Kitty Calavita's Invitation To Law And Society

When learning about some of the laws and policies enacted throughout history, it is important to understand the historical, social, and political context in which it was created. This does not mean that these contexts justify or alleviate blame from those who enacted these laws or policies, rather, examining the origin of these laws through an interdisciplinary approach can help to understand why these laws may have been created. Adam Cohen’s Imbeciles, discusses the United States eugenics movement and the sterilization of Carrie Buck. Using concepts from Kitty Calavita’s Invitation to Law and Society, Carrie Buck’s sterilization will be analyzed from the lens of law and society scholarship. The sterilization of Carrie Buck shows the impact

The sterilization of Carrie Buck and the eugenics movement in the U.S. is an example of this relationship, as the eugenics movement and biological determinist thought permeated society. Carrie Buck was up against four powerful institutions, medicine, academia, law, and the judiciary, not to mention the gender and economic differences. While discussing the economy, Calavita explains a shift in business models that applies to Buck’s case. Calavita writes, “The charisma and credentials of the ‘grand old men’ who traditionally made up this transnational arbitration club continue to provide it with an aura of genteel legitimacy, but that its actual operation has been rendered highly technocratic and rational” (Calavita, 34). The ‘grand old men’ described can also be applied to the four, elite, professional institutions Buck was against during her case. With an aura of professional legitimacy, these powerful institutions work under the belief that the government and society should be ruled by an elite group of technical experts. With their elite professions, Dr. Albert Priddy, Harry Laughlin, Aubrey Strode, and Justice Oliver Wendell Holmes saw it within their right to control who could reproduce, and who would reproduce valuable babies for the

The concept that law and society shape each other is prevalent in the case of Carrie Buck, as it shows how power, professionalism, and popular opinion can strip individuals of their rights. Calavita discusses the subtleties of law, and its influence on everyday life, and this is especially apparent in Buck’s case. Many do not know the history of law and policy shaping reproduction, however, Buck’s case is another example of how the government and people in power tried to regulate who could, and who could not, have children. The story of Carrie Buck is about individuals in power, and their influence on society and law, to shape the society and law that would best fit their needs or