SOC 5810: LAW & SOCIETY

1. 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

2. 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

3. COURSE DESCRIPTION • 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

4. COURSE OBJECTIVES • 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

5. BASIC INFORMATION • 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 16207CRJ 5810 – Section ID 16208

6. 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.

7. 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

8. 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.

9. 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.).

10. 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.

11. 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?

12. 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?

13. 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 3-4 Decades & Impact on U.S. Society • Only Suggestions! Start Early!

14. INTRODUCTION TO TOPIC • WHAT IS SOCIOLOGY OF LAW?  • AND WHAT ISN'T IT? • DEFINITION OF LAW -- INTRODUCTION

15. 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!

16. WHAT SOCIOLOGY OF LAW IS • Attempt to analyze LAW as a SOCIAL PATTERN • Analyze LAW as a Part of SOCIETY • MODEL:          _____________________________________        /                                                                           \       /                                                                              \     /                                                                                 \  /                                                 ________                 \ /                                ------->        /  LEGAL   \               \ \           SOCIETY    <-------      \ SYSTEM /                / \                                                  \_______ /                  /   \                                                                                     /    \                                                                                  /     \                                                                                /       \ __________________________________ ____/                Arrows indicate the direction of change.

17. 2 ASPECTS TO SOCIOLOGICAL ANALYSIS OF LAW • 1)  LAW in its SOCIAL CONTEXT • 2)  LAW as a SOCIAL INSTITUTION – A PATTERN of SOCIAL RELATIONS

18. 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

19. 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?

20. 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

21. 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)

22. 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 SocietyEX: 1980s Attempt to Use Textbook Changes to Encourage Gender Equality • Illustrated in Following MODEL:

23. 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

24. 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)

25. NEXT TASK – NEXT WEEK • Discuss the Manner in Which Several Different Authors … • In different Fields … • Sociology – Anthropology – Law – Jurisprudence • Define “LAW”