Calendar

LEC / VIEWING?# LECTURE NOTES READINGS / VIEWINGS ASSIGNMENTS

I. Introduction
What is Law? What Does Law Do? What Does Law Not Do?
Natural Law, Legal Positivism, and Legal Realism

"Justice?--You get justice in the next world, in this world you have the law."
--William Gaddis, A Frolic of His Own (1994: 13)

Lec #1

Abel, Richard L., ed. "What Do We Talk About When We Talk About Law." In The Law and Society Reader.

Burnett, G. Graham. A Trial by Jury. Pp. 3-76.

Lec #2, 3 Jurisprudential Paradigms ( PDF )

Sutton, John. Law/Society. Pp. 135-160.

Holmes, Oliver Wendell. "The Path of the Law."

Viewing #1 Real Justice, District Court. ( PDF )

II. Law as a Social Process: The Organization of the Criminal Justice System

"To what degree was the law a thing apart from people - an abstract system laid over the messy reality of individuals and their specific situations - and to what degree did the law emerge from the texture and character of people and the details of their cases?"
--D. Graham Burnett, A Trial By Jury (2001: 137)

Lec #4, 5 Criminal Justice System (Lec #4) ( PDF )

Currie, Elliott. "The Control of Witchcraft in Renaissance Europe."

Black, Donald. "Social Organization of Arrest."

Emerson, Robert. "Holistic Effects in Social Control Decision-Making." In The Law and Society Reader.

Blankenburg, Erhard. "The Selectivity of Legal Sanctions: An Empirical Investigation of Shoplifting." In The Law and Society Reader .

Feeley, Malcolm. The Process is the Punishment. (Excerpts)

Alschuler, Albert W. "Plea Bargaining and It's History." In The Law and Society Reader .

Radelet, Michael, and Glenn L. Pierce. "Race and Prosecutorial Discretion in Homicide Cases." In The Law and Society Reader.

Heumann, Milton, and Colin Loftin. "Mandatory Sentencing and the Abolition of Plea Bargaining: The Michigan Felony Firearm Statute." In The Law and Society Reader.

Daly, Kathleen. "Structure and Practice of Familial-Based Justice in a Criminal Court." In The Law and Society Reader.

Viewing #2 Real Justice, Superior Court. ( PDF )
III. Law as a Social Process: The Civil Side
Lec #6, 7, 8

Civil Justice System (Lec #6) ( PDF )

Civil Justice System (Continued) (Lec #7) ( PDF )

Harr, Jonathan. A Civil Action .

Engel, David. "The Over Bird's Song: Insiders, Outsiders, and Personal Injuries in an American Community." In The Law and Society Reader.

Merry, Sally. "Going to Court: Strategies of Dispute Management in an Urban Neighborhood." In The Law and Society Reader.

Felstiner, Abel, and Austin Sarat. "The Emergence and Transformation of Disputes: Naming, Blaming and Claiming."

Galanter, Marc. "Why the 'Haves'' Come Out Ahead." In The Law and Society Reader.

Tanase, Takao. "The Management of Disputes: Automobile Accident Compensation in Japan." In The Law and Society Reader.

IV. Players in the System: Judges, Lawyers, Litigants
Lec #9, 10, 11, 12

Players in the System: Judges (Lec #9, 10) ( PDF )

Legal Profession (Lec #11, 12) ( PDF )

Carter, Lief, and Thomas Burke. Reason in Law. Pp. 1-126, 158-162.

Paul, Jeremy. "Changing the Subject: Cognitive Theory and the Teaching of Law."

Sutton, John. Law/Society. Pp. 221-278.

Sarat, Austin, and William Felstiner. "Law and Social Relations: Vocabularies of Motive in Lawyer/Client Interaction." In The Law and Society Reader.

Conley, John, and William O'Barr. "Lay Expectations of the Civil Justice System." In The Law and Society Reader .

First Paper Due (3 days before Lec #9)

Mid-Term Exam (Tentative Date - 3 days before Lec #11)

V. Alternatives to Law
Lec #13, 14 Alternatives to Law: Varieties of Dispute Processing (Lec #13, 14) ( PDF )

Burke, Thomas. Lawyers, Lawsuits and Legal Rights: The Battle over Litigation in American Society. (Excerpts)

Hensler, Deborah. "Suppose It's Not True."

Silbey, Susan. "The Emperor's New Clothes: Mediation Mythology and Markets."

Cobb, Sara. "The Domestication of Violence in Mediation."

Second Paper Due (Lec #13)
VI. Law and Social Change: The Consequences of Logic and Organization
Lec #15, 16 Evolutionary Theories of Social Change: Maine and Durkheim (Lec #15, 16) ( PDF )

Sutton, John. Law/Society. Pp. 23-60.

Telpner, Brian. "Constructing Safe Communities: Megan's Law and the Purposes of Punishment."

Hawthorne, Nathaniel. The Scarlet Letter. Pp. 75-88. (Excerpts)

Berman, Paul. "An Observation and a Strange but True 'Tale': What might the Historical Trials of Animals tell us about the Transformative Potential of Law?"

Lec #17, 18 Law, Class Conflict and the Economy: Marx (Lec #17, 18) ( PDF )

Sutton, John. Law/Society. Pp. 61-98.

Chambliss, William. "A Sociological Analysis of the Law of Vagrancy."

Hay, Douglas. "Property, Authority, and the Criminal Law."

Thompson, E. P. "The Rule of Law."

Lec #19, 20, 21

Law and the State: Weber (Lec #19, 20) ( PDF )

Law and Social Change (Continued) (Lec #21) ( PDF )

Sutton, John. Law/Society. Pp. 99-132.

Hall, Jerome. Theft, Law and Society. (Excerpts)

Sutton, John. Law/Society. Pp. 161-220.

Ekland-Olson, Sheldon, and Steve J. Martin. "Organizational Compliance with Court-Ordered Reform." In The Law and Society Reader.

Gilboy, Janet. "Penetrability of Administrative Systems: Political 'Casework' and Immigration Inspections." In The Law and Society Reader.

Silbey, Susan. "The Consequences of Responsive Regulation."

Third Paper Due (Lec #19)

VII. The Rule of Law, Legal Culture, and Everyday Life

"To the pig keepers ... the law was a domain of conflict in whose construction they participated."
--Hendrik Hartog, "Pigs and Posivitism" (1985)

Lec #22, 23, 24, 25 Law and Everyday Life, The Common Place of Law (Lec #23, 24, 25) ( PDF )

Ewick, Patricia, and Susan S. Silbey. The Common Place of Law: Stories from Everyday Life .

Carter, and Burke. Reason in Law. Pp. 127-157.

Sherwin, Richard. When Law Goes Pop:The Vanishing Line Between Law and Popular Culture. (Excerpts)

Final Paper Due (Lec #25)