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Law And Society,9780131928442
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Law And Society

by
Edition:
9th
ISBN13:

9780131928442

ISBN10:
0131928449
Media:
Paperback
Pub. Date:
1/1/2009
Publisher(s):
Prentice Hall
List Price: $108.20
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Summary

This highly readable and comprehensive book offers a balanced, current and comprehensive overview of the legal system; and administrative, criminal and civil law in a cross-cultural context. It considers the most recent theories and research findings, and emphasizes developing and emerging 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. For individuals interested in the law, criminal justice, and political science.

Table of Contents

PREFACE xi
1 INTRODUCTION 1(37)
Overview
2(6)
Definitions 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(2)
Paradigms of Society
23(3)
The Consensus Perspective
23(1)
The Conflict Perspective
24(2)
Options for Sociologists
26(2)
Summary
28(1)
Suggested Further Readings
29(2)
References
31(7)
2 THEORETICAL PERSPECTIVES 38(48)
The Evolution of Legal Systems
39(6)
Primitive Legal Systems
41(1)
Transitional Legal Systems
42(2)
Modern Legal Systems
44(1)
Theories of Law and Society
45(17)
The European Pioneers
46(4)
Classical Sociological Theorists
50(4)
Sociolegal Theorists
54(4)
Contemporary Law and Society Theorists
58(4)
Current Intellectual Movements in Law
62(12)
The Functionalist Approach
63(2)
Conflict and Marxist Approaches
65(2)
Critical Legal Studies Movement
67(2)
Feminist Legal Theory
69(3)
Critical Race Theory
72(2)
Summary
74(2)
Suggested Further Readings
76(2)
References
78(8)
3 THE ORGANIZATION OF LAW 86(71)
Courts
86(30)
Dispute Categories
87(2)
The Organization of Courts
89(2)
Participants in Court Processes
91(17)
The Flow of Litigation
108(8)
Legislatures
116(7)
The Organization of Legislatures
117(1)
Participants in the Legislative Process
118(5)
Administrative Agencies
123(7)
The Organization of Administrative Agencies
125(2)
The Administrative Process
127(3)
Law Enforcement Agencies
130(12)
The Organization of Law Enforcement Agencies
135(4)
Police Discretion
139(3)
Summary
142(2)
Suggested Further Readings
144(2)
References
146(11)
4 LAWMAKING 157(40)
Perspectives on Lawmaking
157(3)
Legislation
160(2)
Administrative Lawmaking
162(3)
Administrative Rulemaking
163(1)
Administrative Adjudication
164(1)
Judicial Lawmaking
165(5)
Lawmaking by Precedents
167(1)
The Interpretation of Statutes
168(1)
The Interpretation of Constitutions
169(1)
Influences on the Lawmaking Process
170(8)
Interest Groups
170(3)
Public Opinion
173(3)
Lawmaking and Social Science
176(2)
Sources of Impetus for Law
178(11)
Detached Scholarly Diagnosis
179(1)
A Voice from the Wilderness
180(2)
Protest Activity
182(1)
Social Movements
183(1)
Public Interest Groups
184(2)
The Mass Media
186(3)
Summary
189(1)
Suggested Further Readings
190(1)
References
191(6)
5 LAW AND SOCIAL CONTROL 197(62)
Informal Social Controls
198(3)
Formal Social Controls
201(16)
Criminal Sanctions
202(5)
Discord over the Death Penalty
207(7)
Civil Commitment
214(3)
Crimes Without Victims
217(13)
Drug Addiction
218(5)
Prostitution
223(2)
Gambling
225(5)
White-Collar Crime
230(5)
Social Control of Dissent
235(4)
Administrative Law and Social Control
239(4)
Licensing
240(2)
Inspection
242(1)
Threat of Publicity
242(1)
Summary
243(2)
Suggested Further Readings
245(3)
References
248(11)
6 LAW AND DISPUTE RESOLUTION 259(58)
A Note on Terminology
259(2)
Methods of Dispute Resolution
261(10)
Primary Resolution Processes
264(4)
Hybrid Resolution Processes
268(3)
Demands for Court Services in Dispute Resolution
271(12)
Variations in Litigation Rates
277(6)
Prerequisites for the Use of Courts in Dispute Resolution
283(2)
Typology of Litigants
285(2)
Disputes Between Individuals
287(5)
Disputes Between Individuals and Organizations
292(9)
Law as a Method of Dispute Resolution in Academe
294(5)
The Courts as Collection Agencies
299(2)
Disputes Between Organizations
301(4)
Public-Interest Law Firms in Environmental Disputes
303(2)
Summary
305(2)
Suggested Further Readings
307(2)
References
309(8)
7 LAW AND SOCIAL CHANGE 317(37)
Reciprocity Between Law and Social Change
318(2)
Social Changes as Causes of Legal Changes
320(2)
Law as an Instrument of Social Change
322(6)
The Efficacy of Law as an Instrument of Social Change
326(2)
Advantages of Law in Creating Social Change
328(5)
Legitimate Authority
328(2)
The Binding Force of Law
330(2)
Sanctions
332(1)
Limitations of Law in Creating Social Change
333(6)
Law as a Policy Instrument
335(1)
Morality and Values
336(3)
Resistance to Change
339(8)
Social Factors
340(2)
Psychological Factors
342(3)
Cultural Factors
345(1)
Economic Factors
346(1)
Summary
347(1)
Suggested Further Readings
348(1)
References
349(5)
8 THE LEGAL PROFESSION 354(69)
Background
354(1)
The Professionalization of Lawyers
355(4)
The Evolution of the American Legal Profession
359(5)
The Profession Today
364(4)
Where the Lawyers Are
368(8)
Private Practice
369(4)
Government
373(1)
Private Employment
374(1)
Judiciary
375(1)
Lawyers and Money
376(7)
Competition for Business
383(4)
Legal Services for the Poor and Not So Poor
387(5)
Law Schools
392(9)
Socialization into the Profession
398(3)
Bar Admission
401(3)
Bar Associations as Interest Groups
404(2)
Professional Discipline
406(4)
Summary
410(3)
Suggested Further Readings
413(2)
References
415(8)
9 RESEARCHING LAW IN SOCIETY 423(30)
Methods of Inquiry
423(11)
Historical Methods
425(2)
Observational Methods
427(2)
Experimental Methods
429(3)
Survey Methods
432(2)
The Impact of Sociology on Social Policy
434(6)
Contributions of Sociology to Policy Recommendations
435(4)
Contributions of Sociology to Enacted Policy
439(1)
Evaluation Research and Impact Studies
440(6)
Summary
446(1)
Suggested Further Readings
447(1)
References
448(5)
Index 453


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