SOC 5810: LAW & SOCIETY
Fall, 2013
Instructor: Dr. Mary C. Sengstock
Teaching Assistant: Dr. Jennifer Lawson
Wed., 5:30-8:15 pm.
1171 Old Main
CONTACT INFORMATION
• Dr. Mary C. Sengstock, Professor of Sociology
– Email: m.sengstock@wayne.edu;
marycay910@wowway.com
– Phone: 313-215-6417 (9 am–6 pm only please!)
– Web: http://users.wowway.com/~marycay910
• Dr. Jennifer Lawson, Teaching Assistant
– Email: dz6370@wayne.edu
– Phone: 313-657-7521
COURSE DESCRIPTION
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Law & Legal Structure In Social Context
Law Development, Enforcement, Interpretation
Emphasis On American Legal System
Reciprocal Effects: Law & Surrounding Society
Some Comparative Analysis
Aimed at: Pre-law, Criminal Justice, Political
Science Students, Sociology Majors
COURSE OBJECTIVES
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Analyze The Law As A Social System
Analyze Law In Its Social Context
Understand Assets And Limitations Of Law…
As a Mechanism For Controlling Behavior …
And Resolving Disputes In Society
Consider the Possibilities of Law as
Mechanism of Social Change
BASIC INFORMATION
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Meets On Wednesday Evenings,
Time: 5:30-8:15 pm
Room Location: 1171 Old Main.
Can Be Taken For Credit In Either Sociology Or
Criminal Justice.
• Course Identification Numbers:
Soc 5810 – Section ID 16207
CRJ 5810 – Section ID 16208
LECTURE NOTES
• Lecture Notes Will Be Posted On My Web Site:
• http://users.wowway.com/~marycay910.
• Most Of These Notes Will Be Available As PP
Slides.
COURSE REQUIREMENTS
• Exams: 2 Exams: Midterm, Final Exam
• Both Multiple Choice Exams
– Possible Extra Credit for Submitting Questions
• Paper: 8-10 Page Paper Due Last Day Of Class
– See “Writing Sociology Term Papers” On Web Site
• "Optional Paper Assignment“ IS Available In
Limited Circumstances. See Me If Interested.
• Participation In Class Discussions
GRADUATE STUDENTS
• 3 Additional Assignments:
1) Book Review: Related To Law & Society
– Due The Class Prior To Mid-term (Consult Me.)
– 2) Term Paper: More Detailed Paper & Advanced
Level Of Analysis (12-15 Pages, Refs)
– 3) Class Presentation: Based On Book Review,
Term Paper Topic, Other Relevant Issue.
TEXTBOOKS
• John R. Sutton, Law/Society: Origins,
Interactions, and Change. Thousand Oaks,
CA: Pine Forge Press, 2006.
• Optional Reference (Not Required to
Purchase): M. Ethan Katsh & William Rose,
Eds., Taking Sides: Clashing Views on
Controversial Legal Issues. 12th. Ed. (Guilford,
CN: Dushkin/McGraw-Hill, Current Ed.).
ADDITIONAL COMMENTS
• Some additional reading materials may be
assigned occasionally, particularly legal case
analyses. (See list of pertinent Cases –
Available in Several places – e.g., Internet.
• Note: to insure participation in class
discussions, Please read assigned materials
prior to the discussion of the topic.
TERM PAPER SUGGESTIONS
(Only “Suggestions”; See “Writing Papers” Web Site;
See Me in Doubt)
• Analyze Impact Of Law On Your/A Professional Field
(EX: Medicine, Science, Engineering)
• Analyze Impact Of Specific Roles In The Legal
System. (EX: Appellate Courts, Supreme Court, On
Some Aspect Of U.S. Life. Is It “Interpretation”? or
“Making Law”?)
• Analyze Views of Some Sociological/Legal/
Jurisprudential Scholar (Max Weber, Morris &
Hawkins, Lon Fuller, Donald Black) Would They Make
For A Better (Worse) System?
MORE TERM PAPER IDEAS
• Select A Section Of The U.S. Constitution &
Impact On Segment Of Society (BALANCED!)
– Impact Of The 6th Amend ("Speedy Trial") On C.J.
– 4th Amend ("Search And Seizure"), 5th Amend
("Due Process," "Self Incrimination“) On C. J.
– 1st Amend: Impact on Freedom Of Speech/ Press?
– 1st Amend:(“Establishment Of Religion”) Meaning?
– 15th Amend: (Citizenship & Race) Interpretations?
– 2nd Amend: "Right To Keep And Bear Arms“) Meaning?
STILL MORE TERM PAPER IDEAS
• Review Jury Research (Maybe Specific Types Of Cases
(Personal Injury, Medical Malpractice, Criminal)
• Role of Lawyer in The U.S. System: (Different Types;
What They Do; How Trained? Changes? Comparison
to Other Countries?) Good for Prospective Attys!
• Reasons for Proliferation of Legal Cases in the Past 34 Decades & Impact on U.S. Society
• Only Suggestions! Start Early!
INTRODUCTION TO TOPIC
• WHAT IS SOCIOLOGY OF LAW?
• AND WHAT ISN'T IT?
• DEFINITION OF LAW -- INTRODUCTION
WHAT SOCIOLOGY IS NOT!
• Sociology of Law is NOT a Course In The Law. Will
Not Tell You What The Law Is.
• Will Not Tell You What You Can (Or Cannot) Do
Under The Law.
• If This is Your Goal:
– Go To Law School
– Take a Course in the Particular Aspect of Law in Which
You Are Interested (C.J.; Social Welfare Law)
– Consult A Lawyer
– Do NOT Ask Me!
WHAT SOCIOLOGY OF LAW IS
• Attempt to analyze LAW as a SOCIAL PATTERN
• Analyze LAW as a Part of SOCIETY
• MODEL:
_____________________________________
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SOCIETY
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------->
<-------
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________
/ LEGAL \
\ SYSTEM /
\_______ /
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/
\ __________________________________ ____/
Arrows indicate the direction of change.
2 ASPECTS TO SOCIOLOGICAL
ANALYSIS OF LAW
• 1) LAW in its SOCIAL CONTEXT
• 2) LAW as a SOCIAL INSTITUTION
– A PATTERN of SOCIAL RELATIONS
1. LAW IN ITS SOCIAL CONTEXT
• Analyze The Impact Of Society On Law – How
Law Is Basically A Creation Of Society – How
Societal Norms (Rules) Are The Basis On
Which Law Rests
• Analyze The Impact Of Law On Society – How
Law Can Change Social Patterns
• Suggest Possible Alternatives To Specific Laws
And Legal Structures
2) LAW AS A SOCIAL INSTITUTION:
A PATTERN OF SOCIAL RELATIONS
• Institution Of Law Is Made Up Of A Number Of SOCIAL
ROLES.
• This Can Affect The Law And The Way It Operates In A
Number Of Ways:
– Which Specific Individuals In Society Hold These Roles?
– How Does This Influence The Law?
– What Are The Interrelations Among The Various Roles In
The Legal Institution ...
– How Litigants Relate To Prosecutors, Judges And Jurors, For
Example …
– And How Does This Affect Law?
A NOTE ON THE USE OF LAW AS A
MECHANISM OF SOCIAL CHANGE
• Law Is Often Seen Within Our Society As A
Means of Change In Society
• EX: Minority Groups Try to Enact New Laws …
or New Legal Interpretations of Current Laws…
to Achieve Access to Advantages Formerly
Denied to Them
• The Wealthy Use the Legal System to Improve
the Business Climate & Decrease Taxes
PROBLEMS OF LAW AS A
MECHANISM OF SOCIAL CHANGE
• Operates in an Extremely Slow Manner
• Change In a Law Does Not Automatically
Produce Change in Society
• To Produce Real Change It Must Achieve
Acceptance by Members of the Society
• This Is a Long Process – Generally Proceeds
from Younger Members (Introduced to New
Ideas in School; Grow Up with Them)
MORE PROBLEMS OF LAW AS A
MECHANISM OF SOCIAL CHANGE
• As Younger Members Move Into Their Daily Lives…
• Generally Encounter More Powerful Individuals Who
Control Social Structure…
• Most Of These Persons Have Yet To Accept These New
& Unpopular Ideas
• May Be Quite Resistant To Them
• Hence Change in Social Patterns…
• With or Without the Help of Law…
• Proceeds Slowly Up the Age Ladder of Society
EX: 1980s Attempt to Use Textbook Changes to
Encourage Gender Equality
• Illustrated in Following MODEL:
SOCIETAL AGE PYRAMID
& SOCIAL CHANGE
Age
90+ __
Levels 80-89 ____
70-79 pppppp
60-69 pppppppp
50-59 ppppppppp
40-49 ____________
30-39 ccccccccccccccc
20-29 ccccccccccccccccc
10-19 ccccccccccccccccccc
0-9 ____________________
Key:
ccc – "Changers" – Most Likely Changers
ppp – "Power Managers" – Powerful Persons Who Control Society
DEFINITION OF “LAW”
• Defined In a Number of Different Ways by
Different Authors …
• In Different Fields
• 3 Terms To Consider:
• Norm – a Rule For Behavior
– Not The Same as a Statistical Norm – E.g., "What He
Did Was Normal“
• Custom – What Is Commonly Done In a Group
• Law – a Specific Sub-Set of Norms (E.g., Rules For
Behavior)
NEXT TASK – NEXT WEEK
• Discuss the Manner in Which Several Different
Authors …
• In different Fields …
– Sociology – Anthropology – Law – Jurisprudence
• Define “LAW”