Law, Justice, and Society: A Sociolegal Introduction by Anthony WalshLaw, Justice, and Society: A Sociolegal Introduction by Anthony Walsh

Law, Justice, and Society: A Sociolegal Introduction

byAnthony Walsh, Craig Hemmens

Paperback | March 7, 2016

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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, courtstructure, and the difference between civil and criminal law.
Anthony Walsh is Professor of Criminal Justice at Boise State University. Craig Hemmens is Professor and Chair of Criminology at Washington State University.
Title:Law, Justice, and Society: A Sociolegal IntroductionFormat:PaperbackDimensions:512 pages, 9.09 × 7.52 × 0.98 inPublished:March 7, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190272759

ISBN - 13:9780190272753

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Table of 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.PrefaceAcknowledgments1. LAW: ITS FUNCTION AND PURPOSEWhat Is Law?The Six Primary Characteristics of Culture and Their Relationship to Law1. Beliefs2. Values3. Norms4. Symbols5. Technology6. LanguageThe Code of HammurabiEarly Thinkers about Law- Plato- Aristotle- Thomas Hobbes- John Locke- John RawlsSociological Perspectives of Law- Max Weber- Emile DurkheimTwo Opposing Perspectives: Consensus and Conflict- The Consensus Perspective- The Conflict Perspective2. JUSTICE AND THE LAWWhat Is Justice?- Distributive Justice- Retributive JusticeProblems with Aristotle's Definition of JusticeLegal RealismWhere Does Justice Come From? Two Perspectives of Law and Justice as Natural- The Transcendental Natural Law Perspective- The Evolutionary PerspectiveWhat Is the Relationship of Law to Justice?- Equity- An Example of an Equity DecisionGarofalo and Natural CrimeThe Rule of LawJustice Evolving: Cesare Beccaria and ReformHerbert Packer's Models of Criminal Justice- The Crime Control Model- The Due Process Model- An Illustration of the Models in Action3. MAKING LAWCommon LawPrecedent and Stare DecisisSources of LawSources of Individual RightsThe ConstitutionThe 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 Review- Incorporation of the Bill of Rights in the Fourteenth AmendmentJudicial Review- Marbury v. MadisonThe Process of Amending the Constitution4. FEDERAL AND STATE COURTSJurisdictionThe Federal Courts- District Courts- Courts of Appeals- Supreme CourtThe State CourtsOverview of the Criminal ProcessThe Jury and Its Selection- Jury Selection- The Trial- Sentencing- AppealsCourt Actors- Judges- Prosecutors- Defense AttorneysThe Legal Profession5. CRIME AND CRIMINAL LAWWhat Is Crime?Sources of Criminal LawLimitations on Criminal LawElements of Criminal Liability- Common Elements of Criminal OffensesLiability Without FaultInchoate Crimes- Attempt- Solicitation- Conspiracy- Parties to CrimeDefenses to Criminal Liability- Justification Defenses- Excuse Defenses- Procedural Defenses: EntrapmentCrimes Against the Person- Murder- Forcible Rape- Aggravated Assault- RobberyCrimes Against Property- Arson- Burglary- Larceny/TheftCrimes Against Public Order and Morality6. CRIMINAL PROCEDUREPurpose of Criminal Procedure LawSources of Criminal Procedure LawSearch and Seizure Law and the Fourth Amendment- The Warrant and Reasonableness Clauses- Probable CauseArrest- When an Officer May Arrest- Manner of Arrest- Types of SeizuresSearches- Reasonable Expectation of Privacy- Exceptions to the Search Warrant RequirementRight to the Assistance of CounselRight to Counsel During Interrogations and Pretrial Identification Procedures- Custody- InterrogationCircumstances in Which Miranda Is Not RequiredExtension and Application of the Miranda Warnings- Pretrial Identification ProceduresThe Confrontation of Witnesses ClauseThe Right to Compulsory Process ClauseThe Exclusionary Rule- Advancing Toward the Exclusionary Rule- Curtailing the Exclusionary Rule7. CIVIL AND ADMINISTRATIVE LAWDifferentiating Criminal and Civil LawTort Law- Tort Categories- Defenses to Liability- Tort ReformProperty Law- Interests in Real Property- Interests in Personal PropertyContract Law- Elements of a Valid ContractFamily Law- Who 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 SupportAdministrative Law- Origins 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 CrimeEnvironmental Law- The Development of Environmental Laws and Regulations- Enforcement of Environmental Laws- Environmental Crime8. JUVENILE JUSTICEWhat Is Juvenile Delinquency?The Extent of DelinquencyDevelopmental Factors and Juvenile DelinquencyHistory and Philosophy of Juvenile Justice- Institutional Control- Childhood in the United States- The Child Savers- The Beginning of the Juvenile CourtsJuvenile Waiver to Criminal CourtExtending Due Process to Juveniles- Kent v. United States- In Re Gault- In Re Winship- McKeiver v. Pennsylvania- Breed v. Jones- Schall v. Martin- Graham v. Florida- Miller v. AlabamaThe Juvenile Death PenaltyEroding the Distinction Between Adult and Juvenile Court SystemsRestorative Justice9. THE LAW AND SOCIAL CONTROLWhat Is Social Control?A Typology of Social ControlThe Law as a Social Control Mechanism- Punishment and Deterrence- Other Philosophies of PunishmentBlack's Styles of Social ControlSocial Control and the Criminal Justice SystemIs the United States Soft on Crime?Plea BargainingThe Death Penalty Debate- Arguments Against the Death Penalty- Arguments Favoring the Death PenaltyThe Law and Social Control of Political DissentTherapeutic Social Control: Law and Psychiatry"No Taxation Without Representation!": A Case of Judicial Social Control10. THE LIMITS OF SOCIAL CONTROL: POLICING VICEWhat Is a Vice Crime?Homosexuality and Sodomy- The 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 Vice- Should Prostitution Be Decriminalized/Legalized?Pornography/ObscenityAbortionAlcohol and Illicit Drugs- Taming the Beast in the Bottle- Illicit Drugs- The Future of Drug Regulation11. 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 Change- Dynamic 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 Struggle- The Fourteenth Amendment and Business InterestsSocial Justice, Equality, and Freedom: A Debate- The Argument for Social Justice- The Argument Against Social JusticeThe Supreme Court's Role in Inducing Social Change- Bringing the Country Together Through Case Law- The Activism of the Warren and Burger Courts12. 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 Understanding13. RACIAL MINORITIES AND THE LAWAfrican Americans- Slavery and the LawThe Amistad CaseThe Dred Scott Case- Emancipation and the Reconstruction Period- The Emergence of Jim Crow LawsSegregation, Disenfranchisement, and the Plessy and Williams Cases- Lynching and Black Protest- "We Shall Overcome"- Congressional Activity- The Cold War and International PressureAmerican 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)Asian AmericansHispanics- The Mexican-American War and the Treaty of Guadalupe Hidalgo- Push and Pull: Invitation and Exile- Segregation, Jury Representation, and Voting RightsHow Far Have We Come?14. COMPARATIVE LAW: LAW IN OTHER CULTURESLaw in Preliterate Bands and TribesLaw in the Modern World: The Four Traditions- Common Law- Civil Law- Socialist Law- Islamic LawThe Four Traditions and the Rule of LawThe Convergence of SystemsAppendix A: Constitution of the United States of AmericaAppendix B: Student-Friendly Legal WebsitesGlossaryTable of CasesIndex

Editorial Reviews

"The material is engagingly presented, a tall order for the subject matter." --Donna M. Lewis, Santa Barbara City College