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This chapter describes the results of an exploratory study that examined parents’ experiences with the law as they obtained funding for speech generating devices for their children with communication disabilities, either through public health insurance, private health insurance, or a public school. Exploring legal consciousness: Experiences of families seeking funding for assistive technologies for children with disabilities. Law, Policy, and Society Dissertations. Paper 17. Retrieved from http://hdl.handle.net/2047/d20000265). The study explored how parents engaged with the law and how their experiences and perceptions about the law compared to the formal law. This research was based on sociolegal theory, particularly the concept of legal consciousness, which examines how people think and act in relation to the law as a consequence of social interactions, and analyzes how law in action compares with the formal law. Sociolegal theory broadens the definition of law to include “the meanings, sources of authority, and cultural practices” (Ewick & Silbey, 1998, p. 22) as well as the formal law.

Similar to other sociolegal research, this study collected personal narratives of law using grounded theory methods to identify themes within those narratives. The narratives revealed that while parents expressed varieties of legal consciousness, there was one overarching theme: the law provided a framework for parents to envision rights, discuss rights, and claim rights. While few parents invoked formal legal mechanisms to solve grievances, the law created a rights consciousness among parents which empowered them to acknowledge and validate the notion of rights and entitlements.

Our legal system has a well-established set of laws and procedures for injured people to seek redress for their injuries. Over the years universalised legal injury narratives have developed. In other words, repeated applications of the law have generated standard, abstract, generalised versions of individual injury narratives. Accordingly, from any particular injury narrative, there can be distilled an “essential or abstract” legal injury narrative which is the same universal narrative that can be distilled from other like cases (Klinck, 1992). It seems likely that there are different versions of the legal injury narrative that have developed due to an accumulation of a large number of similar cases. For example, there is likely to be a version of the legal injury narrative for injuries arising out of each of motor vehicle accidents, workplace incidents, occupier’s liability, medical malpractice or defective products. However, this paper will demonstrate that underlying all of these versions is the generic legal injury narrative with particular and common characteristics. This paper develops the idea of the universal “legal injury narrative” – that is, a legally idealised narrative about injury, based on a number of implicit rules about the way injuries occur and their consequences. The legal injury narrative is the framework by which other injury narratives are judged.

Drawing inspiration from C Wright Mills exhortation to sociologists to locate themselves and their experiences in the ‘trends of their epoch’, I consider how first-hand experience of imprisonment can help criminology account for the growing trend towards the use of imprisonment in many Western democracies. Using interviews with a small group of British criminologists who have experience of imprisonment, I explore the connections between personal stories and collective narratives. Drawing reflexively from my own imprisonment, my subsequent professional trajectory and experiences of prison research, I consider the difficulties and potential of crafting a collective criminological project from disparate and profoundly personal experiences of imprisonment. The chapter combines methodological reflections on the use of autoethnography, autobiography and vignettes as a means to an end: establishing collective narratives from personal stories. I argue that the task of connecting these narratives to the ‘trends of the epoch’ that manifest in expanding prison populations is difficult but developing some momentum in convict criminology.

The law in a liberal state is often a violent instrument. So said Robert Cover. Among those communities to which the law has been particular cruel are Native Americans. Indeed, the traditions and practices of Native American tribes have spawned rich and fascinating narratives. Each tribe has created its own “nomos – its own normative universe” – with a distinct set of rules, expectations, and tenets. Even still, the state and federal governments have historically challenged Native American traditions and culture with various legal and judicial policies. Insofar as the state-imposed law is blunt and imprecise, certain Native American narratives are thus threatened. Over the past decade, several judicial cases have highlighted the clash between the state’s imperial authority and Native American narratives. Our chapter explores these court cases with an eye to the inevitable conflicts that emerge when law exists uneasily in a liberal state.

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the public. Organized advocacy by youth also informs and animates policy development. One recent example fosters youth organizing to promote “normalcy” in child welfare practices in Florida, and in related federal legislation.

The purpose of this paper is to explore the narratives that construct the practice and regulation of ‘sexting’, the sending of sexualised images via text message, when engaged in by young people. The aim of this discussion is to better understand the extent to which those narratives recognise young people’s agency in relation to their sexuality and the role that new media plays in enabling youth to explore their sexual identity.

The methodology employed is that of discourse analysis. This approach is used to deconstruct the dominant narrative of sexting contained in the literature, a narrative that constructs it as a problem to be contained and controlled, either through the application of the criminal law or through education and guidance approaches. This paper then investigates an emerging counter narrative that gives greater emphasis to the autonomy rights of youth. A case study involving a Parliamentary Inquiry in one Australian State into sexting is also employed to further this analysis.

This paper concludes that the dominant narrative remains the strongest influence in the shaping of law and the practice of sexting, but that young people may be better served by the counter narrative that recognises their agency in ways that may empower and grant them more control over their bodies.

The paper thus provides an alternative approach to developing new law and policy with respect to the regulation of sexting by youth that should be of value to lawmakers and child and youth advocates.

Over the past few decades, the law and literature movement has fragmented, expanded, and evolved to include fields as diverse as hermeneutics and narrative theory. This chapter discusses the developments in and contributions of these two strains of the law and literature movement and argues that each respectively provides us with important ways of seeing acts of interpretation and the use of stories in the legal culture. Hermeneutics provides an understanding of the phenomenon of interpretation that avoids the trap of choosing originalism or postmodernism as the accepted method of interpreting legal texts. Narrative theory provides tools for understanding and critiquing the burgeoning use of stories in the law.

This chapter explores the development of organizational narratives of identities for embodying the qualified jobseeker with disabilities in the French job market.

While the concept of “organizational narratives of identities” has primarily been used to study the access to services to individuals with “troubled identities,” my study looks at how organizational narratives are shaped in labor market intermediation for the professional integration of workers with disabilities.

In this context, fitting the right formula story goes beyond embodying the morally “deserving” target population in order to encompasses corporate-related expectations, such as demonstrating resilience and grit, as well as disclosure-related expectations, that navigates the contradictory injunction of the French antidiscrimination system to both demonstrate a commitment to diversity and to remain indifferent to differences.

This chapter highlights the ways in which the cultural narratives surrounding disabled identities, workers’ identities, and the French cultural ideology of “indifference to differences” were translated into specific recruitment advice on the job market, as well as into organizational changes that favored the creation of a disability-friendly buffer zone in corporations: the activist disability manager. The chapter also shows how widely circulating cultural narratives shape, and are shaped by, organizational policies and procedures that can in turn shape personal experiences in the workforce.