However, there seems to be more to culture than rule following. This has been illustrated
in several important studies conducted by Garfinkel and his colleagues, which show that the
ability to apply a rule calls for much more than a knowledge of the rule itself, as rules are
invariably incomplete. For example, sociologist David Sudnow has illustrated that even in the
administration of justice, an area of human activity where action is sup-posed to be determined
by clearly defined rules, the application of a specific law calls upon background knowledge on
the part of the legal officer or judge that goes well beyond what is stated in the law itself. His
studies show that cases of child molesting or burglary, for example, are typically assigned to
legal categories on the basis of images and judgments as to what constitutes a “normal crime” in
these areas. A series of subjective decisions are thus made on the nature of the case before any
rule is applied. Lawyers and judges do not follow the rules. Rather, they invoke rules as a means
of making a particular activity or particular judgment sensible and meaningful to themselves and
to others. In effect, the parties involved in this process are involved in a definition of the rules
that are to be applied. This process often involves negotiation—for example, among the
defendant and his or her lawyer, the public prosecutor, and the judge, all of whom may subscribe
to competing definitions of the situation being considered.
However, there seems to be more to culture than rule following. This has been illustratedin several important studies conducted by Garfinkel and his colleagues, which show that theability to apply a rule calls for much more than a knowledge of the rule itself, as rules areinvariably incomplete. For example, sociologist David Sudnow has illustrated that even in theadministration of justice, an area of human activity where action is sup-posed to be determinedby clearly defined rules, the application of a specific law calls upon background knowledge onthe part of the legal officer or judge that goes well beyond what is stated in the law itself. Hisstudies show that cases of child molesting or burglary, for example, are typically assigned tolegal categories on the basis of images and judgments as to what constitutes a “normal crime” inthese areas. A series of subjective decisions are thus made on the nature of the case before anyrule is applied. Lawyers and judges do not follow the rules. Rather, they invoke rules as a meansof making a particular activity or particular judgment sensible and meaningful to themselves andto others. In effect, the parties involved in this process are involved in a definition of the rulesthat are to be applied. This process often involves negotiation—for example, among thedefendant and his or her lawyer, the public prosecutor, and the judge, all of whom may subscribeto competing definitions of the situation being considered.
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