NEW YORK CITY COLLEGE OF TECHNOLOGY City University of New York DIVISION OF LIBERAL ARTS DEPARTMENT OF SOCIAL SCIENCE SOC 2403 LAW and SOCIETY 3 cl. hrs. 3 cr. Prerequisites CUNY Certification in Reading and Writing and PSY 1101, S0C 1101, GOV 2401 or LS 201 Revised and edited Spring 2012 by Professor Panayotakis
2 LAW AND SOCIETY Course Description: Since the legal system was codified there has been an interaction between society and the law. The law is shaped by the values and customs of society, even as it also contributes to cultural change. This course is an attempt to investigate the dynamic interplay between various social systems and legal systems. Included is a discussion of both historical and contemporary socio-cultural legal systems, as well as a consideration of the pressures being brought to bear upon our own legal system to be more responsive to the particular needs of specific ethnic, sexual, and religious groups. Prerequisites CUNY Certification in Reading and Writing and PS 101, S0 101, GO 401 or LS 201 Course Intended Outcomes Demonstrate an understanding of the basic principles underlying the American legal system. Demonstrate an understanding of the connections between the legal system and the various spheres of social life, such as the economy, political system and family. Demonstrate an understanding of the interaction between social and cultural change, on the one hand, and legal change, on the other. Demonstrate an understanding of the ways in which the law both reflects and helps to challenge class, gender and racial inequalities. General education learning outcomes: 1. KNOWLEDGE: Develop an introductory knowledge of the concepts and theories deployed by sociologists in their analysis of the social factors shaping law and the legal system. 2. SKILLS: Develop and use the tools needed for communication, inquiry, analysis and productive work. 3. INTEGRATION: Work productively within and across disciplines. 4. VALUES, ETHICS AND RELATIONSHIPS: Understand and apply values, ethics, and diverse perspectives in personal, civic, and cultural/global domains. ASSESSMENT METHODS: Both the course-intended and the general education outcomes will be assessed through a combination of quizzes, exams, essays and oral presentations on in-class small group work.
3 The time allocated for each major subject in the course outline includes time spent in lecturing, discussion reviews for exams, review of exam results, recording attendance, as well as instruction on how to write papers and carry out research. In no case was the assumption made that the subjects would be covered in a specific sequence. The time allocations are to serve as approximations and are not to be rigidly adhered to. The Social Science faculty recognized that there are many valid educational reasons why deviation from time approximations would be ideal. These include but are not limited to student interest and recent development in the field. Students may be tested in may different ways, including essay examinations, short answer tests, book evaluations, and oral presentations. It is anticipated that the instructor will place heavy reliance upon methods which will test the students reading and writing skills, as entrance into Social Science courses is contingent on the student being certified in these areas. Standards of grading will be consistent with the standards listed in the college catalogue.
4 Behavioral Objectives I. The Social Context of Law A. Discuss the interaction between social conditions and law, and provide examples that illustrate this interaction. B. Identify the different sources of law in the United States, and explain how they relate to each other. C. Describe the different types of law in the United States, and give examples of each. D. Explain the difficulties of defining law, and debate the strengths and weaknesses of the various definitions that have been proposed. II. The Theoretical Context of Law A. Explore the debate between natural law theorists and positivists, and evaluate the strengths and weaknesses of each of these sides. B. Explain the difference between the universalism of natural law theories and the approach of cultural jurisprudence, and debate the strengths and weaknesses of each of these sides. C. Explain the utilitarian theory of law and how it relates to theories of deterrence. D. Discuss Marx s theory of law, and identify laws in the United States that illustrate Marx s claims. E. Discuss Weber s typology of legal decision making and debate whether contemporary types of legal decision making could be said to be more rational than the types of legal decision making prevalent in pre-modern societies. III. Cross-Cultural Context of Law A. Using specific examples, discuss the difference between the Romano-Germanic (Civil) Family of Law and the Common Law tradition underlying the legal system in the United States. B. Using specific examples, discuss the difference between the Socialist Family of Law and the Common Law tradition underlying the legal system in the United States.
5 C. Using Islamic law as an example, discuss the difference between the Religious or Philosophical Family of Law and the Common Law tradition underlying the legal system in the United States. D. Debate how well the legal systems of the following countries can be said to represent the families of law to which they belong: (i) France (ii) Japan (iii) Former USSR (iv) Saudi Arabia IV. Types of Law A. Explain the difference between crimes, torts and moral wrongs, and provide examples of each. B. Explain the difference between civil and criminal law, and provide examples of the types of behaviors that would be subject to each of these types of law. C. Discuss the main provisions of the U.S. Constitution and explain their rationale. D. Using the Bill of Rights as an example, explore the relationship between changing social conditions and the interpretation of the Constitution. V. Law and Social Control A. Identify the different mechanisms and processes through which social control is attained in American society. B. Distinguish between formal and informal social controls, and give examples of each. C. Discuss the different goals of punishment, and debate whether all of these goals are equally legitimate. D. Debate the strengths and weaknesses of civil commitment as an alternative to criminal sanctions. E. Provide examples of victimless crimes, and debate the desirability of decriminalizing some or all of these crimes.
6 VI. Law and Social Change A. Differentiate between law as dependent and independent variable in social change, and provide examples of cases in which law was the dependent variable and cases in which law was the independent variable. B. Discuss the advantages and limitations of law as an agent of social change, and provide examples of social problems that cannot be easily addressed by the adoption of new laws. C. Provide examples of laws that had negative unforeseen and unintended consequences. D. Provide examples of the resistance of vested interests to new legislation. VII. Gender, Race, Social Class, and Law A. Provide examples of laws that reflect gender inequalities as well as of laws aimed at reducing such inequalities. B. Provide examples of laws that reflect racial inequalities as well as of laws aimed at reducing such inequalities. C. Provide examples of laws that reflect class inequalities as well as of laws aimed at reducing such inequalities. D. Using the death penalty as an example, discuss how the interaction of class, race and gender affect an individual s probability of committing a crime as well as the treatment s/he is likely to receive by the criminal justice system. VIII. The Legal Profession A. By making reference to the historical evolution of legal systems, discuss the conditions that eventually led to the emergence of lawyers as a specialized profession. B. Making reference to the organization of the legal profession in other countries, debate the strengths and weaknesses of the way the legal profession is organized in the United States. C. Describe the Socratic method used in law schools and debate its strengths and weaknesses. D. Debate the usefulness of the requirement that law school graduates pass a standardized bar examination before they are able to practice.
7 Course Outline I. The Social Context of Law Interwoven Nature of the Three Reality Constructs (Social Conditions, Social Ideas and People) Legal Culture Defining Law Components of Law Sources of Law in the United States Types of Law Defining Law and Society II. The Theoretical Context of Law The Uses of Theory Influences from Legal Philosophy Natural Law Positivism Analytical Jurisprudence Cultural Jurisprudence Utilitarianism Legal Realism Influences from Sociology Talcott Parsons and the Structural Functions of Law Emile Durkheim s Theory of Legal Development Karl Marx s View of the Law Max Weber s Typology of Legal Decision Making Donald Black s Types of Social Control Critical Legal Studies Feminist Jurisprudence III. Cross-Cultural Context of Law Problems with Comparative Studies and Issues Romano-Germanic (Civil) Family of Law Socialist Family of Law Public versus Private Law Economic Crimes Educational Functions of Law
8 Role of the Procurator Political versus Nonpolitical Justice Mitigated Independence of the Judiciary Religious of Philosophical Family of Law Islamic Law Common Law Family of Law Examples of the Families of Law France Japan Former U.S.S.R Saudi Arabia IV. Types of Law Civil Law Criminal Law Characteristics of Criminal Law Characteristics of Criminal Behavior Insanity and the Insanity Defense U.S. Military Law General Court-Martial Special Court-Martial Summary Court Martial Constitutional Law U.S. Constitution Historical, Social, and Political Foundations The Constitutional Convention The Separation of Powers The Bill of Rights U.S. Tribal Law V. Law and Social Control Informal Social Controls Formal Social Controls Criminal Sanctions
9 Civil Commitment Crimes Without Victims Drug Addiction Prostitution Gambling White-Collar Crime Social Control of Dissent Administrative Law and Social Control Licensing Inspection Threat of Publicity VI. Law and Social Change Reciprocity Between Law and Social Change Social Changes as Causes of Legal Changes Law as an Instrument of Social Change Advantages of Law in Creating Social Change Legitimate Authority The Binding Force of Law Sanctions Limitations of Law in Creating Social Change Law as a Policy Instrument Morality and Values Resistance to Change Social Factors Psychological Factors Cultural Factors Economic Factors VII. Gender, Race, Social Class, and Law Gender and the Social Context of Law Race and the Social Context of Law
10 Native Americans African Americans Social Class and the Social Context of Law The Death Penalty as Illustration of the Intersection of Age, Race, Class and Gender VIII. The Legal Profession The Professionalization of Lawyers The Evolution of the American Legal Profession The Profession Today Where the Lawyers Are Private Practice Government Private Employment Judiciary Lawyers and Money Competition for Business Legal Services for the Poor and Not so Poor Law Schools Socialization into the Profession Bar Admission Bar Associations as Interest Groups Professional Discipline
11 REFERENCE LIST Abadinsky, H. Law and Justice: An Introduction to the American Legal System, 3 rd ed. Chicago: Nelson-Hall, 1995. Banakar, Reza, and Max Travers. (Eds.) An Introduction to Law and Social Theory. Oxford: Hart Publications, 2002. Beccaria, C. Essays on Crimes and Punishments. Indianapolis, IN: Bobbs-Merrill, 1963. Bentham, J. An Introduction to the Principles of Morals and Legislation. New York: Oxford University Press. Brady, D. & Kemp, K. Supreme Court abortion decisions and social change. Social Science Quarterly, 1976. Christie, N. Crime Control As Industry. Routledge, New York, N.Y. 2001. Dezalay, Yves, and Bryant G. Garth. (Eds.) Global Prescriptions: The Production, Exportation, and Importation of New Legal Orthodoxy. Ann Arbor: University of Michigan Press, 2002. Dressler, Joshua. (Ed.) Encyclopedia of Crime and Justice, 2 nd edition. New York: Macmillan Reference USA, 2002. Dusky, L. Still Unequal: The Shameful Truth About Women and Justice in America. New York: Crown Publishers, 1996. Fairchild, E. Comparative Criminal Justice Systems. Belmont, CA: Wadsworth, 1993. Holmes, O. W. The common law. Boston: Little Brown, 1963. Glover, J. Utilitarianism and Its Critics. Old Tappan, NJ: Prentice Hall, 1990. Katsch, M. E. Taking Sides: Changing Views on Controversial Legal Issues, 6 th ed. Guilford, CT: Dushkin Publishing, 1995. Kelsen, H. The pure theory of law. Berkeley: University of California Press, 1970. Lewis, A. Gideon s Trumpet. Birmingham, AL: Legal Classics Library, 1964. Otten, L. A. Women s Rights and the Law. Westport, CT: Praeger, 1993. Posner, R. Economic analysis of law. Boston: Little Brown, 1977. Posner, R. The economic approach to law. Texas Law Review. 1975, 53, 757-782.
12 Prejean, H. Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States. New York: Random House, 1993. Rush, G. E. The Dictionary of Criminal Justice, 4 th ed. Guilford, CT: Dushkin Publishing, 1994. Smart, Carol. Feminism and the Power of Law. London: Routledge, 2002. Terrill, R. J. World Criminal Justice Systems: A Survey, 3 rd ed. Cincinnati, OH: Anderson Publishing, 1997. Timasheff, Nicholas S. An Introduction to the Sociology of Law. New Brunswick, NJ: Transaction Publishers, 2002. Unger, R. M. The Critical Legal Studies Movement. Cambridge, MA: Harvard University Press, 1986.