Full Description
An accessible and lively introduction to the field, Law, Justice, and Society: A Sociolegal Introduction, Fourth Edition, explores the relationship between legal systems and other social institutions using a distinctive sociological point of view. Authors Anthony Walsh and Craig Hemmens provide detailed discussions of the various ways in which law impacts people based on race, class, gender, and age while also introducing students to the origins of the law, the history and development of the American legal system, the sociology of law, court structure, and the difference between civil and criminal law.
Contents
Each chapter opens with an Introduction and closes with a Summary, Discussion Questions, and References. Chapters 2-6 and 8-14 end with Cases Cited.Preface: Acknowledgments: Chapter 1. LAW: ITS FUNCTION AND PURPOSEWhat Is Law?The Six Primary Characteristics of Culture and Their Relationship to Law1. Beliefs: 2. Values: 3. Norms: 4. Symbols: 5. Technology: 6. Language: The Code of HammurabiEarly Thinkers about LawPlato: Aristotle: Thomas Hobbes: John Locke: John Rawls: Sociological Perspectives of LawMax Weber: Emile Durkheim: Two Opposing Perspectives: Consensus and ConflictThe Consensus Perspective: The Conflict Perspective: Chapter 2. JUSTICE AND THE LAWWhat Is Justice?Distributive Justice: Retributive Justice: Problems with Aristotle's Definition of JusticeLegal RealismWhere Does Justice Come From? Two Perspectives of Law and Justice as NaturalThe Transcendental Natural Law Perspective: The Evolutionary Perspective: What Is the Relationship of Law to Justice?Equity: An Example of an Equity Decision: Garofalo and Natural CrimeThe Rule of LawJustice Evolving: Cesare Beccaria and ReformHerbert Packer's Models of Criminal JusticeThe Crime Control Model: The Due Process Model: An Illustration of the Models in Action: Chapter 3. MAKING LAWCommon LawPrecedent and Stare DecisisSources of LawSources of Individual RightsThe ConstitutionThe Bill of RightsFirst Amendment: Second Amendment: Third Amendment: Fourth Amendment: Fifth Amendment: Sixth Amendment: Seventh Amendment: Eighth Amendment: Ninth Amendment: Tenth Amendment: Other Amendments: Thirteenth Amendment: Fourteenth Amendment: Standard of Review: Incorporation of the Bill of Rights in the Fourteenth Amendment: Judicial ReviewMarbury v. Madison: The Process of Amending the ConstitutionChapter 4. FEDERAL AND STATE COURTSJurisdictionThe Federal CourtsDistrict Courts: Courts of Appeals: Supreme Court: The State CourtsOverview of the Criminal ProcessThe Jury and Its SelectionJury Selection: The Trial: Sentencing: Appeals: Court ActorsJudges: Prosecutors: Defense Attorneys: The Legal ProfessionChapter 5. CRIME AND CRIMINAL LAWWhat Is Crime?Sources of Criminal LawLimitations on Criminal LawElements of Criminal LiabilityCommon Elements of Criminal Offenses: Liability Without FaultInchoate CrimesAttempt: Solicitation: Conspiracy: Parties to Crime: Defenses to Criminal LiabilityJustification Defenses: Excuse Defenses: Procedural Defenses: Entrapment: Crimes Against the PersonMurder: Forcible Rape: Aggravated Assault: Robbery: Crimes Against PropertyArson: Burglary: Larceny/Theft: Crimes Against Public Order and MoralityChapter 6. CRIMINAL PROCEDUREPurpose of Criminal Procedure LawSources of Criminal Procedure LawSearch and Seizure Law and the Fourth AmendmentThe Warrant and Reasonableness Clauses: Probable Cause: ArrestWhen an Officer May Arrest: Manner of Arrest: Types of Seizures: SearchesReasonable Expectation of Privacy: Exceptions to the Search Warrant Requirement: Right to the Assistance of CounselRight to Counsel During Interrogations and Pretrial Identification ProceduresCustody: Interrogation: Circumstances in Which Miranda Is Not RequiredExtension and Application of the Miranda WarningsPretrial Identification Procedures: The Confrontation of Witnesses ClauseThe Right to Compulsory Process ClauseThe Exclusionary RuleAdvancing Toward the Exclusionary RuleCurtailing the Exclusionary Rule: Chapter 7. CIVIL AND ADMINISTRATIVE LAWDifferentiating Criminal and Civil LawTort LawTort Categories: Defenses to Liability: Tort Reform: Property LawInterests in Real Property: Interests in Personal Property: Contract LawElements of a Valid Contract: Family LawWho May Marry Whom?: The Supreme Court and the Right to Marry: The Road to Same-Sex Marriage: Common Law Marriage: Divorce and Annulment: Dividing Property, Child Custody, and Spousal Support: Administrative LawOrigins and Growth of Administrative Agencies: Legislative Function of Administrative Agencies: Investigatory and Enforcement Function of Administrative Agencies: Judicial Function of Administrative Agencies: Administrative Law and Corporate Crime: Recent Responses to Corporate Crime: Environmental LawThe Development of Environmental Laws and Regulations: Enforcement of Environmental Laws: Environmental Crime: Chapter 8. JUVENILE JUSTICEWhat Is Juvenile Delinquency?The Extent of DelinquencyDevelopmental Factors and Juvenile DelinquencyHistory and Philosophy of Juvenile JusticeInstitutional Control: Childhood in the United States: The Child Savers: The Beginning of the Juvenile Courts: Juvenile Waiver to Criminal CourtExtending Due Process to JuvenilesKent v. United States: In Re Gault: In Re Winship: McKeiver v. Pennsylvania: Breed v. Jones: Schall v. Martin: Graham v. Florida: Miller v. Alabama: The Juvenile Death PenaltyEroding the Distinction Between Adult and Juvenile Court SystemsRestorative JusticeChapter 9. THE LAW AND SOCIAL CONTROLWhat Is Social Control?A Typology of Social ControlThe Law as a Social Control MechanismPunishment and Deterrence: Other Philosophies of Punishment: Black's Styles of Social Control: Social Control and the Criminal Justice SystemIs the United States Soft on Crime?Plea BargainingThe Death Penalty DebateArguments Against the Death Penalty: Arguments Favoring the Death Penalty: The Law and Social Control of Political DissentTherapeutic Social Control: Law and Psychiatry"No Taxation Without Representation!": A Case of Judicial Social ControlWhat Is a Vice Crime?Homosexuality and SodomyThe Law and Gay Rights Versus Religious Liberty: The Concept of "Compelling Government Interest"Can the Rights of Both Gays and Religious Dissenters Be Protected?Prostitution and Commercialized ViceShould Prostitution Be Decriminalized/Legalized?: Pornography/ObscenityAbortionAlcohol and Illicit DrugsTaming the Beast in the Bottle: Illicit Drugs: The Future of Drug Regulation: Chapter 11. LAW, SOCIAL CHANGE, AND THE CLASS STRUGGLEWhat Is Social Change?The Law as a Cause of Social ChangeSocial Movements, the Law, and Social ChangeBritish Law and the American RevolutionLaw and Social Engineering in the Former USSRThe US Supreme Court and Social ChangeDynamic and Constrained Views of the Supreme Court's Power: The Legitimacy Basis of the Court's Power: Justice Anthony Kennedy: The Most Powerful Man in the United States?: Interpreting the Constitution: Strict Construction or Living Document?: The Supreme Court and the Class StruggleThe Fourteenth Amendment and Business Interests: Social Justice, Equality, and Freedom: A DebateThe Argument for Social Justice: The Argument Against Social Justice: The Supreme Court's Role in Inducing Social ChangeBringing the Country Together Through Case Law: The Activism of the Warren and Burger Courts: Chapter 12. WOMEN AND THE LAW (by Mary K. Stohr)Feminist Legal TheoryWomen and Law in History: The Birth of Misogyny and Other TriumphsThe Relative Value of Citizens: The Struggle for Women's SuffrageWoman as Human and PersonRape and Other Misogynous AtrocitiesWomen's Work and Other Legal MattersThe UNCEFDW and the Equal Rights AmendmentDomestic ViolenceWomen's Representation in the Legal ProfessionThe Bias StudiesLaw, Equality, and JusticeBuilding UnderstandingChapter 13. RACIAL MINORITIES AND THE LAWAfrican AmericansSlavery and the Law: The Amistad CaseThe Dred Scott CaseEmancipation and the Reconstruction Period: The Emergence of Jim Crow Laws: Segregation, Disenfranchisement, and the Plessy and Williams CasesLynching and Black Protest: "We Shall Overcome": Congressional Activity: The Cold War and International Pressure: American IndiansThe Early Years: The Marshall Trilogy: Defining Indian Status: The Period of Removal and Physical Genocide: The Assimilation Period and Cultural Genocide: The Beginning of the End of Cultural Genocide (With a Few Backward Steps): Asian AmericansHispanicsThe Mexican-American War and the Treaty of Guadalupe Hidalgo: Push and Pull: Invitation and Exile: Segregation, Jury Representation, and Voting Rights: How Far Have We Come?Law in Preliterate Bands and TribesLaw in the Modern World: The Four TraditionsCommon Law: Civil Law: Socialist Law: Islamic Law: The Four Traditions and the Rule of LawThe Convergence of SystemsAppendix A: Constitution of the United States of AmericaAppendix B: Student-Friendly Legal WebsitesGlossary: Table of Cases: Photo Credits: Index:
