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Preface
1 The Social Nature and Significance of Law
The Significance of Law for Society and for Ourselves
The Social Functions of Law
The Dysfunctions of Law
The Study of Law and Society
Traditional and Social Science Views of Law
Assumptions in the Study of Law and Society
What Does Law and Society Study?
Law and Justice
Illustrating the Conflict Between Law and Justice
The Case of the Speluncean Explorers
Law and Logic in Tumultuous Times
The Plan of the Book
2 Defining Law
Initial Considerations
Selected Definitions of Law
John Austin: The Command of a Sovereign
Donald J. Black: Governmental Social Control
A.R. Radcliffe Brown: Social Order Through Physical Force
E. Adamson Hoebel: Physical Force by a Socially Recognized Individual or Group
Max Weber: Coercion by Special Staff of People
Physical Force and Obedience to Law
The Content of Law
Definitions of Law and the Existence of Law
The Puebloans: Tribal Council and Priesthood
The Tswana: Local Court and a Higher Court
The Inuit: Song Duels
The Ifugao: Ordeals
3 Understanding Law and Society: Early Approaches and Contemporary Perspectives
Early Approaches
Legal Formalism
Utilitarianism
The Historical School
Legal Realism
Sociological Jurisprudence
The Early Law and Society Movement
Contemporary Perspectives
Functionalist and Conflict Views
Marxist Perspectives
Critical Legal Studies
Critical Race Theory
Feminist Legal Theory
4 Families of Law
Common Law
Common Law in the United States
Civil Law
The Example of France
Louisiana
Quebec Province
A Final Word on Civil Law Systems
Theocratic Law
Islamic Law
Israeli Law
Socialist Law
China
Cuba
Traditional Law
5 Types of Law
Criminal Law
Elements of a Crime
Legal Defenses to Criminal Responsibility
Civil Law
Executive Orders
Administrative Law
Other Types of Law
Statutory Law
Case Law
Public Law and Private Law
Substantive Law and Procedural Law
Substantive Justice and Procedural Justice
Special Topics
Military Law and Military Justice
Sexual Assault in the Military
Native American Law
International Law
6 Law and Dispute Processing
The Disputing Process
Stages in the Disputing Process
Methods of Dispute Processing
Explaining Dispute Processing Decisions
Societal Factors
Individual Factors
7 Dispute Processing in the United States
Dispute Processing and Litigiousness: Then and Now
The Colonial Period
Utopian Communities
19th-Century Immigrants
Legal Consciousness and Going (or Not Going) to Court
Businesses and Non-Contractual Relations
Legal Consciousness and Everyday Life
Legal Consciousness Among the Working Class
Legal Consciousness and Offensive Speech
Legal Consciousness and Sexual Harassment
Legal Consciousness and Disability
Rights Consciousness and Litigiousness
The Litigation Crisis Controversy
Legal Legends and News Media Coverage
Social Science Evidence on the Litigation “Crisis”
Alternative Dispute Resolution
8 Law and Social Control
Law, Deterrence, and Incapacitation
Deterrence: Conceptual Considerations
Research on Deterrence
Incapacitation
Law, Morality, and Consensual Crime
Philosophical Considerations
Social Science Considerations
Repealing Consensual Crime Laws?
Special Topics in Law and Social Control
The Death Penalty Controversy
White-Collar Crime
9 Law and Social Change
The Impact of Social Change on Law: Law as a Dependent Variable
The Law of Vagrancy
The Law of Theft
The Rise of Workers’ Compensation
Changes in Family Law
Technological Changes and the Law
The Impact of Law on Social Change: Law as an Independent Variable
Aspects of the Law → Social Change Relationship
Limits of Law as a Social Change Vehicle
Problems in Assessing Legal Impact
Conditions That Maximize the Potential Impact of Legal Change
Law and Social Movements
Use of Law by Social Movements
Use of Law Against Social Movements
10 Law and Inequality
Law and Inequality in the American Past
Social Class
Race and Ethnicity
Gender
Contemporary Evidence
Social Class
Race and Ethnicity
Gender
11 The Legal Profession
Images and Perceptions of Lawyers
Reasons for the Negative Image
The Positive Image: Lawyer as Hero
History of the Legal Profession
Early Origins of Lawyers
Origin and Development of the American Legal Profession
The US Legal Profession Today
Growth and Demographics of the Legal Profession
Stratification and Social Organization of the Bar
Cause Lawyering
Women in the Law
Legal Ethics and Corruption
Satisfaction With Legal Careers
Law School and Legal Education
Growth of the American Law School
Critique and Defense of Legal Education
12 Courts and Juries
Criminal Courts in the United States
Understanding the Criminal Court
Normal Crimes and the Courtroom Workgroup
Plea Bargaining: Evil, Necessary Evil, or Not Evil?
The Jury in Democratic Society
History of the Jury
How Well Does the Jury Perform?
Jury Nullification
Race and Jury Selection
Glossary
Index

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Law and society : an introduction 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
등록번호 청구기호 권별정보 자료실 이용여부
0003064497 LM 340.115 -A24-1 서울관 법률정보센터(206호) 이용가능

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The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally, how law and society affect each other in matters such as dispute settlement, criminal law, social movements, inequality, and social control.

The third edition is brought up to date with the helpful reorganization of chapters. Separate chapters exploring how we define law, the differences among the major families of law, and dispute processing make the textbook more readable and adaptable to specific course objectives. Thorough revisions across the chapters reflect the latest sociolegal perspectives and research and include many new references and contemporary examples to help students appreciate a wide range of law and society issues. This thoughtful and stimulating introduction to the field is ideal for advanced undergraduate courses in Law and Society and Introduction to Law.



The new edition of Law and Society provides a clear, balanced, and comprehensive introduction to the sociological study of law, equipping students with a fundamental historical and theoretical framework to view, discuss, and analyze the social nature of the law and the reciprocal relationship between law and society.



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