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Preface | p. vii |
The Social Nature and Significance of Law | p. 1 |
The Significance of Law for Society and for Ourselves | p. 3 |
The Social Functions of Law | p. 4 |
The Dysfunctions of Law | p. 6 |
The Study of Law and Society | p. 7 |
Traditional and Social Science Views of Law | p. 7 |
Assumptions in the Study of Law and Society | p. 9 |
What Does Law and Society Study? | p. 10 |
Law and Justice | p. 12 |
The Case of the Speluncean Explorers | p. 14 |
Law and Logic in Tumultuous Times | p. 17 |
The Plan of the Book | p. 18 |
Summary | p. 19 |
Key Terms | p. 20 |
Understanding Law and Society | p. 21 |
What Is Law? | p. 21 |
Selected Definitions of Law | p. 23 |
Definitions of Law and the Existence of Law | p. 27 |
Explanations of Law | p. 30 |
Early Approaches | p. 30 |
Contemporary Perspectives | p. 42 |
Summary | p. 51 |
Key Terms | p. 54 |
Families and Types of Law | p. 55 |
Families of Law | p. 55 |
Common Law | p. 56 |
Civil Law | p. 60 |
Theocratic Law | p. 64 |
Socialist Law | p. 68 |
Traditional Law | p. 70 |
Types of Law in the United States | p. 71 |
Criminal Law | p. 71 |
Civil Law | p. 75 |
Executive Orders | p. 77 |
Administrative Law | p. 78 |
Other Distinctions | p. 80 |
Special Topics | p. 82 |
Military Law and Military Justice | p. 82 |
Native American Law | p. 84 |
International Law | p. 85 |
Summary | p. 88 |
Key Terms | p. 91 |
Law and Dispute Processing | p. 92 |
The Disputing Process | p. 93 |
Stages in the Disputing Process | p. 94 |
Methods of Dispute Processing | p. 95 |
Explaining Dispute Processing Decisions | p. 104 |
Societal Factors | p. 104 |
Individual Factors | p. 110 |
Dispute Processing in the United States | p. 112 |
Dispute Processing and Litigiousness: Then and Now | p. 113 |
Legal Consciousness and Going (or Not Going) to Court | p. 117 |
The Litigation Crisis Controversy | p. 123 |
Alternative Dispute Resolution (ADR) | p. 128 |
Summary | p. 131 |
Key Terms | p. 133 |
Law and Social Control | p. 134 |
Law, Deterrence, and Incapacitation | p. 136 |
Deterrence: Conceptual Considerations | p. 137 |
Research on Deterrence | p. 142 |
The Issue of Incapacitation | p. 146 |
Law, Morality, and Consensual Crime | p. 149 |
Philosophical Considerations | p. 150 |
Social Science Considerations | p. 154 |
Repealing Consensual Crime Laws? | p. 156 |
Special Topics in Law and Social Control | p. 158 |
The Death Penalty Controversy | p. 158 |
White-Collar Crime | p. 162 |
Summary | p. 164 |
Key Terms | p. 167 |
Law and Social Change | p. 168 |
The Impact of Social Change on Law: Law as Dependent Variable | p. 170 |
Social Change and Fundamental Legal Change | p. 170 |
Social Change and Specific Legal Developments | p. 178 |
The Impact of Law on Social Change: Law as Independent Variable | p. 190 |
Aspects of the Law to Social Change Relationship | p. 191 |
The Limits of Law as a Social Change Vehicle | p. 193 |
Problems in Assessing Legal Impact | p. 195 |
Conditions That Maximize the Potential Impact of Legal Change | p. 197 |
Law and Social Movements | p. 199 |
Use of Law by Social Movements | p. 199 |
Use of Law Against Social Movements | p. 204 |
Summary | p. 206 |
Key Terms | p. 208 |
Law and Inequality | p. 209 |
Law and Inequality in the American Past | p. 210 |
Social Class | p. 210 |
Race and Ethnicity | p. 214 |
Gender | p. 218 |
Contemporary Evidence | p. 221 |
Social Class | p. 221 |
Race and Ethnicity | p. 226 |
Gender | p. 231 |
Summary | p. 234 |
Key Terms | p. 236 |
The Legal Profession | p. 237 |
Images and Perceptions of Lawyers | p. 238 |
Reasons for the Negative Image | p. 238 |
The Positive Image: Lawyer as Hero | p. 240 |
History of the Legal Profession | p. 241 |
Early Origins of Lawyers | p. 241 |
Origin and Development of the American Legal Profession | p. 242 |
The U.S. Legal Profession Today | p. 245 |
Growth and Demographics of the Legal Profession | p. 245 |
The Stratification and Social Organization of the Bar | p. 247 |
Cause Lawyering | p. 251 |
Women in the Law | p. 253 |
Legal Ethics and Corruption | p. 255 |
Satisfaction with Legal Careers | p. 257 |
Law School and Legal Education | p. 258 |
The Growth of the American Law School | p. 258 |
Critique and Defense of Legal Education Today | p. 261 |
Summary | p. 263 |
Key Terms | p. 266 |
Courts and Juries | p. 267 |
Criminal Courts in the United States | p. 267 |
Understanding the Criminal Court | p. 268 |
Normal Crimes and the Courtroom Workgroup | p. 270 |
Plea Bargaining: Evil, Necessary Evil, or Not Evil? | p. 273 |
The Jury in Democratic Society | p. 276 |
History of the Jury | p. 277 |
How Well Does the Jury Perform? | p. 280 |
The Issue of Jury Nullification | p. 283 |
Summary | p. 285 |
Key Terms | p. 288 |
References | p. 289 |
Glossary | p. 317 |
Index | p. 323 |
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The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.