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Preface | |
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The Social Nature and Significance of Law | |
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The Significance of Law for Society and for Ourselves | |
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The Social Functions of Law | |
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The Dysfunctions of Law | |
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The Study of Law and Society | |
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Traditional and Social Science Views of Law | |
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Assumptions in the Study of Law and Society | |
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What Does Law and Society Study? | |
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Law and Justice | |
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The Case of the Speluncean Explorers | |
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Law and Logic in Tumultuous Times | |
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The Plan of the Book | |
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Summary | |
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Key Terms | |
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Understanding Law and Society | |
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What Is Law? | |
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Selected Definitions of Law | |
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Definitions of Law and the Existence of Law | |
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Explanations of Law | |
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Early Approaches | |
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Contemporary Perspectives | |
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Summary | |
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Key Terms | |
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Families and Types of Law | |
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Families of Law | |
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Common Law | |
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Civil Law | |
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Theocratic Law | |
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Socialist Law | |
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Traditional Law | |
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Types of Law in the United States | |
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Criminal Law | |
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Civil Law | |
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Executive Orders | |
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Administrative Law | |
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Other Distinctions | |
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Special Topics | |
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Military Law and Military Justice | |
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Native American Law | |
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International Law | |
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Summary | |
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Key Terms | |
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Law and Dispute Processing | |
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The Disputing Process | |
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Stages in the Disputing Process | |
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Methods of Dispute Processing | |
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Explaining Dispute Processing Decisions | |
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Societal Factors | |
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Individual Factors | |
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Dispute Processing in the United States | |
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Dispute Processing and Litigiousness: Then and Now | |
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Legal Consciousness and Going (or Not Going) to Court | |
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The Litigation Crisis Controversy | |
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Alternative Dispute Resolution (ADR) | |
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Summary | |
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Key Terms | |
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Law and Social Control | |
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Law, Deterrence, and Incapacitation | |
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Deterrence: Conceptual Considerations | |
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Research on Deterrence | |
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The Issue of Incapacitation | |
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Law, Morality, and Consensual Crime | |
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Philosophical Considerations | |
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Social Science Considerations | |
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Repealing Consensual Crime Laws? | |
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Special Topics in Law and Social Control | |
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The Death Penalty Controversy | |
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White-Collar Crime | |
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Summary | |
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Key Terms | |
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Law and Social Change | |
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The Impact of Social Change on Law: Law as Dependent Variable | |
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Social Change and Fundamental Legal Change | |
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Social Change and Specific Legal Developments | |
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The Impact of Law on Social Change: Law as Independent Variable | |
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Aspects of the Law to Social Change Relationship | |
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The Limits of Law as a Social Change Vehicle | |
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Problems in Assessing Legal Impact | |
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Conditions That Maximize the Potential Impact of Legal Change | |
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Law and Social Movements | |
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Use of Law by Social Movements | |
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Use of Law Against Social Movements | |
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Summary | |
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Key Terms | |
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Law and Inequality | |
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Law and Inequality in the American Past | |
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Social Class | |
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Race and Ethnicity | |
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Gender | |
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Contemporary Evidence | |
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Social Class | |
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Race and Ethnicity | |
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Gender | |
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Summary | |
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Key Terms | |
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The Legal Profession | |
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Images and Perceptions of Lawyers | |
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Reasons for the Negative Image | |
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The Positive Image: Lawyer as Hero | |
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History of the Legal Profession | |
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Early Origins of Lawyers | |
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Origin and Development of the American Legal Profession | |
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The U.S. Legal Profession Today | |
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Growth and Demographics of the Legal Profession | |
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The Stratification and Social Organization of the Bar | |
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Cause Lawyering | |
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Women in the Law | |
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Legal Ethics and Corruption | |
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Satisfaction with Legal Careers | |
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Law School and Legal Education | |
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The Growth of the American Law School | |
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Critique and Defense of Legal Education Today | |
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Summary | |
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Key Terms | |
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Courts and Juries | |
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Criminal Courts in the United States | |
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Understanding the Criminal Court | |
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Normal Crimes and the Courtroom Workgroup | |
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Plea Bargaining: Evil, Necessary Evil, or Not Evil? | |
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The Jury in Democratic Society | |
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History of the Jury | |
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How Well Does the Jury Perform? | |
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The Issue of Jury Nullification | |
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Summary | |
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Key Terms | |
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References | |
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Glossary | |
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Index | |