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• Cover
• Half Title
• Endorsements
• Title
• Copyright
• Brief Contents
• Detailed Contents
• 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