author alludes to the concept of moral panic. This is where those with a political agenda may push it to the top of society’s concern through fear. It conditions the public to long for a solution. The author sees the call for youth curfews to have been facilitated in the same manner. The experience in America indicates that curfews emanating from moral panic may be politically expedient but they normally result into bad law. This is because of their tendency to target specific groups like the young.
The Legal Regulation of Taste: Annoying Noises, Unkempt Yards, and the ‘Quality and   Tranquility of Life.’
The chapter is a critical look at the power of municipal authorities in both the United States and Canada to regulate certain aspects of urban living that could be seen to imply preferences for certain cultures. It bemoans the fact that municipalities in both countries cannot be said to possess any more expertise in these areas than any other institutions like the courts.  The groups whose cultural preferences seem to be favored by the municipal laws on aesthetics include the middle aged, the middle-class as well as married couples. This is, however, not to say that the municipal regulations in the relevant areas overtly set out to favor the preferences of these groups. Rather, it is the manner in which those laws are fashioned that leads to their functional bias towards those cultures.
A municipal regulation of noise presents examples of how the applications of these laws lead to functional biases in favor of certain cultural preferences. Such regulations are often couched in a manner that leaves room for the exercise of discretion on the people enforcing the laws. In particular, peg the accepted standard to a reference point which is usually the reasonable standard.  In the same breadth, regulations on smell also follow the same approach where reasonable standard seems to the reference point. In both cases, enforcement often tends to fall back on the standards preferred by the middle aged, the middle-class as well as the married as the reference point. A possible explanation for this outcome could be the manner in which city governance takes place. Those able to influence decision makers at the council level tends to have their preferences taken into account. The three groups are more likely than other groups to succeed at this.


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