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Law and Society,9780130979582
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Law and Society

by
Edition:
7th
ISBN13:

9780130979582

ISBN10:
0130979589
Format:
Hardcover
Pub. Date:
1/1/2003
Publisher(s):
Prentice Hall

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Summary

This informative, highly readable and comprehensive book offers a balanced, current and comprehensive overview of the legal system and administrative, criminal and civil law in cross-cultural context. The book considers the most recent theories and research findings, and emphasizes developing trends. It focuses on the evolution of modern legal systems, current intellectual movements in law, interplay between law and social change and the main concerns and issues in the profession and practice of law. This is the only book that considers multicultural and cross-cultural issues in a contemporary context with an interdisciplinary emphasis. Extensive new material includes detailed and up-to-date discussions on the transformation of legal systems in Central and Eastern Europe and the former Soviet Union and some of the unintended consequences which promoted organized crime; critical race theory; community policing in Japan; trends in sentencing guidelines; and a variety of new developments in alternative dispute resolution and in the death penalty controversy. For anyone with an interest in law and society.

Table of Contents

Preface xi
Introduction
1(35)
Overview
2(6)
Conceptualizations of Law
8(3)
Types of Law
11(1)
Major Legal Systems
12(6)
Romano-Germanic System
13(1)
Common-Law System
13(1)
Socialist Legal System
13(4)
Islamic Legal System
17(1)
Functions of Law
18(3)
Social Control
19(1)
Dispute Settlement
20(1)
Social Change
20(1)
Dysfunctions of Law
21(1)
Paradigms of Society
22(4)
The Consensus Perspective
23(1)
The Conflict Perspective
24(2)
Options for Sociologists
26(2)
Summary
28(1)
Suggested Further Readings
29(1)
References
30(6)
Theoretical Perspectives
36(46)
Evolution of Legal Systems
37(6)
Primitive Legal Systems
39(1)
Transitional Legal Systems
40(2)
Modern Legal Systems
42(1)
Theories of Law and Society
43(17)
The European Pioneers
44(4)
Classical Sociological Theorists
48(4)
Sociolegal Theorists
52(4)
Contemporary Law and Society Theorists
56(4)
Current Intellectual Movements in Law
60(12)
The Functionalist Approach
61(2)
Conflict and Marxist Approaches
63(2)
Critical Legal Studies Movement
65(2)
Feminist Legal Theory
67(4)
Critical Race Theory
71(1)
Summary
72(2)
Suggested Further Readings
74(2)
References
76(6)
The Organization of Law
82(70)
Courts
82(30)
Dispute Categories
83(2)
The Organization of Courts
85(2)
Participants in Court Processes
87(18)
The Flow of Litigation
105(7)
Civil Proceedings
112(1)
Legislatures
112(8)
The Organization of Legislatures
114(1)
Participants in the Legislative Process
115(5)
Administrative Agencies
120(7)
The Organization of Administrative Agencies
122(2)
The Administrative Process
124(3)
Law Enforcement Agencies
127(12)
The Organization of Law Enforcement Agencies
132(4)
Police Discretion
136(3)
Summary
139(2)
Suggested Further Readings
141(2)
References
143(9)
Lawmaking
152(39)
Perspectives on Lawmaking
152(3)
Legislation
155(2)
Administrative Lawmaking
157(3)
Administrative Rulemaking
158(1)
Administrative Adjudication
159(1)
Judicial Lawmaking
160(5)
Lawmaking by Precedents
162(1)
The Interpretation of Statutes
163(1)
The Interpretation of Constitutions
164(1)
Influences on the Lawmaking process
165(8)
Interest Groups
165(3)
Public Opinion
168(3)
Lawmaking and Social Science
171(2)
Sources of Impetus for Law
173(11)
Detached Scholarly Diagnosis
174(1)
A Voice from the Wilderness
175(2)
Protest Activity
177(1)
Social Movements
178(1)
Public Interest Groups
179(2)
The Mass Media
181(3)
Summary
184(1)
Suggested Further Readings
185(1)
References
186(5)
Law and Social Control
191(56)
Informal Social Controls
192(3)
Formal Social Controls
195(14)
Criminal Sanctions
196(4)
Discord over the Death Penalty
200(7)
Civil Commitment
207(2)
Crimes Without Victims
209(12)
Drug Addiction
211(4)
Prostitution
215(2)
Gambling
217(4)
White-Collar Crime
221(5)
Social Control of Dissent
226(5)
Administrative Law and Social Control
231(4)
Licensing
232(1)
Inspection
233(1)
Threat of Publicity
234(1)
Summary
235(1)
Suggested Further Readings
236(2)
References
238(9)
Law and Dispute Resolution
247(55)
A Note on Terminology
247(2)
Methods of Dispute Resolution
249(10)
Primary Resolution Processes
252(4)
Hybrid Resolution Processes
256(3)
Demands for Court Services in Dispute Resolution
259(12)
Variations in Litigation Rates
264(7)
Prerequisites for the Use of Courts in Dispute Resolution
271(2)
A Typology of Litigants
273(1)
Disputes Between Individuals
274(5)
Disputes Between Individuals and Organizations
279(9)
Law as a Method of Dispute Resolution in Academe
281(4)
The Courts as Collection Agencies
285(3)
Disputes Between Organizations
288(4)
Public Interest Law Firms in Environmental Disputes
289(3)
Summary
292(1)
Suggested Further Readings
293(1)
References
294(8)
Law and Social Change
302(38)
Reciprocity Between Law and Social Change
303(2)
Social Changes as Causes of Legal Changes
305(2)
Law as an Instrument of Social Change
307(6)
The Efficacy of Law as an Instrument of Social Change
311(2)
Advantages of Law in Creating Social Change
313(6)
Legitimate Authority
314(2)
The Binding Force of Law
316(1)
Sanctions
317(2)
Limitations of Law in Creating Social Change
319(6)
Law as a Policy Instrument
321(1)
Morality and Values
322(3)
Resistance to Change
325(8)
Social Factors
326(2)
Psychological Factors
328(3)
Cultural Factors
331(1)
Economic Factors
332(1)
Summary
333(1)
Suggested Further Readings
334(1)
References
335(5)
The Legal Profession
340(64)
Background
340(1)
The Professionalization of Lawyers
341(4)
The Evolution of the American Legal Profession
345(6)
The Profession Today
351(2)
Where The Lawyers Are
353(8)
Private Practice
353(5)
Government
358(1)
Private Employment
359(1)
Judiciary
360(1)
Lawyers and Money
361(6)
Competition for Business
367(4)
Legal Services for the Poor and Not so Poor
371(4)
Law Schools
375(10)
Socialization into the Profession
381(4)
Bar Admission
385(2)
Bar Associations as Interest Groups
387(1)
Professional Discipline
388(4)
Summary
392(3)
Suggested Further Readings
395(1)
References
396(8)
Researching Law in Society
404(31)
Methods of Inquiry
404(11)
Historical Methods
406(2)
Observational Methods
408(2)
Experimental Methods
410(3)
Survey Methods
413(2)
The Impact of Sociology on Social Policy
415(7)
Contributions of Sociology to Policy Recommendations
417(3)
Contributions of Sociology to Enacted Policy
420(2)
Evaluation Research and Impact Studies
422(6)
Summary
428(1)
Suggested Further Readings
429(1)
References
430(5)
Index 435


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