Social Forces And The Law
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Author | : Roscoe Pound |
Publisher | : Transaction Publishers |
Total Pages | : 192 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9781560009160 |
In Social Control Through Law Roscoe Pound formulates a list of social-ethical principles with a three-fold purpose. First, they are meant to identify and explain human claims, demands, or interests of a given social order. Second, they express what the majority of individuals in a given society want the law to do. Third, they are meant to guide the courts in applying the law. Pound distinguishes between individual interests, public interests, and social interests. He warns that these three types of interests are overlapping and interdependent and that most claims, demands, and desires can be placed in all three categories. Pound's theory of social interests is crucial to his thinking about law and lies at the conceptual core of sociological jurisprudence.
Author | : Joel Samuel Migdal |
Publisher | : Cambridge University Press |
Total Pages | : 352 |
Release | : 1994-08-26 |
Genre | : Political Science |
ISBN | : 9780521467346 |
This eminently readable 1994 collection of high-quality, country-specific essays on Third World politics provides, through a variety of well-integrated themes and approaches, an examination of 'state theory' as it has been practised in the past, and how it must be refined for the future. The contributors go beyond the previously articulated 'bringing the state back in' model to offer their own 'state-in-society' approach. They argue that states, which should be disaggregated for meaningful comparative study, are best analysed as parts of societies. States may help mould, but are also continually moulded by, the societies within which they are embedded. States' capacities, further, will vary depending on their ties to other social forces. And other social forces will be capable of being mobilised into political contention only under certain conditions. Political contention pitting states against other social forces may sometimes be mutually enfeebling, but at other times, mutually empowering.
Author | : Kevin Escudero |
Publisher | : NYU Press |
Total Pages | : 201 |
Release | : 2020-03-03 |
Genre | : Social Science |
ISBN | : 1479834157 |
Finalist, 2020 C. Wright Mills Award, given by the Society for the Study of Social Problems Honorable Mention, 2021 Asian America Section Book Award, given by the American Sociological Association An inspiring look inside immigrant youth’s political activism in perilous times Undocumented immigrants in the United States who engage in social activism do so at great risk: the threat of deportation. In Organizing While Undocumented, Kevin Escudero shows why and how—despite this risk—many of them bravely continue to fight on the front lines for their rights. Drawing on more than five years of research, including interviews with undocumented youth organizers, Escudero focuses on the movement’s epicenters—San Francisco, Chicago, and New York City—to explain the impressive political success of the undocumented immigrant community. He shows how their identities as undocumented immigrants, but also as queer individuals, people of color, and women, connect their efforts to broader social justice struggles today. A timely, worthwhile read, Organizing While Undocumented gives us a look at inspiring triumphs, as well as the inevitable perils, of political activism in precarious times.
Author | : Lawrence M. Friedman |
Publisher | : Russell Sage Foundation |
Total Pages | : 347 |
Release | : 1975-08-01 |
Genre | : Law |
ISBN | : 1610442288 |
Examines the impact of social forces on the legal system and how the rules and orders promulgated by that legal system affect social behavior. Dr. Friedman explores the relationship between class structure and the work of legal systems in the light of the existing literature and analyzes the influence of the cultural elements contained in a legal system. In a comprehensive analysis of the concept of legal culture, the author sheds new light on the development of our legal norms and the types of legal systems which prevail in a democracy.
Author | : Roscoe Pound |
Publisher | : |
Total Pages | : 92 |
Release | : 1911 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Raymond Wacks |
Publisher | : OUP Oxford |
Total Pages | : 169 |
Release | : 2014-02-27 |
Genre | : Law |
ISBN | : 0191510637 |
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author | : Brian Gran |
Publisher | : John Wiley & Sons |
Total Pages | : 198 |
Release | : 2021-01-07 |
Genre | : Social Science |
ISBN | : 1509527885 |
Children’s rights appear universal, inalienable, and indivisible, intended to advance young people’s interests. Yet, in practice, evidence suggests the contrary: the international framework of treaties, procedures, and national policies contains fundamental contradictions that weaken commitments to children’s real-world protections. Brian Gran helps us understand what is at stake when children’s rights are compromised. This insightful text grounds readers in core theories and key data about children’s legal entitlements. The chapters tackle central questions about what rights accrue to young people, whether they advance equality, and how they influence children’s identities, freedoms, and societal participation. Ultimately, this book shows how current frameworks hinder young people from possessing and benefiting from human rights, arguing that they function as cynical invitations to question whether we truly believe children are endowed with human rights. The Sociology of Children’s Rights offers a critical and accessible introduction to understanding a complex issue in the contemporary world, and is a compelling read for students and researchers concerned with human rights in sociology, political science, law, social work, and childhood studies.
Author | : Tom R. Tyler |
Publisher | : Oxford University Press |
Total Pages | : 281 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0190644141 |
Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.
Author | : Martin J. Sklar |
Publisher | : Cambridge University Press |
Total Pages | : 502 |
Release | : 1988 |
Genre | : Antitrust law |
ISBN | : 9780521313827 |
Through an examination of the judicial, legislative, and political aspects of the antitrust debates in 1890 to 1916, Sklar shows that arguments were not only over competition versus combination, but also over the question of the relations between government and the market and the state and society.
Author | : Matthew Clair |
Publisher | : Princeton University Press |
Total Pages | : 320 |
Release | : 2022-06-21 |
Genre | : Social Science |
ISBN | : 069123387X |
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.