SOCIOLOGY OF LAW Sociology 323: Fall 2011 Tues/Thur, 2:30pm-3:45pm Machmer, Room W-11 COURSE DESCRIPTION AND OBJECTIVES

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1 SOCIOLOGY OF LAW Sociology 323: Fall 2011 Tues/Thur, 2:30pm-3:45pm Machmer, Room W-11 Instructor: Professor Steven Boutcher Office: 702 Thompson Hall Office Hours: Thursdays, 4:00-5:00 pm And by appointment COURSE DESCRIPTION AND OBJECTIVES Law is everywhere. It structures our relationship to the state, the economy, and each other. Law is often thought about in terms of formal rules and regulations, for example, Congress passes a piece of legislation or the Supreme Court hands down a legal decision. However, law is also much broader than these examples suggest. Law structures society in subtle ways that most of us don t question or even notice. In this course, we will examine the different ways that socio-legal scholars theorize and study law and legal institutions. We will examine a variety of topics including the disputing process, the courts, the legal profession, and the relationship between law and social change. This course has two main objectives: 1) to provide a theoretical and empirical foundation for the sociological study of law, legal institutions, and legal actors and 2) to enhance critical thinking about the role of law and legal institutions in social life. READINGS: COURSE REQUIREMENTS You are required to read all of the material by the date assigned on the syllabus. If you find yourself falling behind, try to catch up as soon as possible. There is one (1) required books in this course in addition to other readings, which will be provided for you on the course website. 1) Sutton, John R Law/Society: Origins, Interactions, and Change. Thousand Oaks: Pine Forge Press. **The book is available at Food for Thought Books in downtown Amherst. You should also be able to find it through an online bookseller. ***Additional Readings must be downloaded from the course web site** 1

2 ASSIGNMENTS: I. IN-CLASS ACTIVITIES a. CLASS PARTICIPATION: Class participation is based on active participation in class discussions and your attendance in class. Attendance is expected and will be taken regularly throughout the semester. It is important that you attend having done the readings beforehand in order to facilitate lively discussions. If you find that you have to miss class for some reason, it is up to you to get notes from another student. I will not provide notes or detailed descriptions of what you missed while absent. b. IN-CLASS WORK: At different points during the semester, I may give in-class quizzes and activities (ex: writing responses) that cover course material. There will be no make-ups for these activities. II. WRITING RESPONSES Each student must complete three short reflection papers based on the readings from one of the days on the syllabus. You can choose which readings you write your reflection paper on, but each paper has to be from a different unit in the syllabus. For example, if you write your first reflection paper from a day s readings in unit II, you cannot turn in your second paper until we are in unit III. Each reflection paper should contain two things: 1) a summary of the day s readings and 2) a critical reaction to the reading. The paper only needs to be between 2-3 pages, doublespaced, 1-inch margins all around, and 12pt font. You must turn in your response papers through Turnitin through the course website. III. EXAMS: There will be three (3) exams during the semester, which may consist of a combination of short answers, multiple choice, and essays. Do everything in your power to attend the exam on the date scheduled. Make-ups will only be permitted under extreme, and unavoidable circumstances, and even in those cases, I may not approve a make-up exam. This class will be very difficult to pass if you do not attend the exams when scheduled. EXAM I October 4, 2011 EXAM II November 8, 2011 EXAM III December 8,

3 IV. HOMEWORK ASSIGNMENTS: There will be 2 homework assignments handed out during the semester. These will require you to work on your own outside of the classroom. Each assignment is due at the beginning of class on the date stated below. Late assignments will be penalized a letter grade for each day late. After the third day, I will no longer accept assignments. HW I October 25, 2011 HW II December 1, 2011 BREAKDOWN OF GRADES: Class Participation and In-Class Activities 15% Writing Responses (3 x 5%) 15% Examinations (3 x 20% each) 60% HW Assignments (2 x 5% each) 10% OTHER INFORMATION DISABILITY SERVICES: Students with a documented disability that need accommodation to attend, participate, or complete the course requirements should inform me at the beginning of the course so that we can make arrangements with the office of disability services. ACADEMIC HONESTY: I take academic honesty very seriously. If you are caught turning in work that is not your own, you will fail the assignment and will be dealt with according to university policy. If you are unsure what the policies regarding academic honesty are, please see: You have been warned! 3

4 CLASS SCHEDULE Unit I: The Lay of the Land Tuesday, 9/6 Introductions and Syllabus Thursday, 9/8 What is Sociology? What is Sociology of Law? [Sutton] Ch. 1 [Online] The Promise Tuesday, 9/13 Law 101 [Online] The Organization of Law Unit II: Theoretical Perspectives in the Sociology of Law Thursday, 9/15 Tuesday, 9/20 Thursday, 9/22 Tuesday, 9/27 Foundation I: Social Structural Approach Foundation II: Rationality, Capitalism and the Law Documentary Capitalism: A Love Story Foundation III Marx and Law. Thursday, 9/29 Sociological Jurisprudence and the Turn to Law in Action Tuesday 10/4 EXAM 1 [Sutton] Ch. 2 [Online] Dead Goats and Broken Betrothals [Sutton] Ch. 4 Sutton] Ch. 3 [Online] A Sociological Analysis of the Law of Vagrancy [Sutton] Ch. 5 Thursday, 10/6 Unit III: The Law in Everyday Life Legal Consciousness and Disputing [Online] The Rule of Law [Online] The Emergence and Transformation of Disputes Tuesday, 10/11 No Class Monday Schedule Thursday, 10/13 Legal Consciousness and [Online] Going to Court Disputing II Tuesday, 10/18 American Litigiousness: Do TBD Americans Sue Too much? Thursday, 10/20 Law and Inequality [Online] Why the Haves Come Out Ahead Unit IV: The Organization of Legal Practice 4

5 Tuesday, 10/25 Thursday, 10/27 Tuesday, 11/1 The Legal Profession HW I DUE Race and Gender in the Legal Profession Lawyers and the Public Interest [Online] An Overview of the American Legal Profession [Sutton] Ch. 8 [Sutton] Ch. 9 [Online] Why Are There So Few Black Lawyers in Corporate Law Firms? [Online] The No-Fee and Low-Fee Legal Practice of Private Attorneys [Online] The Public Defender Thursday, 11/3 Legal Education [Online] Making It and Breaking It Tuesday, 11/8 EXAM 2 Thursday, 11/10 Tuesday, 11/15 No Class Film Hot Coffee Thursday, 11/17 Images of Lawyers [Online] Lawyers and Popular Culture Unit V: Law and Social Change Tuesday, 11/22 Law and Social Change [Online] Liberty and Justice For All [Online] A Hollow Hope Thursday, 11/24 No Class - Thanksgiving Tuesday, 11/29 Film The Road to Brown [Online] Signals and Spillover [Sutton] Ch. 6 Thursday, 12/1 Legal Mobilization [Sutton] Ch. 7 HW II DUE Tuesday, 12/6 Law and LGBT rights [Online] Mobilizing in the Shadow of the Law Thursday, 12/8 Exam 3 5