ABSTRACT

Using the theoretical framework of legal consciousness, this chapter explores the dichotomy of legislative intention versus popular motive behind observing laws through citizen's understanding of legal terminology. The hypothesis is that when legislation gives a word a connotation that is very different from or opposite to its popular meaning, this affects people's ability to internalise law, weakens its functionality and leads to social ignoring and (on occasion) rejection of such law. We do this through survey responses (collected through random quota sampling) about legal terminologies (rape, child marriage, dowry, domestic violence) that are widely used but where the popular meanings are different from the legislative meanings and doctrinal analysis of Bangladeshi penal laws. The chapter finds that the dominant male perspectives on gender-based laws have a significant influence on the popular use and appreciation of official laws and that academic qualification is not necessarily connected with common people's awareness of the language used in legal affairs.