Legal Studies 184: Sociology of Law
Course Syllabus
Fall 2013
Dr. Hillary Berk
Office: Legal Studies Bldg., 2240 Piedmont Avenue, Room 114
Email: hberk@law.berkeley.edu
Office Hours: Tuesdays & Thursdays 1:00 – 2:00 p.m., or by appointment
Lectures: Tuesdays & Thursdays 3:30-5:00 in 220 Wheeler Hall
Graduate Student Instructor: Lindsay Parham (lindsay.parham@berkeley.edu)
I. Course Description and Objectives:
This course explores sociological understandings of law and legal institutions. We will address
questions such as: Why do societies have law? What is the relationship between law and social
norms or values? Is law a mechanism for coordinating human activity toward the common good, or
a vehicle for conflict and oppression? Why do people obey the law, and why do people punish
lawbreakers? When does law stabilize society, and when does law promote social change? Is
everyone equal under the law or does the law provide more resources to some social groups than to
others? Although sociological perspectives are emphasized, this course takes an interdisciplinary
approach that also includes psychology, political science, and legal scholarship. It also considers
gender, race, class, and other critical perspectives.
Note that I will lecture during our class meetings, but may periodically ask questions and invite
some group discussion. Therefore, please come to class having read and considered the material in
advance of each lecture. Your own experience depends, of course, on a personal motivation to learn
and engage with the themes of this course. I am most interested in supporting your curiosity for the
subject matter, your insights, and critical thoughts about it, which you will explore more deeply
during your discussion sections. I strive to bring to the classroom my utmost openness, enthusiasm,
commitment, and sensitivity. I would like the relationship to be reciprocal.
II. Required Materials
Law in Action: A Socio-Legal Reader, by Macaulay, Friedman & Mertz (2007)
The Buffalo Creek Disaster, by Gerald Stern (1976, 2008)
Course Reader, available at Copy Central (2576 Bancroft Way)
All materials in the reader will also be uploaded and available on our bSpace course website.
Readings are listed by date on the syllabus and can be found either in the Macaulay, Friedman, &
Mertz text (listed below as “MF&M”) or in the course reader/on bSpace (listed below as “bSpace”).
It is important that you keep up with the required reading and you may even want to read a bit
ahead. From time to time additional readings may be assigned, and/or assigned readings may be
omitted. Readings marked with an asterisk (*) are recommended only.
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III. Course Assessment and Grading
Short Essay 1 (3-5 pages)
Short Essay 2 (4-6 pages)
Midterm Exam
Final Exam
Participation and Attendance
15%
20%
20%
25%
20%
Attendance in lecture and participation in discussion sections are expected, assessed, and
rewarded, and vastly increase the quality and the overall enjoyment of the course!
Essays and exams will be based on both lecture and assigned reading materials. You are responsible
for all lecture materials and for any announcements made in class, whether or not you are present.
Also, there will be no additional screenings of the films presented throughout the semester. If
you miss class on one of these days you should ask a classmate to review their notes from that day.
You are also required to attend section meetings; 20% of your grade is based on section
attendance and participation. If you must miss lecture or section for a prolonged period due to
serious, documented illness or other emergent problem, you should speak with your GSI or to me as
soon as possible.
Tardiness: It is important we all arrive on time. Arriving to class late is disruptive to both me and
to your classmates. Repeated tardiness will result in a lower grade.
Policy and Thoughts on Assignments and Grading: Good readers make good writers, thinkers,
and professionals. All of the assigned readings are mandatory unless specified below as “optional,”
designated with an asterisk (*). Optional readings may be used to supplement required materials
when drafting your short essays. Required readings form the basis for the assignments and exams
you are asked to complete, demonstrating that you have read and thoughtfully considered the
material in light of lectures. More importantly, however, is your personal motivation to learn and
discuss class concepts and themes. If you are lured to the park on a sunny day, by all means enjoy!
But, may I suggest you bring your books and a pen or your computer along with you?
Short Essays: Essay 1 will be handed out in class on Thursday, September 12 and will be due at
the beginning of class on Thursday, September 26. Essay 2 will be handed out in class on Tuesday,
October 22 and will be due at the beginning of class on Thursday, November 14. With the
exception of documented extreme illness, late essays will not be accepted! If you do not hand in
an essay to your GSI by the beginning of the class period (3:40 p.m.) on which it is due, you will
receive zero points for the essay. Generally, if a personal matter prevents you from meeting course
deadlines, you must speak with me sufficiently in advance of that deadline, except in the case of a
genuine medical or other emergency.
Important: cell phones may not be used in any way during class, including texting, and may
not be used in exams, including as a watch or timekeeper, so plan ahead. We will also keep time for
you on the chalkboard during exams. Failure to comply with this policy will result in a lower grade.
Review page 12 on courtesy, and my use of technology in the classroom policy.
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IV. Course Schedule and Reading Assignments
Note: The schedule and assignments below are subject to modification.
Thurs Aug 29: Introduction to the Course
UNIT I: THE SOCIAL CONTEXT OF LAW
QUESTIONS FOR THIS UNIT:
 Broadly speaking, what is the relationship between law and society?
 More specifically, how is law:
a) a reflection of culture;
b) a reflection of social structure;
c) a tool of domination; or
d) a form of hegemonic control?
 What is the difference between law as instrumental and law as constitutive?
 What is the Law and Society Movement?
Tues Sept 3: Law and Custom (Cultural Perspective)
Robert L. Kidder, (1983) “The Origins of Law: Custom,” Chapter 3 in Connecting Law and
Society, pp. 36-57 [bspace]
*Bohannon, Paul (1973), “The Differing Realms of Law,” in Black & Meleski (eds.)
The Social Organization of Law. New York: Seminar Press, pp. 306-316 [bspace].
Thurs Sept 5: Law and Social Structure (Structural Perspective)
Robert L. Kidder (1983), “The Origins of Law: Structure,” Chapter 4 in Connecting Law
and Society, pp. 58-82 [bspace].
*Schwartz, Richard (1954), “Social Factors in the Development of Legal Control: A
Case Study of Two Israeli Settlements,” Yale Law Journal, 63:471-491 [bspace]
Tues Sept 10: Law and Social Class (Conflict Perspective)
Kidder (1983), “The Origins of Law: Conflict, the Critical Perspective,” Chapter 5 in
Connecting Law and Society, Chapter 5, pp. 83-110 [bspace].
Chambliss, W. J. (1964), “A Sociological Analysis of the Law of Vagrancy,” Social
Problems, 12: 67-77, excerpt from Treviño, A.J. (1996), The Sociology of Law, pp. 373-380
[bspace].
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*Hunt, Alan (1993), “Critical Legal Theory and Marxism,” “Legitimation and Legal
Ideology,” pp. 145-150 in Explorations in Law and Society: Toward a Constitutive
Theory of Law, New York: Routledge [bspace].
*Cotterrell, Roger (1992), “Law and Ideology” “Legal Individualism,” “Law in
Corporate Society,” pp. 114-127 in The Sociology of Law: An Introduction, 2nd ed.
London: Butterworths [bspace].
Thurs Sept 12: Law as Ideology (Constitutive Perspective)
Gabel, Peter & Jay Feinman (1998), “Contract Law as Ideology,” pp. 497-510 in D. Kairys
(ed.) The Politics of Law: A Progressive Critique. New York: Pantheon [bspace].
Sarat, Austin & Thomas R. Kearns (1993), “Beyond the Great Divide: Forms of Legal
Scholarship and Everyday Life,” pp. 21-32 in A. Sarat & T.R. Kearns (eds.) Law in
Everyday Life. Ann Arbor, MI: University of Michigan Press [bspace]
Essay 1 will be handed out in class on Thursday September 12 and will be due at the
beginning of class on Thursday, September 26.
Tues Sept 17: The Development of Contemporary Sociology of Law
MF&M, Chapter 1, pp. 1-18.
Sutton, John, “An Introduction to the Sociology of Law” Chapter 1 (pp 1-21) in
Law/Society: Origins, Interactions, and Change [bspace]
* Treviño, A. Javier (1996) “Chapter 3: The Sociological Movement in Law,” pp.
55-75 in The Sociology of Law [bspace].
UNIT II: DISPUTING
QUESTIONS FOR THIS UNIT:
 What is the process through which disputes emerge?
 How and why do people mobilize (or not mobilize) the law?
 What are the various modes of dispute resolution?
 How do social advantages and disadvantages matter in dispute resolution?
Begin reading Gerald Stern: The Buffalo Creek Disaster
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Thurs Sept 19: Legal Mobilization -- Disputes as Social Constructs
Felstiner, William, Richard Abel, and Austin Sarat (1981), Chapter 15 in Sarat (pp.99-104)
in in Sarat, The Social Organization of Law. [bspace]
Hadfield, Gillian “Framing the Choice Between Cash and the Courthouse: Experiences with
the 9/11 Victim Compensation Fund” Law and Society Review 2008, 42(3)645-682 [bspace].
*Bumiller, Kristin (1986), "Victims in the Shadow of the Law: A Critique of the
Model of Legal Protection," Signs, 12:3-16 [bspace]
Tues Sept 24: Informal Civil Disputing – Bargaining
Mnookin, Robert & Lewis Kornhauser (1979), “Bargaining in the Shadow of the Law: The
Case of Divorce,” Yale Law Journal 88:950-997 [excerpt & notes in bspace].
Macaulay, Stewart (1963), “Non-contractual Relations in Business: A Preliminary Study,”
American Sociological Review 28:55-68 [excerpt and notes in MF&M: 75-92].
Thurs Sept 26: Introduction to Dispute Mobilization and Resolution
Film: Making Monkey Business
Essay 1 due at the beginning of class. (No reading assignment)
Tues Oct 1: Disputing and Dispute Mobilization in Communities
Ellickson, Robert C. (1986), "Of Coase and Cattle: Dispute Resolution Among Neighbors
in Shasta County," Stanford Law Review, 38:623-687 [bspace]. Read only: pp. 624-620,
636-650, 657-687.
Sally Engel Merry (1979), "Going to Court: Strategies of Dispute Management in an
American Urban Neighborhood" 13 Law & Society Review 891. [Excerpt and notes in
MF&M pp 145-161].
Thurs Oct 3: Power in Litigation and Alternative Dispute Resolution
Galanter, Marc (1974), “Why the ‘Haves’ Come Out Ahead: Speculation on the Limits of
Legal Change,” Law and Society Review 9: 95-160 [bspace]. Read only pp. 95-124.
Edelman, Lauren, Howard S. Erlanger, and John Lande (1993), “Internal Dispute
Resolution: The Transformation of Civil Rights in the Workplace,” Law and Society Review
27:497-534 [bspace].
Film: Justice for Sale
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Tues Oct 8: Corporate Power and Dispute Resolution
September 29: McCann, Michael, William Haltom, & Anne Bloom (2001), “Java Jive:
Genealogy of Juridical Icon,” Univ. of Miami Law Review 56: 113 [excerpt and notes in
MF&M: 216-251].
Film: Hot Coffee
Thurs Oct 10: The Buffalo Creek Disaster
Stern, Gerald, The Buffalo Creek Disaster (finish reading)
Tues Oct 15: Review
Thurs Oct 17: Midterm Exam (in class)
UNIT III: LEGAL ACTORS AND SOCIAL INEQUALITY
QUESTIONS FOR THIS UNIT:

What roles do various actors play in the legal system?

How do those roles diverge from what the formal model would predict?

How do juries make decisions?

How do judges, lawyers, and juries help to perpetuate or constrain social
inequality and social change?
Tues Oct 22: Lawyers and Social Stratification
Stewart Macaulay, “Lawyers and Consumer Protection Laws,” Chapter 20 (pp. 131-143) in
Sarat, The Social Organization of Law. [bspace]
Herbert M. Kritzer, “The Justice Broker,” Chapter 21 (pp.144-149 in in Sarat, The Social
Organization of Law. [bspace]
Heinz, John P., and Edward O. Laumann, Chicago Lawyers: The Social Structure of the
Bar. New York: Russell Sage Foundation (1994) Excerpt (pp.27-33) from Lawyers: A
Critical Reader, R. Abel, ed. (1997) [bspace].
Seron, van Ryzin, Frankel, and Kovath, “The Impact of Legal Counsel on Outcomes for
Poor Tenants in New York City’s Housing Court: Results of a Randomized Experiment”
Law & Society Review 2001, 35(2): 419-434. Excerpt Chapter 22 (pp.150-155 in in Sarat,
The Social Organization of Law. [bspace]
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*Sauder and Lancaster, “Do Rankings Matter? Effects of US News and World
Report Rankings on Admissions of Law Schools” Law & Society Review 2006 40(1)
[bspace].
Essay 2 will be handed out in class on Tuesday October 22 and will be due at the beginning of
class on Thursday November 14.
Thurs Oct 24: How Impartial are Judges?
Introduction to section on judges, MF&M: 729-731.
Posner, Richard, “What Am I? A Potted Plant?,” The New Republic, September 18, 1987
[excerpt & notes in MF&M: 777-789].
Lauren Edelman, Linda Krieger, Scott Eliason, Catherine Albiston, and Virginia Mellema
(2011), “When Organizations Rule: Judicial Deference to Institutionalized Organizational
Structures” American Journal of Sociology 117(3): 888-954 [bspace]. You only need to read
pp.888-903.
Tues Oct 29: Juries as Social Conscience
Phoebe C. Ellsworth, “Are Twelve Heads Better Than One” Chapter 39 (pp.322-329) in
Sarat, The Social Organization of Law. [bspace]
Michael D. Weiss and Karl Zinsmeister, “When Race Trumps Truth in Court,” Chapter 41
(pp.335-340) in Sarat, The Social Organization of Law. [bspace]
Burnett, D. Graham, “Anatomy of a Verdict: The View from a Juror’s Chair,” The New York
Times Magazine, August 26, 2001, Section 6, page 32 [bspace].
Film: Inside the Jury Room
Thurs Oct 31 and Tues Nov 5: The Limits of Regulation - Individuals
Tyler, Tom, “Public Mistrust of the Law: A Political Perspective,” Univ. of Cincinnati Law
Review 66:847 (1998), SECTION IV ONLY [MF&M: 472-474].
Tittle, Charles and Alan Rowe (1983), “Moral Appeal, Sanction Threat, and Deviance: An
Experimental Test,” Social Problems 20:488 [excerpt & notes in MF&M: 422-431].
Schultz, Mark F., “Fear and Norms and Rock & Roll: What Jambands Can Teach Us about
Persuading People to Obey Copyright Law,” Berkeley Technological Law Journal 21: 651
(2006) [excerpt & notes in MF&M: 431-466].
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*Gibbs, Jack (1986), “Deterrence Theory and Research,” in G. Melton (ed.) The Law
as a Behavioral Instrument. Lincoln, NB: University of Nebraska Press [excerpt
and notes in MF&M: 369-371].
*Friedman, Lawrence (1975), “The Deterrence Curve,” in The Legal System: A
Social Science Perspective. New York, NY: Russell Sage [excerpt and notes in
MF&M: 397-401].
* Milgram, Stanley (1978), Obedience to Authority: An Experimental View [excerpt
and notes in MF&M:508-515].
*Nadler, Janice (2005), “Flouting the Law," 83 Texas Law Review 1399 [excerpt and
notes in MF&M: 486-507].
Thurs Nov 7: The Limits of Regulation - Organizations
Lauren B. Edelman, Sally Riggs Fuller, and Iona Mara-Drita, “Diversity Rhetoric and the
Managerialization of Law” 106 American Journal of Sociology 1589 (2001). [Excerpt and
notes in MF&M, pp.270-285].
Mark C. Suchman and Lauren B. Edelman, “Legal Rational Myths: The New
Institutionalism and the Law and Society Tradition.” 21 Law and Social Inquiry 903 (1997).
[Excerpt and notes in MF&M, pp.521-527].
Mark C. Suchman and Mia L. Cahill, “The Hired Gun as Facilitator: Lawyers and the
Suppression of Business Disputes in Silicon Valley” 21 Law and Social Inquiry 679 (1996).
[Excerpt and Notes in MF&M, pp. 861-888].
UNIT IV: LAW, INEQUALITY, AND SOCIAL CHANGE
QUESTIONS FOR THIS UNIT:
 What is the relationship between social change and legal change?
 How do legal rights matter?
 How valuable are legal rights?
 How do class, race, and gender matter in the legal system?
Tues Nov 12: Law and Social Change
Lawrence M. Friedman and Jack Ladinsky, “Social Change and the Law of Industrial
Accidents” 67 Columbia Law Review 50. [Excerpt in MF&M pp.195-210].
Zemans, Frances Kahn (1983), “Legal Mobilization: The Neglected Role of Law in the
Political System,” American Political Science Review 77:690-703 [bspace].
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Thurs Nov 14: Courts as Institutions of Social Change
Gerald N. Rosenberg, “Tilting at Windmills: Brown II and the Hopeless Quest to Resolve
Deep-Seated Social Conflict Through Litigation.” 24 Law and Inequality 31 (2006).
[Excerpt and Notes in MF&M, pp. 600-614].
Michael W. McCann, “Reform Litigation on Trial” 17 Law and Social Inquiry 715-743.
[bspace]. Read pp 715-719 and 730-741.
Film – The Road to Brown
Essay 2 due at the beginning of class.
Tues Nov 19: The Rights Debate
Laura Beth Nielsen, “The Work of Rights and the Work Rights Do: A Critical Empirical
Approach" Chapter 4 in in Austin Sarat, ed. The Blackwell Companion to Law and Society
(2004) [bspace]
Patricia J. Williams, “Alchemical Notes: Reconstructing Ideals from Deconstructed Rights.”
Harvard Civil Rights-Civil Liberties Law Review (1987). Part I (A Bit of CLS Mythology)
and Part II (A Tale With Two Stories) [bspace]
*Mark Tushnet, “An Essay on Rights” (1984) Texas Law Review, Part I (The
Critique of Rights) [bspace]
Thurs Nov 21: Gender, Law, and the Construction of Family
Kristin Luker, “Motherhood and Morality in America,” Chapter 8 (pp. 192-215) in Abortion
and the Politics of Motherhood (1984) [bspace]
Susan Markens, “Moral Conundrums and Menacing Ambiguities,” Chapter 3 (pp. 77-101)
in Surrogate Motherhood and the Politics of Reproduction (2007) [bspace]
Jeanne Flavin, “Bad Mothers: Incarcerated Women’s Ties to Their Children,” Chapter 7 (pp.
139-163) in Our Bodies, Our Crimes: The Policing of Women’s Reproduction in America
(2009) [bspace]
*Naomi Cahn, “Reproducing Dreams,” Chapter 10 (pp. 147-158) in Goodwin, Baby
Markets (2010) [bspace]
*Carmel Shalev, “Women’s Economic Being,” end of Chapter 8 (pp. 152-166) In
Birth Power (1989) [bspace]
*Dorothy Roberts, “Race and the New Reproduction,” Chapter 28 (pp. 308-318) in
Ehrenreich (ed) The Reproductive Rights Reader (2008).
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Tues Nov 26: Gender and Social Change
Film - The Grey Area: Feminism Behind Bars
or Made in India
Thurs Nov 28: Thanksgiving Holiday (No Class)
Tues Dec 3: Class and Legal Consciousness // Race, Law, and Intersectionality
White, Lucie E., “Subordination, Rhetorical Survival Skills, and Sunday Shoes” Chapter 28
(pp. 222-242 in Sarat, The Social Organization of Law. [bspace]
*Munger, Frank “Dependency by Law: Welfare and Identity in the Lives of Poor
Women,” Chapter 29 (pp.242-255) in Sarat, The Social Organization of Law.
[bspace]
*Austin Sarat, “…The Law is All Over”: Power, Resistance and the Legal
Consciousness of the Welfare Poor. 2 Yale Journal of Law and the Humanities 343379 [bspace]
Rachel Best, Lauren B. Edelman, Linda Hamilton Krieger, Scott R. Eliason, “Multiple
Disadvantages: An Empirical Test of Intersectionality Theory in EEO Litigation”
Forthcoming in Law & Society Review (2011) [bspace]
*Kimberle Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black
Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist
Politics” University of Chicago Legal Forum 139 (1989) [bpsace]
Thurs Dec 5: Law and Social Movements
McCann, Michael, “Law and Social Movements,” in The Blackwell Companion to Law and
Society (A. Sarat, ed. 2004), pp 506-522 [bspace].
Tues Dec 10: Review
Thurs Dec 12: Final Class Meeting
FINAL EXAM: FRIDAY DECEMBER 20 from 7:00 – 8:30 p.m. (Note, the official schedule
for this class is 7-10 p.m., but we will only use 90 minutes, beginning at 7 p.m.). Check for location
of final exam, which will also be announced in class.
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V. A Word About Essays and Academic Dishonesty
All essays are to be typed and should include a bibliography or works cited page of the readings
used. You may include either footnotes or citation to the author and page number within the text of
your essay. For example, you might write: Some critics assert that pornography represents, and
thus perpetuates the subordination of women, even though the acts are pictorial (MacKinnon, 2627). You may cite either the page number of the document as formatted by the reader, or use the
original document's pagination.
Please make sure to use a readable font (ones used in advertisements and for most "design" type
projects are typically not great for formal essays). Font size should be 12 point, in a professional
font style. Essays are to be double-spaced, and should have 1-inch margins. All work is to be
stapled, and no plastic covers or folders are necessary.
Since there are various components to the writing process, I'll expect that you take the time to revise
and proofread your essays. These are separate tasks. Essays that contain numerous errors in
proofreading will be returned to you without an evaluation. You will need to fix these errors and resubmit the paper to your GSI.
You may not plagiarize under any circumstances. Plagiarism is stealing or passing off as one’s
own the ideas or words of another, or using a creative production by another person without
properly citing its source. If you are unclear as to what constitutes plagiarism, you should speak to
us about it, and immediately review Academic Honesty: A Guide for Students, prepared by the
Office of Student Conduct, which provides information on academic integrity and social conduct at
UC Berkeley.
You may access the Code of Student Conduct online at:
http://students.berkeley.edu/uga/conduct.asp
Remember, ignorance of the law is no excuse!
VI. Office Hours
I maintain an open-door communication policy. Office hours are an opportunity for you to ask
questions about the material that may not be clear from lecture following section discussions, or to
express insights or challenges you are having in the class and your journey as a student of legal
studies and other related majors. If you cannot make my office hours, please contact me about
scheduling an appointment.
VII. Grade Dispute Policy
If you wish to dispute grades on an essay or exam, you must do so in writing, clearly identifying
each issue that you dispute and your rationale for why the grade should be reconsidered. Grade
disputes must be submitted to your GSI first. Please be aware that we may lower, as well as raise
grades, after reviewing essays and exam responses.
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VIII. Email Policy and bSpace
Please reserve emails for urgent communications or administrative concerns. Please bring
substantive questions to my office hours. Email is not an appropriate forum for substantive
questions, which requires a conversation. I typically respond to emails within 24 hours.
I intend to send group announcements via email through bSpace. I may also post general
announcements and add resources to bSpace, so please check our bSpace page twice a week to
ensure you are up-to-speed on class communications.
IX. Accommodation Policy
Please contact your GSI as soon as possible if you need any special accommodation for this class.
If you require accommodations, be prepared to provide us with a copy of your accommodation
letter.
Some associated campus resources:
Disabled Students Program (DSP): http://dsp.berkeley.edu
Campus Access Guide: http://acads.chance.berkeley.edu/CAG
X. Courtesy, Technology Policy, Participation, Etc.
Cell phones, texts, chatting online, and web surfing are annoying distraction. Please turn off
all devices before entering class! Looking at PDF versions of the reading or taking notes in a
word processing program are acceptable uses of the computer. Looking at sports scores, Facebook,
or OK Cupid are not! I will ask you to leave class if I observe you texting or using the computer for
these inappropriate purposes.
Separately, since I have professional background in conflict management, I realize that each of us
has a unique communication style. Some of you may feel concerned or anxious about speaking in
class in front of your professor, GSI, or your peers. While I acknowledge this is a reality for you, I
ask that you view participation in section as an opportunity to expose yourself to a different way of
being – a way you are likely to regularly encounter after you complete your time as a student at Cal.
Often shy students make insightful comments when they muster up the courage to speak.
XI. Additional Writing Resources
Purdue Online Writing Lab (OWL) link: http://owl.english.purdue.edu/
UC Berkeley Student Learning Center link: http://slc.berkeley.edu/general/index.htm
The University of Wisconsin Madison Writer’s Handbook link:
http://writing.wisc.edu/Handbook/index.html
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