Law and Society: An Introduction

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  • Edition: 1st
  • Format: Nonspecific Binding
  • Copyright: 2008-02-07
  • Publisher: Routledge

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Theoretical Approach:Multidisciplinary - anthropology, political science, sociology, psychology, history, etc. Key Features: Social Science perspectiveon law and legal system Examines both how law and legal system works and how it is supposed to work Current topics examined

Author Biography

Steven E. Barkan is professor of sociology at the University of Maine, where he has taught since 1979. His teaching and research interests include criminology, sociology of law, and social movements. He is the 2008-2009 president of the Society for the Study of Social Problems and had previously served as a member of the SSSP Board of Directors, as chair of its Law and Society Division and Editorial and Publications Committee, and as an advisory editor of its journal,Social Problems. He has served on the student paper award committees of the Crime, Law, and Deviance and Sociology of Law sections of the American Sociological Association. Professor Barkan has written many journal articles dealing with topics such as racial prejudice and death penalty attitudes, views on police brutality, political trials, and feminist activism. These articles have appeared in the American Sociological Review, Journal for the Scientific Study of Religion, Journal of Crime and Justice, Journal of Research in Crime and Delinquency, Justice Quarterly, Social Forces, Social Problems, Sociological Forum, Sociological Inquiry, and other journals. For Prentice Hall, he is the author of Criminology: A Sociological Understanding, 4/e and of Law and Society: An Introduction (both coming out in early 2008).

Professor Barkan welcomes comments from students and faculty about these books. They may email him at barkan@maine.edu or send regular mail to:  Department of Sociology, 5728 Fernald Hall, University of Maine, Orono, Maine 04469—5728.

Table of Contents

Prefacep. vii
The Social Nature and Significance of Lawp. 1
The Significance of Law for Society and for Ourselvesp. 3
The Social Functions of Lawp. 4
The Dysfunctions of Lawp. 6
The Study of Law and Societyp. 7
Traditional and Social Science Views of Lawp. 7
Assumptions in the Study of Law and Societyp. 9
What Does Law and Society Study?p. 10
Law and Justicep. 12
The Case of the Speluncean Explorersp. 14
Law and Logic in Tumultuous Timesp. 17
The Plan of the Bookp. 18
Summaryp. 19
Key Termsp. 20
Understanding Law and Societyp. 21
What Is Law?p. 21
Selected Definitions of Lawp. 23
Definitions of Law and the Existence of Lawp. 27
Explanations of Lawp. 30
Early Approachesp. 30
Contemporary Perspectivesp. 42
Summaryp. 51
Key Termsp. 54
Families and Types of Lawp. 55
Families of Lawp. 55
Common Lawp. 56
Civil Lawp. 60
Theocratic Lawp. 64
Socialist Lawp. 68
Traditional Lawp. 70
Types of Law in the United Statesp. 71
Criminal Lawp. 71
Civil Lawp. 75
Executive Ordersp. 77
Administrative Lawp. 78
Other Distinctionsp. 80
Special Topicsp. 82
Military Law and Military Justicep. 82
Native American Lawp. 84
International Lawp. 85
Summaryp. 88
Key Termsp. 91
Law and Dispute Processingp. 92
The Disputing Processp. 93
Stages in the Disputing Processp. 94
Methods of Dispute Processingp. 95
Explaining Dispute Processing Decisionsp. 104
Societal Factorsp. 104
Individual Factorsp. 110
Dispute Processing in the United Statesp. 112
Dispute Processing and Litigiousness: Then and Nowp. 113
Legal Consciousness and Going (or Not Going) to Courtp. 117
The Litigation Crisis Controversyp. 123
Alternative Dispute Resolution (ADR)p. 128
Summaryp. 131
Key Termsp. 133
Law and Social Controlp. 134
Law, Deterrence, and Incapacitationp. 136
Deterrence: Conceptual Considerationsp. 137
Research on Deterrencep. 142
The Issue of Incapacitationp. 146
Law, Morality, and Consensual Crimep. 149
Philosophical Considerationsp. 150
Social Science Considerationsp. 154
Repealing Consensual Crime Laws?p. 156
Special Topics in Law and Social Controlp. 158
The Death Penalty Controversyp. 158
White-Collar Crimep. 162
Summaryp. 164
Key Termsp. 167
Law and Social Changep. 168
The Impact of Social Change on Law: Law as Dependent Variablep. 170
Social Change and Fundamental Legal Changep. 170
Social Change and Specific Legal Developmentsp. 178
The Impact of Law on Social Change: Law as Independent Variablep. 190
Aspects of the Law to Social Change Relationshipp. 191
The Limits of Law as a Social Change Vehiclep. 193
Problems in Assessing Legal Impactp. 195
Conditions That Maximize the Potential Impact of Legal Changep. 197
Law and Social Movementsp. 199
Use of Law by Social Movementsp. 199
Use of Law Against Social Movementsp. 204
Summaryp. 206
Key Termsp. 208
Law and Inequalityp. 209
Law and Inequality in the American Pastp. 210
Social Classp. 210
Race and Ethnicityp. 214
Genderp. 218
Contemporary Evidencep. 221
Social Classp. 221
Race and Ethnicityp. 226
Genderp. 231
Summaryp. 234
Key Termsp. 236
The Legal Professionp. 237
Images and Perceptions of Lawyersp. 238
Reasons for the Negative Imagep. 238
The Positive Image: Lawyer as Herop. 240
History of the Legal Professionp. 241
Early Origins of Lawyersp. 241
Origin and Development of the American Legal Professionp. 242
The U.S. Legal Profession Todayp. 245
Growth and Demographics of the Legal Professionp. 245
The Stratification and Social Organization of the Barp. 247
Cause Lawyeringp. 251
Women in the Lawp. 253
Legal Ethics and Corruptionp. 255
Satisfaction with Legal Careersp. 257
Law School and Legal Educationp. 258
The Growth of the American Law Schoolp. 258
Critique and Defense of Legal Education Todayp. 261
Summaryp. 263
Key Termsp. 266
Courts and Juriesp. 267
Criminal Courts in the United Statesp. 267
Understanding the Criminal Courtp. 268
Normal Crimes and the Courtroom Workgroupp. 270
Plea Bargaining: Evil, Necessary Evil, or Not Evil?p. 273
The Jury in Democratic Societyp. 276
History of the Juryp. 277
How Well Does the Jury Perform?p. 280
The Issue of Jury Nullificationp. 283
Summaryp. 285
Key Termsp. 288
Referencesp. 289
Glossaryp. 317
Indexp. 323
Table of Contents provided by Ingram. All Rights Reserved.

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