Law, Justice, and Society A Sociolegal Introduction

by Walsh, Anthony; Hemmens, Craig

• ISBN13: 9780199958535
• ISBN10: 019995853X
• Edition: 3rd
• Format: Paperback
• Copyright: 2013-06-07
• Publisher: Oxford University Press

Summary

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