The Language of Law School This page intentionally left blank

Ways with Words
; Labov, “The Logic of Nonstandard
English”; Mehan, 
Learning Lessons
.
63. See Collins and Blot, 
Literacy and Literacies
; Calhoun and Ianni, 
The Anthropo-
logical Study of Education
; Roberts and Akinsanya, 
Schooling in the Cultural Context
.
64. See Bernstein,
 Class, Codes, and Control
; Bourdieu and Passeron, 
Reproduction
;
Bowles and Gintis, 
Schooling in Capitalist America
; Eggleston and Gleason, “Curriculum
Innovation and the Context of the School.”
65. See, e.g., Parsons, “The School Class as a Social System.”
66. See, e.g., Bowles and Gintis,
 Schooling in Capitalist America.
67. Apple, 
Ideology and Curriculum
 and 
Teachers and Texts
; Giroux, “Theories of
Reproduction and Resistance in the New Sociology of Education.”
68. Apple explicitly builds on Gramscian theory, which imputed importance to the
role of culture and insisted on attention to the ways that people resist dominant cultures.
See Apple, 
Ideology and Curriculum
. A similar argument is currently being made about
politics and law generally. See discussion in Mertz, “Legal Loci and Places in the Heart,”
973; key current works on resistance include Comaroff and Comaroff, 
Of Revelation and
Revolution
, vols. 1 and 2; Lazarus-Black and Hirsch,
 Contested States
; Scott,
 Weapons of
the Weak
 and 
Domination and the Arts of Resistance
.
69. Carnoy and Levin, 
Schooling and Work
. Some might argue that there is not nec-
essarily an inherent antagonism between these two functions, because the individual-
ist “rights” orientation in U.S. society can arguably be understood as serving and resonating
with a liberal conception of the autonomous, isolated citizen-subject. On the limitations
of rights models, see Bumiller, 
The Civil Rights Society
; but see Williams, 
Alchemy
, on the
power of a concept of rights for the subordinated.
70. See Leacock, “Education in Africa: Myths of ‘Modernization.’”
71. See Bourdieu and Passeron, 
Reproduction
; see also Bourdieu, 
Distinction
 and
Homo Academicus
.
72. That is to say, schooling contributes to reproduction of social structure both
through recruitment and through the messages that are inculcated during the process of
education. Bourdieu, “Cultural Capital and Pedagogic Communication.”
73. Collins, “Literacy and Literacies.”
74. Yon, “Highlights and Overview,” 423.
75. Id.
234
Notes to Pages 24–25

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76. Wortham, “Linguistic Anthropology of Education”; see also Collins and
Slembrouck, “Reading Shop Windows,” 21, who build on Silverstein’s framework to
demonstrate how “particular ‘micro’ contextual meanings are always construed in
terms of a potentially open and sequentially-enacted series of higher-order ‘macro’
contextual assumptions.”
77. John Austin, 
Province of Jurisprudence
; Dworkin, 
Law’s Empire
; on H. L. A. Hart
and others, see also Mertz and Weissbourd, “Legal Ideology and Linguistic Theory”;
Weissbourd and Mertz, “Rule-Centrism versus Legal Creativity.”
78. See, e.g., Levi, 
Introduction
; Minow, 
Making All the Difference
; Solan, 
Language of
Judges
; Williams, 
Alchemy
; Winter, 
Clearing in the Forest
; D. Kennedy, “Form and Sub-
stance in Private Law Adjudication”; see generally Bishin and Stone,