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The purpose of this book is to introduce the sociology of law by providing a coherent organization to the general body of literature in that field. As such, the text gives a comprehensive overview of theoretical sociology of law. It deals with the broad expanse of the field and covers a vast amount of intellectual terrain. This volume is intended to fill a gap in the literature. Most textbooks in the sociology of law are insufficiently theoretical or else do not provide a paradigmatic analysis of sociological theories. The content of this text consists of discussions of the works of scholars who have contributed the most to the cumulative development of the sociology of law. It surveys the major traditions of legal sociology but is not wedded to any one particular theoretical approach. Both the "classical," or nineteenth-century, and "contemporary," or twentieth-century, perspectives are covered. The reader will see that nineteenth-century thought has directly influenced the emergence of twentieth-century theory. One unique feature of this book is that key sociological and legal concepts, presented in bold print and italics, are defined, described, and illustrated throughout. Although the nature of the subject matter is highly theoretical and, at times, quite complex, Trevino values every effort to present the material in the most straightforward and intelligible form possible without compromising the integrity of the theories themselves. In short, this book aims to accomplish three objectives: inform about the progressive advancement of sociological theory, teach the reader to analyze the law as a social phenomenon, and develop in the reader a critical mode of thinking about issues relevant to the relationship between law and society.
The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to grouplegal mobilization politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research incause lawyering. It brings together the best of this research introduced by a detailed essay by the editor.
Violence motivated by racism, anti-Semitism, misogyny, and homophobia weaves a tragic pattern throughout American history. Fueled by recent high-profile cases, hate crimes have achieved an unprecedented visibility. Only in the past twenty years, however, has this kind of violence—itself as old as humankind—been specifically categorized and labeled as hate crime. Making Hate a Crime is the first book to trace the emergence and development of hate crime as a concept, illustrating how it has become institutionalized as a social fact and analyzing its policy implications. In Making Hate a Crime Valerie Jenness and Ryken Grattet show how the concept of hate crime emerged and evolved over time, as it traversed the arenas of American politics, legislatures, courts, and law enforcement. In the process, violence against people of color, immigrants, Jews, gays and lesbians, women, and persons with disabilities has come to be understood as hate crime, while violence against other vulnerable victims-octogenarians, union members, the elderly, and police officers, for example-has not. The authors reveal the crucial role social movements played in the early formulation of hate crime policy, as well as the way state and federal politicians defined the content of hate crime statutes, how judges determined the constitutional validity of those statutes, and how law enforcement has begun to distinguish between hate crime and other crime. Hate crime took on different meanings as it moved from social movement concept to law enforcement practice. As a result, it not only acquired a deeper jurisprudential foundation but its scope of application has been restricted in some ways and broadened in others. Making Hate a Crime reveals how our current understanding of hate crime is a mix of political and legal interpretations at work in the American policymaking process. Jenness and Grattet provide an insightful examination of the birth of a new category in criminal justice: hate crime. Their findings have implications for emerging social problems such as school violence, television-induced violence, elder-abuse, as well as older ones like drunk driving, stalking, and sexual harassment. Making Hate a Crime presents a fresh perspective on how social problems and the policies devised in response develop over time. A Volume in the American Sociological Association's Rose Series in Sociology
This completely revised edition updates and expands coverage of the new postmodernist and semiotic theories, while providing clear and concise summaries of other contemporary and classic theorists.
This collection of articles presents a critical, issue-oriented approach to law and society, emphasizing its important relationship to contemporary social problems. By exploring the interstitial area between the sociology of law, social problems and social movements, the initial chapters trace out a theoretical trajectory which points to the need to move beyond traditional and social constructionist approaches. A variety of empirical studies together explore the contradictory dynamics of class as they relate to race and gender in both a national and global context, illustrating the dialectical interplay between the state and social movements. Employing a wide range of perspectives so as to convey the great diversity found in the contemporary sociology of law and justice studies, these authors collectively share a broad consensus concerning the need to explore how social movements and the larger political economy play a pivotal role in shaping state reactions to the challenges presented by contemporary social problems. With its integrated presentation of theoretical perspectives and empirical studies, this unique anthology will be useful in a variety of sociology, criminology, and justice studies course offerings such Law and Society, Social Problems, Crime and Social Justice, Social Movements, Law and Social Control, Social Change, Law and Public Policy, Introduction to Legal Studies, and others. Undergraduate and graduate students alike will appreciate that these articles, selected for their academic rigor, are highly readable and strongly oriented towards high profile social issues, including those of class, race, and gender inequalities as well as social movement and legal struggles in community, national and global settings.
This is a timely new edition of Sharyn L Roach Anleu's invaluable introduction to the sociology of law and its role as a social institution and social process. Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society. The book: * provides coverage of major classic and contemporary social theories of law * is informed by empirical research drawn from several countries/societies * includes up to date and relevant examples This thoroughly updated edition engages with modern scholarship, and recent research, on globalization whilst also looking at related issues such as the internationalization of law and human rights. It explores recent reforms at local and national levels, including issues of migration and refugees, the regulation of 'anti-social' behaviour, and specialist or problem solving courts and also provides a clear, accessible introduction to research methods used in the socio-legal field. Direct and wide-ranging this text will be essential reading for students and researchers on social science and law courses and in particular, those taking sociology, legal theory, criminology and criminal justice studies.