Law and Society: An Introduction
Law and Society is written to be highly accessible to the average undergraduate student. This multidisciplinary text draws on the work of anthropologists, historians, law professors, political scientists, psychologists, and sociologists to clearly outline how law is an essential social institution that shapes society, while also being shaped by it.
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Law and Society is written to be highly accessible to the average undergraduate student. This multidisciplinary text draws on the work of anthropologists, historians, law professors, political scientists, psychologists, and sociologists to clearly outline how law is an essential social institution that shapes society, while also being shaped by it.
Preface viiThe Social Nature and Significance of Law 1The Significance of Law for Society and for Ourselves 3The Social Functions of Law 4The Dysfunctions of Law 6The Study of Law and Society 7Traditional and Social Science Views of Law 7Assumptions in the Study of Law and Society 9What Does Law and Society Study? 10Law and Justice 12The Case of the Speluncean Explorers 14Law and Logic in Tumultuous Times 17The Plan of the Book 18Summary 19Key Terms 20Understanding Law and Society 21What Is Law? 21Selected Definitions of Law 23Definitions of Law and the Existence of Law 27Explanations of Law 30Early Approaches 30Contemporary Perspectives 42Summary 51Key Terms 54Families and Types of Law 55Families of Law 55Common Law 56Civil Law 60Theocratic Law 64Socialist Law 68Traditional Law 70Types of Law in the United States 71Criminal Law 71Civil Law 75Executive Orders 77Administrative Law 78Other Distinctions 80Special Topics 82Military Law and Military Justice 82Native American Law 84International Law 85Summary 88Key Terms 91Law and Dispute Processing 92The Disputing Process 93Stages in the Disputing Process 94Methods of Dispute Processing 95Explaining Dispute Processing Decisions 104Societal Factors 104Individual Factors 110Dispute Processing in the United States 112Dispute Processing and Litigiousness: Then and Now 113Legal Consciousness and Going (or Not Going) to Court 117The Litigation Crisis Controversy 123Alternative Dispute Resolution (ADR) 128Summary 131Key Terms 133Law and Social Control 134Law, Deterrence, and Incapacitation 136Deterrence: Conceptual Considerations 137Research on Deterrence 142The Issue of Incapacitation 146Law, Morality, and Consensual Crime 149Philosophical Considerations 150Social Science Considerations 154Repealing Consensual Crime Laws? 156Special Topics in Law and Social Control 158The Death Penalty Controversy 158White-Collar Crime 162Summary 164Key Terms 167Law and Social Change 168The Impact of Social Change on Law: Law as Dependent Variable 170Social Change and Fundamental Legal Change 170Social Change and Specific Legal Developments 178The Impact of Law on Social Change: Law as Independent Variable 190Aspects of the Law to Social Change Relationship 191The Limits of Law as a Social Change Vehicle 193Problems in Assessing Legal Impact 195Conditions That Maximize the Potential Impact of Legal Change 197Law and Social Movements 199Use of Law by Social Movements 199Use of Law Against Social Movements 204Summary 206Key Terms 208Law and Inequality 209Law and Inequality in the American Past 210Social Class 210Race and Ethnicity 214Gender 218Contemporary Evidence 221Social Class 221Race and Ethnicity 226Gender 231Summary 234Key Terms 236The Legal Profession 237Images and Perceptions of Lawyers 238Reasons for the Negative Image 238The Positive Image: Lawyer as Hero 240History of the Legal Profession 241Early Origins of Lawyers 241Origin and Development of the American Legal Profession 242The U.S. Legal Profession Today 245Growth and Demographics of the Legal Profession 245The Stratification and Social Organization of the Bar 247Cause Lawyering 251Women in the Law 253Legal Ethics and Corruption 255Satisfaction with Legal Careers 257Law School and Legal Education 258The Growth of the American Law School 258Critique and Defense of Legal Education Today 261Summary 263Key Terms 266Courts and Juries 267Criminal Courts in the United States 267Understanding the Criminal Court 268Normal Crimes and the Courtroom Workgroup 270Plea Bargaining: Evil, Necessary Evil, or Not Evil? 273The Jury in Democratic Society 276History of the Jury 277How Well Does the Jury Perform? 280The Issue of Jury Nullification 283Summary 285Key Terms 288References 289Glossary 317Index 323
