Law and Society

by Vago, Steven

• ISBN13: 9780130979582
• ISBN10: 0130979589
• Edition: 7th
• Format: Hardcover
• Copyright: 2003-01-01
• Publisher: Prentice Hall

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