| |
| |
| In this section | |
| |
| |
| |
| Brief Table of Contents | |
| |
| |
| |
| Comprehensive Table of Contents | |
| |
| |
| |
| Brief Table of Contents | |
| |
| |
| Preface | |
| |
| |
| |
| Introduction | |
| |
| |
| |
| Theoretical Perspectives | |
| |
| |
| |
| The Organization of Law | |
| |
| |
| |
| Lawmaking | |
| |
| |
| |
| Law and Social Control | |
| |
| |
| |
| Law and Dispute Resolution | |
| |
| |
| |
| Law and Social Change | |
| |
| |
| |
| The Legal Profession | |
| |
| |
| |
| Researching Law in Society | |
| |
| |
| |
| Comprehensive Table of Contents | |
| |
| |
| Preface | |
| |
| |
| |
| Introduction | |
| |
| |
| Overview | |
| |
| |
| Definitions of Law | |
| |
| |
| Types of Law | |
| |
| |
| Major Legal Systems | |
| |
| |
| Romano-Germanic System | |
| |
| |
| Common-Law System | |
| |
| |
| Socialist Legal System | |
| |
| |
| Islamic Legal System | |
| |
| |
| Principal 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 | |
| |
| |
| The 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 | |
| |
| |
| Legislatures | |
| |
| |
| 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 | |
| |
| |
| Law making 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 | |
| |
| |
| 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 | |
| |
| |
| Revenue Streams: Lawyers and Money | |
| |
| |
| Competition for Business | |
| |
| |
| Legal Services for the Poor and 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 | |