| |
| |
Preface | |
| |
| |
| |
Introduction | |
| |
| |
Overview | |
| |
| |
Definitions of Law | |
| |
| |
Types of Law | |
| |
| |
Major Legal Systems | |
| |
| |
Romano-Germanic System | |
| |
| |
Common-Law System | |
| |
| |
Socialist Legal System | |
| |
| |
Islamic Legal System | |
| |
| |
Functions of Law | |
| |
| |
Social Control | |
| |
| |
Dispute Settlement | |
| |
| |
Social Change | |
| |
| |
Dysfunctions of Law | |
| |
| |
Paradigms of Society | |
| |
| |
The Consensus Perspective | |
| |
| |
The Conflict Perspective | |
| |
| |
Options for Sociologists | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
| |
Theoretical Perspectives | |
| |
| |
Evolution of Legal Systems | |
| |
| |
Primitive Legal Systems | |
| |
| |
Transitional Legal Systems | |
| |
| |
Modern Legal Systems | |
| |
| |
Theories of Law and Society | |
| |
| |
The European Pioneers | |
| |
| |
Classical Sociological Theorists | |
| |
| |
Sociolegal Theorists | |
| |
| |
Contemporary Law and Society Theorists | |
| |
| |
Current Intellectual Movements in Law | |
| |
| |
The Functionalist Approach | |
| |
| |
Conflict and Marxist Approaches | |
| |
| |
Critical Legal Studies Movement | |
| |
| |
Feminist Legal Theory | |
| |
| |
Critical Race Theory | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
| |
The Organization of Law | |
| |
| |
Courts | |
| |
| |
Dispute Categories | |
| |
| |
The Organization of Courts | |
| |
| |
Participants in Court Processes | |
| |
| |
The Flow of Litigation | |
| |
| |
Criminal Cases | |
| |
| |
Civil Proceedings | |
| |
| |
Legislatures | |
| |
| |
Conflict-Management Functions | |
| |
| |
Integrative Functions | |
| |
| |
The Organization of Legislatures | |
| |
| |
Participants in the Legislative Process | |
| |
| |
Administrative Agencies | |
| |
| |
The Organization of Administrative Agencies | |
| |
| |
The Administrative Process | |
| |
| |
Law Enforcement Agencies | |
| |
| |
The Organization of Law Enforcement Agencies | |
| |
| |
Police Discretion | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
| |
Lawmaking | |
| |
| |
Perspectives on Lawmaking | |
| |
| |
Legislation | |
| |
| |
Administrative Lawmaking | |
| |
| |
Administrative Rulemaking | |
| |
| |
Administrative Adjudication | |
| |
| |
Judicial Lawmaking | |
| |
| |
Lawmaking by Precedents | |
| |
| |
The Interpretation of Statutes | |
| |
| |
The Interpretation of Constitutions | |
| |
| |
Influences on the Lawmaking Process | |
| |
| |
Interest Groups | |
| |
| |
Public Opinion | |
| |
| |
Lawmaking and Social Science | |
| |
| |
Sources of Impetus for Law | |
| |
| |
Detached Scholarly Diagnosis | |
| |
| |
A Voice from the Wilderness | |
| |
| |
Protest Activity | |
| |
| |
Social Movements | |
| |
| |
Public-Interest Groups | |
| |
| |
The Mass Media | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
| |
Law and Social Control | |
| |
| |
Informal Social Controls | |
| |
| |
Formal Social Controls | |
| |
| |
Criminal Sanctions | |
| |
| |
Discord over the Death Penalty | |
| |
| |
Civil Commitment | |
| |
| |
Crimes Without Victims | |
| |
| |
Drug Addiction | |
| |
| |
Prostitution | |
| |
| |
Gambling | |
| |
| |
White-Collar Crime | |
| |
| |
Social Control of Dissent | |
| |
| |
Administrative Law and Social Control | |
| |
| |
Licensing | |
| |
| |
Inspection | |
| |
| |
Threat of Publicity | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
| |
Law and Dispute Resolution | |
| |
| |
A Note on Terminology | |
| |
| |
Methods of Dispute Resolution | |
| |
| |
Primary Resolution Processes | |
| |
| |
Hybrid Resolution Processes | |
| |
| |
Demands for Court Services in Dispute Resolution | |
| |
| |
Variations in Litigation Rates | |
| |
| |
Prerequisites for the Use of Courts in Dispute Resolution | |
| |
| |
A Typology of Litigants | |
| |
| |
Disputes Between Individuals | |
| |
| |
Disputes Between Individuals and Organizations | |
| |
| |
Law as a Method of Dispute Resolution in Academe | |
| |
| |
The Courts as Collection Agencies | |
| |
| |
Disputes Between Organizations | |
| |
| |
Public-Interest Law Firms in Environmental Disputes | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
| |
Law and Social Change | |
| |
| |
Reciprocity Between Law and Social Change | |
| |
| |
Social Changes as Causes of Legal Changes | |
| |
| |
Law as an Instrument of Social Change | |
| |
| |
The Efficacy of Law as an Instrument of Social Change | |
| |
| |
Advantages of Law in Creating Social Change | |
| |
| |
Legitimate Authority | |
| |
| |
The Binding Force of Law | |
| |
| |
Sanctions | |
| |
| |
Limitations of Law in Creating Social Change | |
| |
| |
Law as a Policy Instrument | |
| |
| |
Morality and Values | |
| |
| |
Resistance to Change | |
| |
| |
Social Factors | |
| |
| |
Psychological Factors | |
| |
| |
Cultural Factors | |
| |
| |
Economic Factors | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
| |
The Legal Profession | |
| |
| |
Background | |
| |
| |
The Professionalization of Lawyers | |
| |
| |
The Evolution of the American Legal Profession | |
| |
| |
The Profession Today | |
| |
| |
Where the Lawyers Are | |
| |
| |
Private Practice | |
| |
| |
Government | |
| |
| |
Private Employment | |
| |
| |
Judiciary | |
| |
| |
Lawyers and Money | |
| |
| |
Competition for Business | |
| |
| |
Legal Services for the Poor and the Not So Poor | |
| |
| |
Law Schools | |
| |
| |
Socialization into the Profession | |
| |
| |
Bar Admission | |
| |
| |
Bar Associations as Interest Groups | |
| |
| |
Professional Discipline | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
| |
Researching Law in Society | |
| |
| |
Methods of Inquiry | |
| |
| |
Historical Methods | |
| |
| |
Observational Methods | |
| |
| |
Experimental Methods | |
| |
| |
Survey Methods | |
| |
| |
The Impact of Sociology on Social Policy | |
| |
| |
Contributions of Sociology to Policy Recommendations | |
| |
| |
Contributions of Sociology to Enacted Policy | |
| |
| |
Evaluation Research and Impact Studies | |
| |
| |
Summary | |
| |
| |
Suggested Further Readings | |
| |
| |
References | |
| |
| |
Index | |