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Cover

Law, Justice, and Society

A Sociolegal Introduction

Third Edition

Anthony Walsh and Craig Hemmens

Publication Date - June 2013

ISBN: 9780199958535

496 pages
Paperback
7-1/2 x 9-1/4 inches

In Stock

Retail Price to Students: $64.95

The best introduction to law and society, with coverage of gender, race, and comparative law

Description

An accessible and lively introduction to the field, Law, Justice, and Society: A Sociolegal Introduction 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.

New to this Edition

  • * Discusses such controversial issues as gay marriage and environmental law
  • * Introduces "The Six Primary Characteristics of Culture" in Chapter 1
  • * Expands coverage of critical legal theory, the legal profession, and class and inequality
  • * Adds relevant Supreme Court rulings to the investigation of criminal procedure in Chapter 6
  • * Incorporates a section on Hispanics into the discussion of race and the law
  • * Includes information on Terrie Moffit's developmental taxonomy of juvenile offending and the expansion of legal rights for minors
  • * Supplemented by a comprehensive Instructor's Resource CD (available to adopting instructors) with a Test Bank; PowerPoint-based lecture slides; practice quizzes; activities; crosswords; sample syllabi; and suggested TV episodes, movies, news clips, and other audiovisual media that complement the themes of each chapter

Previous Publication Date(s)

October 2010
January 2008

Reviews

"There is no other introductory text that is so clearly written and broad in coverage." --Laura Hatcher, Southern Illinois University

"An excellent contribution to the study of law and society." --Cary Federman, Montclair State University

"A great resource for undergraduates who wish to learn about the seminal legal and social issues that define our world today." --Durant Frantzen, Texas A&M University-San Antonio

Table of Contents

    **Each Chapter begins with an Introduction and ends with a Summary, Discussion Questions, References, and Cases Cited.**
    1. LAW: ITS FUNCTION AND PURPOSE
    What Is Law?
    The Six Primary Characteristics of Culture and Their Relationship to Law
    1. Beliefs
    2. Values
    3. Norms
    4. Symbols
    5. Technology
    6. Language
    The Code of Hammurabi
    Early Thinkers about Law
    - Plato
    - Aristotle
    - Thomas Hobbes
    - John Locke
    - John Rawls
    Sociological Perspectives of Law
    - Max Weber
    - Émile Durkheim
    Two Opposing Perspectives: Consensus and Conflict
    - The Consensus Perspective
    - The Conflict Perspective
    2. JUSTICE AND THE LAW
    What Is Justice?
    - Distributive Justice
    - Retributive Justice
    Problems with Aristotle's Definition of Justice
    Legal Realism
    Where Does Justice Come From? Two Perspectives of Law and Justice as Natural
    - The Transcendental Natural Law Perspective
    - The Evolutionary Perspective
    What Is the Relationship of Law to Justice?
    - Equity
    Garofalo and Natural Crime
    The Rule of Law
    Justice Evolving: Cesare Beccaria and Reform
    Justice, the Law, and Packer's Models of Criminal Justice
    - The Crime Control Model
    - The Due Process Model
    - An Illustration of the Models in Action
    3. MAKING LAW
    Common Law
    Precedent and Stare Decisis
    Sources of Law
    Sources of Individual Rights
    The Constitution
    The Bill of Rights
    - First 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 Review
    - Marbury v. Madison
    The Process of Amending the Constitution
    4. FEDERAL AND STATE COURTS
    Jurisdiction
    The Federal Courts
    - District Courts
    - Courts of Appeals
    - Supreme Court
    The State Courts
    Overview of the Criminal Process
    - Pretrial Proceedings
    The Jury and Its Selection
    - Jury Selection
    - The Trial
    - Sentencing
    - Appeals
    Court Actors
    - Judges
    - Prosecutors
    - Defense Attorneys
    5. CRIME AND CRIMINAL LAW
    What Is Crime?
    Sources of Criminal Law
    Limitations on Criminal Law
    Elements of Criminal Liability
    - Common Elements of Criminal Offenses
    Liability Without Fault
    Inchoate Crimes
    - Attempt
    - Solicitation
    - Conspiracy
    - Parties to Crime
    Defenses to Criminal Liability
    - Justification Defenses
    - Excuse Defenses
    Procedural Defenses: Entrapment
    Crimes Against the Person
    - Murder
    - Forcible Rape
    - Aggravated Assault
    - Robbery
    Crimes Against Property
    - Arson
    - Burglary
    - Larceny/Theft
    Crimes Against Public Order and Morality
    6. CRIMINAL PROCEDURE
    Purpose of Criminal Procedure Law
    Sources of Criminal Procedure Law
    Search and Seizure Law and the Fourth Amendment
    - The Warrant and Reasonableness Clauses
    - Probable Cause
    Arrest
    - When an Officer May Arrest
    - Manner of Arrest
    - Types of Seizures
    Searches
    - Reasonable Expectation of Privacy
    - Exceptions to the Search Warrant Requirement
    Right to the Assistance of Counsel
    Right to Counsel During Interrogations and Pretrial Identification Procedures
    - Custody
    - Interrogation
    - Circumstances in Which Miranda Is Not Required
    - Extension and Application of the Miranda Warnings
    - Pretrial Identification Procedures
    The Confrontation of Witnesses Clause
    The Right to Compulsory Process Clause
    The Exclusionary Rule
    Advancing Toward the Exclusionary Rule
    - Curtailing the Exclusionary Rule
    7. CIVIL AND ADMINISTRATIVE LAW
    Differentiating Criminal and Civil Law
    Tort Law
    - Tort Categories
    - Defenses to Liability
    - Tort Reform
    Property Law
    - Interests in Real Property
    - Interests in Personal Property
    Contract Law
    Elements of a Valid Contract
    Family Law
    - Who May Marry Whom?
    - The Supreme Court and the Right to Marry
    - Common Law Marriage
    - Divorce and Annulment
    - Dividing Property, Child Custody, and Spousal Support
    Administrative and Regulatory Law
    - Origins and Growth of Administrative Agencies
    - Legislative Function of Administrative Agencies
    - Investigatory and Enforcement Function of Administrative Agencies
    - Judicial Function of Administrative Agencies
    - Environmental Justice
    - Administrative Law and Corporate Crime
    - Recent Responses to Corporate Crime
    8. JUVENILE JUSTICE
    What Is Juvenile Delinquency?
    The Extent of Delinquency
    Developmental Factors and Juvenile Delinquency
    History and Philosophy of Juvenile Justice
    - Institutional Control
    - Childhood in the United States
    - The Child Savers
    - The Beginning of the Juvenile Courts
    Juvenile Waiver to Criminal Court
    Extending Due Process to Juveniles
    Kent v. United States
    In Re Gault
    In Re Winship
    McKeiver v. Pennsylvania
    Breed v. Jones
    Schall v. Martin
    The Juvenile Death Penalty
    Eroding the Distinction Between Adult and Juvenile Court Systems
    Restorative Justice
    9. THE LAW AND SOCIAL CONTROL
    What Is Social Control?
    A Typology of Social Control
    The Law as a Social Control Mechanism
    - Punishment and Deterrence
    - Other Philosophies of Punishment
    - Black's Styles of Social Control
    Social Control and the Criminal Justice System
    Is the United States Soft on Crime?
    Plea Bargaining
    - The Death Penalty Debate
    - Arguments Against the Death Penalty
    Arguments Favoring the Death Penalty
    The Law and Social Control of Political Dissent
    Therapeutic Social Control: Law and Psychiatry
    "No Taxation Without Representation!": A Case of Judicial Social Control
    10. THE LIMITS OF SOCIAL CONTROL
    What Is a Vice Crime?
    Homosexuality and Sodomy
    Prostitution and Commercialized Vice
    - Should Prostitution Be Decriminalized/Legalized?
    Pornography/Obscenity
    Abortion
    Alcohol and Illicit Drugs
    - Taming the Beast in the Bottle
    - Illicit Drugs
    11. LAW, SOCIAL CHANGE, AND THE CLASS STRUGGLE
    What Is Social Change?
    The Law as a Cause of Social Change
    Social Movements, the Law, and Social Change
    British Law and the American Revolution
    Law and Social Engineering in the Former Soviet Union
    - Law and the Destruction and Reconstruction of the Soviet Family
    The United States Supreme Court and Social Change
    - Dynamic and Constrained Views of the Supreme Court's Power
    - The Legitimacy Basis of the Court's Power
    - Strict Constructionism
    The Supreme Court's Role in Maintaining the Status Quo
    - The Fourteenth Amendment and Business Interests
    The Supreme Court's Role in Inducing Social Change
    - Bringing the Country Together Through Case Law
    - The Activism of the Warren and Burger Courts
    12. WOMEN AND THE LAW (by Mary K. Stohr)
    Feminist Legal Theory
    Women and Law in History: The Birth of Misogyny and Other Triumphs
    The Relative Value of Citizens: The Struggle for Women's Suffrage
    Woman as Human and Person
    Rape and Other Misogynous Atrocities
    Women's Work and Other Legal Matters
    The UNCEFDW and the Equal Rights Amendment
    Women's Representation in the Legal Profession
    The Bias Studies
    Law, Equality, and Justice
    Building Understanding
    13. RACIAL MINORITIES AND THE LAW
    African Americans
    - Slavery and the Law
    - The Amistad Case
    - The Dred Scott Case
    - Emancipation and the Reconstruction Period
    - The Emergence of Jim Crow Laws
    - Segregation, Disenfranchisement, and the Plessy and Williams Cases
    - Lynching and Black Protest
    - "We Shall Overcome"
    - Congressional Activity
    - The Cold War and International Pressure
    - How Far Have We Come?
    American Indians
    - The 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)
    - How Far Have We Come?
    Asian Americans
    - Asian Americans Today
    Race, Law, and Conflict
    Is Today's Criminal Justice System Racist?
    14. COMPARATIVE LAW: LAW IN OTHER CULTURES
    Law in Preliterate Bands and Tribes
    Law in the Modern World: The Four Traditions
    - Common Law
    - Civil Law
    - Socialist Law
    - Islamic Law
    The Four Traditions and the Rule of Law
    The Convergence of Systems
    APPENDIX A: Constitution of the United States of America
    APPENDIX B: Student-Friendly Legal Web Sites
    GLOSSARY
    TABLE OF CASES
    INDEX

Teaching Resources

9780199958542