This text introduces students to the study of law from a sociological perspective by focusing on four themes: the relationship between law and society; law in everyday life; the role of race, class and gender in the legal system; and current political debates that are connected to law. While explaining the essentials elements of law, and drawing on scholarly literature and relevant cases, the author does not advocate for normative views on law and the legal system. The text compares laws across various societies, discusses international law, and demonstrates how the laws of certain countries affect those of others–providing readers with insights into the nature of law within any society.
Inhoudsopgave
Preface
Opening Thoughts
Acknowledgments
List of Reviewers
About the Author
Chapter 1. Law and Society: An Overview
Introduction
From Savagery to Civilization: A Brief Overview
What Is Law?
What Is Sociology?
The Norm Continuum
Cooperation and Conflict
Law and Everyday Life
Critical Analyses of Law
Social Justice and Constitutionalism
Conclusion
Notes
Chapter 2. Fundamentals of Law and Society
Introduction
Substantive and Procedural Law
Private and Public Law
Common Law
Trifles
Jurisprudence
Sociolegal Thinkers
Notes
Chapter 3. Sociologists of Law: Classical and Contemporary
Introduction
Contemporary Sociologists of Law
Notes
Chapter 4. Criminal Law
Introduction
Burden of Proof
Presumption of Innocence
Mens Rea and Actus Reus
Legal Defenses: Exemptions, Justifications, and Excuses
The System of Federalism
Eighteenth Amendment: The Criminalization of Drinking
The Case of Hate Crimes
Factors in Crime Reporting
Notes
Chapter 5. Civil Law
Introduction
Obligations
More on Due Process
The Seventh Amendment
Notes
Chapter 6. Administrative Law
Introduction
The Rivalry Between Administration and Law
Nondelegation
Independent Regulatory Agencies
The EPA and the Clean Air Act
The Process of Environmental Regulation
Who Are the Administrators?
The Regulatory Trilemma
Notes
Chapter 7. Law and Social Control
Introduction
Class Domination
Subtypes Within Legal Control
Social Control: Three Basic Forms
The Sanction Continuum
More on Legal Control
Collegial Formations and Authoritarian Drift
Conclusion
Notes
Chapter 8. Hunting and Forest Laws
Introduction
Forests: A Brief History
Law and Public Policy
Forest Fires and Forest Policy
Radical Environmentalism
Notes
Chapter 9. Are Judges Biased?
Introduction
Research Evidence on the Question of Judicial Independence
Justice Stevens and Six Constitutional Amendments
Notes
Chapter 10. Law School and the Legal Profession
Introduction
Historical Antecedents to the Law School
The Idea of a Profession
Applying to Law School
The Goals of Law Schools
Passing the Bar
The Changing Composition of Law School
Professional Ethics
First-Year Law Training: The Socratic Method
Conclusion
Notes
List of Legal Cases
References
Index
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