Law, Justice, and Society: A Sociolegal Introduction

An accessible and lively introduction to the field, Law, Justice, and Society: A Sociolegal Introduction, Fifth Edition, explores the relationship between legal systems and other social institutions using a distinctive sociological point of view. 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.

Anthony Walsh is a Professor in the Department of Criminal Justice at Boise State University.

Craig Hemmens is a Professor in the Department of Criminal Justice and Criminology at Washington State University.

Preface
Acknowledgments

Chapter 1. LAW: Its Function and Purpose
Introduction
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
?mile Durkheim
Two Opposing Perspectives: Consensus and Conflict
The Consensus Perspective
The Conflict Perspective
Summary
Discussion Questions
References

Chapter 2. Justice and the Law
Introduction
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
An Example of an Equity Decision
Garofalo and Natural Crime
The Rule of Law
Justice Evolving: Cesare Beccaria and Reform
Herbert Packer's Models of Criminal Justice
The Crime Control Model
The Due Process Model
An Illustration of the Models in Action
Summary
Discussion Questions
References
Cases Cited

Chapter 3. Making Law
Introduction
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
Summary
Discussion Questions
References
Cases Cited

Chapter 4. Federal and State Courts
Introduction
Jurisdiction
The Federal Courts
District Courts
Courts of Appeals
Supreme Court
The State Courts
Overview of the Criminal Process
The Jury and Its Selection
Jury Selection
The Trial
Sentencing
Appeals
Court Actors
Judges
Prosecutors
Defense Attorneys
The Legal Profession
Summary
Discussion Questions
References
Cases Cited

Chapter 5. Crime and Criminal Law
Introduction
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
Summary
Discussion Questions
References
Cases Cited

Chapter 6. Criminal Procedure
Introduction
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
Summary
Discussion Questions
References
Cases Cited

Chapter 7. Civil and Administrative Law
Introduction
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
The Road to Same-Sex Marriage
Common Law Marriage
Divorce and Annulment
Dividing Property, Child Custody, and Spousal Support
Administrative 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 Crime
Environmental Law
The Development of Environmental Laws and Regulations
Enforcement of Environmental Laws
Environmental Crime
Summary
Discussion Questions
References
Cases Cited

Chapter 8. Juvenile Justice
Introduction
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
Graham v. Florida
Miller v. Alabama 212
The Juvenile Death Penalty
Eroding the Distinction Between Adult and Juvenile Court Systems
Restorative Justice
Summary
Discussion Questions
References
Cases Cited

Chapter 9. The Law and Social Control
Introduction
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
Summary
Discussion Questions
References
Cases Cited

Chapter 10. The Limits of Social Control: Policing Vice
Introduction
What 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/Obscenity
Abortion
Alcohol and Illicit Drugs
Taming the Beast in the Bottle
Illicit Drugs
The Future of Drug Regulation
Summary
Discussion Questions
References
Cases Cited

Chapter 11. Law, Social Change, and the Class Struggle
Introduction
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 USSR
The 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 Interests
Social Justice, Equality, and Freedom: A Debate
The Argument for Social Justice
The Argument Against Social Justice
The Supreme Court's Role in Inducing Social Change
Bringing the Country Together Through Case Law
The Activism of the Warren and Burger Courts
Summary
Discussion Questions
References
Cases Cited

Chapter 12. Women and the Law
Introduction
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
Domestic Violence
Women's Representation in the Legal Profession
The Bias Studies
Law, Equality, and Justice
Building Understanding
Summary
Discussion Questions
References
Cases Cited

Chapter 13. Racial Minorities and the Law
Introduction
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
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)
Asian Americans
Hispanics
The Mexican-American War and the Treaty of Guadalupe Hidalgo
Push and Pull: Invitation and Exile
Segregation, Jury Representation, and Voting Rights
How Far Have We Come?
Summary
Discussion Questions
References
Cases Cited

Chapter 14. Comparative Law: Law in Other Cultures
Introduction
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
Summary
Discussion Questions
References

Appendix A: Constitution of the United States of America
Appendix B: Student-Friendly Legal Websites
Glossary
Table of Cases
Photo Credits
Index