Sociology of Law
SOCI 4830
Spring 2013
Professor Justine Tinkler
Office: 119C Baldwin Hall
Phone: 706-542-5497
Email: jtinkler@uga.edu
Class Meets: TTH 2-315 in 311 Baldwin
Office hours: TH 10-12 and by appointment
TA: Arlana Henry
Office: 402 Baldwin Hall
Email: akhenry@uga.edu
Office Hours: By appointment
Course description: This course explores major issues and debates in the sociology of
law. Topics include theoretical approaches to law, historical perspectives on the origins
of law; rationality and legal sanctions; normative decision making and morality; crime
and deviance; the "law in action" versus the "law on the books;" the roles of lawyers,
judges, and juries; and law and social change with particular emphasis on the American
civil rights movement.
Course Website: This course makes use of the eLearning Commons website (eLC). I
will post readings, course assignments, slides from lecture on the website, as well as any
announcements. Make sure to check the website regularly.
Texts:
1. Course Reader
2. Erikson, Kai. The Wayward Puritans (1966)
3. Steve Bogira, Courtroom 302: A Year Behind the Scenes in an American
Criminal Courtroom (2005)
The two books are available at the campus bookstore (for much cheaper used versions of
the books, go to: http://www.bestwebbuys.com/books/); the course reader is available at
Bel-Jean Copy/Print Center at 163 E. Broad St.; there are also required readings on the
course web site. Assigned Readings are listed by date in the syllabus, and can be found in
the texts, the course reader, or on the course web site. Additional readings may be
assigned from time to time, and/or assigned readings may be omitted. The syllabus is
provisional and is subject to revision as necessary.
Course Policies:
1. Getting to class late, sleeping, talking out of turn, reading, using your cell phone or
Blackberry for calls or text messaging, or otherwise being distracted and distracting,
are not acceptable classroom activities.
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2. Because they distract other students, laptop computers are not permitted in class
unless you notify me that you have a documented disability requiring their use. My
lecture slides will be available on eLC shortly before each class in case you want to
print them out and take notes on them.
3. Please let me know immediately if you have a health problem or disability that
necessitates leaving the room during class time, or if you have a conflict that
regularly prevents you from getting to class on time.
4. If you miss a class, please get notes from a classmate rather than asking me for notes.
You are responsible for all information communicated in class, whether or not
you are in attendance. In addition, information on scheduling changes, assigned
work, and grades will be emailed and/or posted on eLC. Please consult eLC before
contacting me.
5. All assignments must be completed on time. Written work must be spell-checked,
grammar-checked, and proofread: The quality of your writing will affect your grade.
6. Except with advance notice of an unavoidable, well-documented conflict, I will not
accept assignments if they are turned in late. Please plan your schedule accordingly
and allow extra time for unforeseen events.
7. The attempt to represent the work of another as the product of one’s own thought
whether the other’s work is published or unpublished, or simply the work of a fellow
student is plagiarism and a violation of academic policy. All academic work must
meet the standards contained in “A Culture of Honesty.” Students are responsible for
informing themselves about those standards before performing any academic work.
The policy can be viewed at http://honesty.uga.edu/ahpd/ACOH%20May%20'07.pdf.
Violators will be referred immediately to the Office of the Vice President for
Instruction.
8. I want you to do well in this class. If you become concerned about your grade, please
see me immediately. Do not wait until the end of the class when you have no more
work to complete that can raise your grade. When I return written work to you with a
grade, take some time to read my comments. If you have concerns, make an
appointment with me during office hours and come to the meeting having written
down your specific questions and/or comments.
Course requirements:
Grading will be based on a research exercise (30%), six in-class essay tests (50%), group
debate presentation (10%), and participation (10%).
Research exercise (30%): For this part of your course grade, you will get hands-on
experience in applying sociological methods and analysis to real-life situations. You will
collaborate with me on a real interview-based sociological research project. After
attending a mandatory, one-hour introduction/interviewer training (Feb. 5) for the
research project you will be joining, you will recruit a friend or acquaintance to complete
a 30-60 minute interview about her/his experience with physical aggression in public
drinking settings. The interview must be recorded (loaner recording equipment will be
available), and you will be responsible for accurately transcribing the interview (due
April 9). You will write a 4-page paper that relates what you learned in your interviews
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to ideas from the course (due April 18). Grading will be based on a spot check of your
transcription, an assessment of your interviewing skills based on specific expectations
laid out during the training session, and the quality of your written assignment. This
project allows you to gain experience in conducting research that furthers sociological
knowledge and will result in eventual analysis and likely publication by me and my
collaborator (Prof. Sarah Becker) if you choose to make your data available to our
research project (you will not be penalized in any way if you decide not to share your
data for our research purposes).
You will need to pass an online tutorial on conducting research with human subjects that
is required by the university before you can collect any data. Please go to:
http://www.ovpr.uga.edu/hso/training/ and click on the link for the “Human Subjects
Training”. You will need to register and then follow the directions on the site. The due
date for turning in your certificate of completion is January 24.
In-class Essays (50%): At six points in the semester selected randomly from eleven
possible days marked on the course schedule below, you will be asked to write an in-class
essay assessing your critical thinking about the course materials. Intended to replace
midterm and final exams, these essays will demonstrate your mastery of the course
material. The essay dates will not be announced in advance. To answer the essay
questions effectively, it is very important that you do the assigned readings for class on
time. You will be expected to engage insightfully with the assigned readings, as well as
other materials and ideas from the course in your answer. You should make sure to attend
class on the days when there may be an in-class essay. Your overall essay grade will be
an average of your five highest essay grades. If you are present for all six essays, your
lowest grade will be dropped. If you miss an essay for any reason (excused or not), the
other five grades will be averaged.
You will also have an optional in-class essay during the final exam period. The format
will be the same as the other in-class essays, but you will be responsible for discussing
material from the entire course. If you choose to take the final in-class essay, your overall
essay grade will be the average of the six highest grades – I will still drop your lowest
grade. The final exam is scheduled for Thursday, May 2, 330-630pm.
Make up essays will only be given on the rarest of circumstances. Emergency situations
will be handled on an individual basis. You must notify me in advance that there is a
very serious problem and I will decide if you are allowed to take a make-up. I reserve the
right to give an essay that is different from the essay the class had. Students who take
make-up essays, regardless of their reason for doing so, will not be eligible for the class
curve if there is one. Please do not take this course if you anticipate that you might
miss an essay day for any reason.
Attendance and Participation (10%): Students are expected to attend all lectures and to
complete all required readings. Material will be presented in the lecture that is not in the
readings and will be on the in-class essays. I will give in-class assignments periodically
throughout the semester. They will be graded as completed/not completed and will reflect
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your attendance. Please note that I grade these assignments in order to reward students
who show up on time and stay until the end of the class. Therefore, they will NOT be
announced in advance and may be given at the very beginning or end of class. Since
these assignments are essentially attendance checks, absolutely no make-ups will be
given. Your participation in whole-class and small-group discussions will also influence
your participation grade. I reserve the right to bump up the borderline grades of students
who participate actively in class discussions.
Debates (10%): We will hold 3 debates on controversial legal issues throughout the
semester. These debates will be organized around a topic taken from the book, Taking
Sides: Clashing Views on Controversial Legal Issues. The readings can be found in the
your course reader. Each student will be responsible for working with a team in leading
one debate. Grading will be based on my assessment of the presentation and the grades
assigned to you anonymously by your team members. See handout on course website for
more information on the structure of the debates.
Grading:
Letter Grade
A
AB+
B
BC+
C
CD
F
Average
94 - 100
90 - 93.99
87 - 89.99
83 - 86.99
80 - 82.99
77 - 79.99
73 - 76.99
70 - 72.99
60 - 69.99
59.99 and below
Extra Credit: You have two opportunities for extra credit – worth a half point each. We
will watch two movies in class. For extra credit, you can turn in a 1-page (single-spaced)
memo critically analyzing the movies with respect to course topics. EXTRA CREDIT
#1 DUE: Feb. 19; EXTRA CREDIT #2 DUE: April 23.
Disabilities:
Students requesting classroom accommodation must first register with the Disability
Resource Center. The resource center will provide documentation to the student who
must then provide this documentation to the Instructor when requesting accommodation.
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Part I.
Theoretical Foundations of the Sociology of Law
What is the relationship between law and society? Where does law come from? Does
law reflect social norms or does it arise from changes in material relations? Does law
reflect a general consensus about social order and social coordination or do more
powerful, elite groups in society use law to repress other groups in society?
Introduction to the Sociology of Law
January 8
no assignment
January 10
eLC: pp. 447-458, Vago, Researching Law in Society; pp. 1-18,
Law in Action.
Cultural, Structural, and Conflict Models
January 15
CR: pp.3-13, Kidder, The Origins of Law: Custom
eLC (link): Pew Forum: A Contentious Debate: Same Sex
Marriage in the U.S.
January 17
CR: pp. 17-28, Kidder, The Origins of Law: Structure.
January 22
Possible in-class essay day
eLC: pp. 891-923, Merry, Going to Court: Strategies of Dispute
Management in an American Urban Neighborhood.
January 24
**COPY OF HUMAN SUBJECTS CERTIFICATE DUE**
CR: pp. 31-45, Kidder, The Origins of Law: Conflict, the Critical
Perspective.
January 29
Possible in-class essay day
CR: pp. 49-68, Reiman, The Rich get Richer and the Poor get
Prison.
January 31
DEBATE: Should the Death Penalty be Abolished?
CR: Taking Sides, pp. 71-79.
February 5
Mandatory Interviewer Training
Part II.
Microfoundations of Legal Behavior
Why do people obey the law? Why do they sometimes break the law? How much do
legal sanctions matter? How rational are people in their decisions about obeying the law?
What are the sources of legitimacy and authority to which people respond?
Rational Choice, Morality, and Cognitive Decision Making
February 7
In-class movie
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February 12
eLC, 397-398, Friedman, The Deterrence Curve; 401-417, Ross,
Interrupted Time Series Studies of Deterrence of Drinking and
Driving.
February 14
Possible in-class essay day
eLC: pp. 418-21, Grasmick and Bursik, Conscience, Significant
Others, and Rational Choice: Extending the Deterrence Model; pp.
422-430, Tittle & Rowe Moral Appeal, Sanction Threat, and
Deviance ;
February 19
EXTRA CREDIT #1 DUE
eLC: pp. 1400-44. Nadler, Flouting the Law.
February 21
Possible in-class essay day
eLC: pp. 457-492. Tyler, Callahan, & Frost, Armed and
Dangerous?
eLC: 508-11, Milgram, Obedience to Authority: An Experimental
View.
February 26
Possible in-class essay day
Erikson, The Wayward Puritans, p. 3-29.
eLC: pp. 43-45, 55-62, 75-81, Reiman, The Rich get Richer and
the Poor Get Prison.
Part III.
The Law in Action
How does the way law works in its social context differ from the law “on the books” and
why does it differ? How do organizations and institutions filter and transform what law
means in action? How much do people rely on the law to resolve disputes? What else
matters besides law? How fair are various types of dispute resolution forums?
Criminal and Civil Dispute Resolution
February 28
Bogira, Courtroom 302
March 5
Possible in-class essay day
Bogira, Courtroom 302
March 7
Bogira, Courtroom 302
March 11-15
SPRING BREAK
March 19
eLC: pp. 631-637, Felstiner, Abel, and Sarat, The Emergence and
Transformation of Disputes: Naming, Blaming, and Claiming; pp.
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421-439, Bumiller, Victims in the Shadow of the Law: A Critique
of the Model of Legal Protection
March 21
DEBATE: Is there a litigation explosion?
CR: Taking Sides, pp. 97-109.
March 26
Possible in-class essay day
eLC: pp. 2-34, McCann et al., Java Jive: Genealogy of a Juridical
Icon
Part IV.
Institutional Actors: Lawyers, Courts, and Juries
What roles do we assume that lawyers, judges, and juries play? How accurate are those
assumptions? How powerful are these actors in determining who wins disputes? How do
the social backgrounds and cultural beliefs of lawyers, judges and juries matter? What
institutional limitations are there on lawyers, judges and juries, and how does this relate
to the legitimacy of the legal system?
Juries
March 28
Possible in-class essay day
CR: pp. 83-93, Walker, Spohn, and DeLone, The Color of Justice.
eLC: Burnett, Anatomy of a Verdict
http://query.nytimes.com/gst/fullpage.html?res=9D0DE4D91E3EF
935A1575BC0A9679C8B63&sec=&spon=&pagewanted=print
Lawyers/The Legal Profession
April 2
Possible in-class essay day
eLC: pp. 2-10, Galanter, Changing Legal Consciousness: The
View from the Joke Corpus.
Judges
April 4
eLC: pp. 752-767, Sunstein, Schkade, and Ellman, Ideological
Voting on Federal Courts of Appeals.
Part V.
Law and Social Change
Can legal rights bring about social change? How should we measure the effects of law on
social change? What are the mechanisms of social change through law?
April 9
**INTERVIEW TRANSCRIPT, DIGITAL RECORDING,
POST-INTERVIEW QUESTIONNAIRE**
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Film: The Road to Brown; no reading assignment
April 11
Possible in-class essay day
eLC: pp. 600-614, Rosenberg, Tilting at Windmills.
April 16
eLC: Gary Orfield and Chungmei Lee, Racial Transformations
and the Changing Nature of Segregation
April 18
**FINAL PAPER DUE**
Guest lecture
April 23
Possible in-class essay day
EXTRA CREDIT #2 DUE
CR: Edelman, Legal Ambiguity and Symbolic Structures:
Organizational Mediation of Civil Rights Law, pp. 133-140.
eLC: Dobbin, Kalev, & Kelly, Diversity Management in
Corporate America
April 25
DEBATE: Is Affirmative Action Constitutional?
CR: Taking Sides, pp. 143-150.
May 2
Final exam – optional in-class essay, 330pm
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