TY - JOUR
T1 - Producing the product
T2 - a case study of law and its absence
AU - Carr, Helen
AU - Cowan, David
AU - Wallace, Alison
PY - 2017/10/1
Y1 - 2017/10/1
N2 - In this article, we seek to develop socio-legal studies through a rupturing of the ideas behind the social and the legal, ideas that are most often presumed to exist and are used to explain that which is already there. The ubiquity of law and the omniscience of society have become givens. We use a product called shared ownership as a case study, arguing that the product was given life by a legal document (the lease) which itself represented the translation of a range of different perspectives and audiences (albeit not the consumer), and which, itself, has been translated, most notably in a 2008 High Court decision. That decision counterintuitively found that the lease had created an assured shorthold tenancy (albeit a long one) but, despite its threat to the product, has been largely ignored. We discuss the processes of, and reasons for, the translation through which that ignorance has been induced.
AB - In this article, we seek to develop socio-legal studies through a rupturing of the ideas behind the social and the legal, ideas that are most often presumed to exist and are used to explain that which is already there. The ubiquity of law and the omniscience of society have become givens. We use a product called shared ownership as a case study, arguing that the product was given life by a legal document (the lease) which itself represented the translation of a range of different perspectives and audiences (albeit not the consumer), and which, itself, has been translated, most notably in a 2008 High Court decision. That decision counterintuitively found that the lease had created an assured shorthold tenancy (albeit a long one) but, despite its threat to the product, has been largely ignored. We discuss the processes of, and reasons for, the translation through which that ignorance has been induced.
KW - social
KW - ownership
KW - translation
KW - product
UR - http://www.scopus.com/inward/record.url?scp=85032799218&partnerID=8YFLogxK
U2 - 10.1111/jols.12051
DO - 10.1111/jols.12051
M3 - Article (Academic Journal)
AN - SCOPUS:85032799218
SN - 0263-323X
VL - 44
SP - S93-S110
JO - Journal of Law and Society
JF - Journal of Law and Society
IS - S1
ER -