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An accessible and lively introduction to the field, Law, Justice, and Society: A Sociolegal Introduction explores the relationship between legal systems and other social institutions using a distinctive sociological point of view.
Authors Anthony Walsh and Craig Hemmens provide detailed discussions of the various ways in which law impacts people based on race, class, gender, and age while also introducing students to the origins of the law, the history and development of the American legal system, the sociology of law, court structure, and the difference between civil and criminal law.
Table of Contents
**Each Chapter begins with an Introduction and ends with a Summary, Discussion Questions, References, and Cases Cited.** 1. LAW: ITS FUNCTION AND PURPOSE What Is Law? The Six Primary Characteristics of Culture and Their Relationship to Law 1. Beliefs 2. Values 3. Norms 4. Symbols 5. Technology 6. Language The Code of Hammurabi Early Thinkers about Law - Plato - Aristotle - Thomas Hobbes - John Locke - John Rawls Sociological Perspectives of Law - Max Weber - Émile Durkheim Two Opposing Perspectives: Consensus and Conflict - The Consensus Perspective - The Conflict Perspective 2. JUSTICE AND THE LAW What Is Justice? - Distributive Justice - Retributive Justice Problems with Aristotle's Definition of Justice Legal Realism Where Does Justice Come From? Two Perspectives of Law and Justice as Natural - The Transcendental Natural Law Perspective - The Evolutionary Perspective What Is the Relationship of Law to Justice? - Equity Garofalo and Natural Crime The Rule of Law Justice Evolving: Cesare Beccaria and Reform Justice, the Law, and Packer's Models of Criminal Justice - The Crime Control Model - The Due Process Model - An Illustration of the Models in Action 3. MAKING LAW Common Law Precedent and Stare Decisis Sources of Law Sources of Individual Rights The Constitution The Bill of Rights - First Amendment - Second Amendment - Third Amendment - Fourth Amendment - Fifth Amendment - Sixth Amendment - Seventh Amendment - Eighth Amendment - Ninth Amendment - Tenth Amendment - Other Amendments - Thirteenth Amendment - Fourteenth Amendment - Standard of Review - Incorporation of the Bill of Rights in the Fourteenth Amendment Judicial Review - Marbury v. Madison The Process of Amending the Constitution 4. FEDERAL AND STATE COURTS Jurisdiction The Federal Courts - District Courts - Courts of Appeals - Supreme Court The State Courts Overview of the Criminal Process - Pretrial Proceedings The Jury and Its Selection - Jury Selection - The Trial - Sentencing - Appeals Court Actors - Judges - Prosecutors - Defense Attorneys 5. CRIME AND CRIMINAL LAW What Is Crime? Sources of Criminal Law Limitations on Criminal Law Elements of Criminal Liability - Common Elements of Criminal Offenses Liability Without Fault Inchoate Crimes - Attempt - Solicitation - Conspiracy - Parties to Crime Defenses to Criminal Liability - Justification Defenses - Excuse Defenses Procedural Defenses: Entrapment Crimes Against the Person - Murder - Forcible Rape - Aggravated Assault - Robbery Crimes Against Property - Arson - Burglary - Larceny/Theft Crimes Against Public Order and Morality 6. CRIMINAL PROCEDURE Purpose of Criminal Procedure Law Sources of Criminal Procedure Law Search and Seizure Law and the Fourth Amendment - The Warrant and Reasonableness Clauses - Probable Cause Arrest - When an Officer May Arrest - Manner of Arrest - Types of Seizures Searches - Reasonable Expectation of Privacy - Exceptions to the Search Warrant Requirement Right to the Assistance of Counsel Right to Counsel During Interrogations and Pretrial Identification Procedures - Custody - Interrogation - Circumstances in Which Miranda Is Not Required - Extension and Application of the Miranda Warnings - Pretrial Identification Procedures The Confrontation of Witnesses Clause The Right to Compulsory Process Clause The Exclusionary Rule Advancing Toward the Exclusionary Rule - Curtailing the Exclusionary Rule 7. CIVIL AND ADMINISTRATIVE LAW Differentiating Criminal and Civil Law Tort Law - Tort Categories - Defenses to Liability - Tort Reform Property Law - Interests in Real Property - Interests in Personal Property Contract Law Elements of a Valid Contract Family Law - Who May Marry Whom? - The Supreme Court and the Right to Marry - Common Law Marriage - Divorce and Annulment - Dividing Property, Child Custody, and Spousal Support Administrative and Regulatory Law - Origins and Growth of Administrative Agencies - Legislative Function of Administrative Agencies - Investigatory and Enforcement Function of Administrative Agencies - Judicial Function of Administrative Agencies - Environmental Justice - Administrative Law and Corporate Crime - Recent Responses to Corporate Crime 8. JUVENILE JUSTICE What Is Juvenile Delinquency? The Extent of Delinquency Developmental Factors and Juvenile Delinquency History and Philosophy of Juvenile Justice - Institutional Control - Childhood in the United States - The Child Savers - The Beginning of the Juvenile Courts Juvenile Waiver to Criminal Court Extending Due Process to Juveniles Kent v. United States In Re Gault In Re Winship McKeiver v. Pennsylvania Breed v. Jones Schall v. Martin The Juvenile Death Penalty Eroding the Distinction Between Adult and Juvenile Court Systems Restorative Justice 9. THE LAW AND SOCIAL CONTROL What Is Social Control? A Typology of Social Control The Law as a Social Control Mechanism - Punishment and Deterrence - Other Philosophies of Punishment - Black's Styles of Social Control Social Control and the Criminal Justice System Is the United States Soft on Crime? Plea Bargaining - The Death Penalty Debate - Arguments Against the Death Penalty Arguments Favoring the Death Penalty The Law and Social Control of Political Dissent Therapeutic Social Control: Law and Psychiatry "No Taxation Without Representation!": A Case of Judicial Social Control 10. THE LIMITS OF SOCIAL CONTROL What Is a Vice Crime? Homosexuality and Sodomy Prostitution and Commercialized Vice - Should Prostitution Be Decriminalized/Legalized? Pornography/Obscenity Abortion Alcohol and Illicit Drugs - Taming the Beast in the Bottle - Illicit Drugs 11. THE LAW AND SOCIAL CHANGE What Is Social Change? The Law as a Cause of Social Change Social Movements, the Law, and Social Change British Law and the American Revolution Law and Social Engineering in the Former Soviet Union - Law and the Destruction and Reconstruction of the Soviet Family The United States Supreme Court and Social Change - Dynamic and Constrained Views of the Supreme Court's Power - The Legitimacy Basis of the Court's Power - Strict Constructionism The Supreme Court's Role in Maintaining the Status Quo - The Fourteenth Amendment and Business Interests The Supreme Court's Role in Inducing Social Change - Bringing the Country Together Through Case Law - The Activism of the Warren and Burger Courts 12. WOMEN AND THE LAW (by Mary K. Stohr) Feminist Legal Theory Women and Law in History: The Birth of Misogyny and Other Triumphs The Relative Value of Citizens: The Struggle for Women's Suffrage Woman as Human and Person Rape and Other Misogynous Atrocities Women's Work and Other Legal Matters The UNCEFDW and the Equal Rights Amendment Women's Representation in the Legal Profession The Bias Studies Law, Equality, and Justice Building Understanding 13. RACIAL MINORITIES AND THE LAW African Americans - Slavery and the Law - The Amistad Case - The Dred Scott Case - Emancipation and the Reconstruction Period - The Emergence of Jim Crow Laws - Segregation, Disenfranchisement, and the Plessy and Williams Cases - Lynching and Black Protest - "We Shall Overcome" - Congressional Activity - The Cold War and International Pressure - How Far Have We Come? American Indians - The Early Years - The Marshall Trilogy: Defining Indian Status - The Period of Removal and Physical Genocide - The Assimilation Period and Cultural Genocide - The Beginning of the End of Cultural Genocide (With a Few Backward Steps) - How Far Have We Come? Asian Americans - Asian Americans Today Race, Law, and Conflict Is Today's Criminal Justice System Racist? 14. COMPARATIVE LAW: LAW IN OTHER CULTURES Law in Preliterate Bands and Tribes Law in the Modern World: The Four Traditions - Common Law - Civil Law - Socialist Law - Islamic Law The Four Traditions and the Rule of Law The Convergence of Systems APPENDIX A: Constitution of the United States of America APPENDIX B: Student-Friendly Legal Web Sites GLOSSARY TABLE OF CASES INDEX