Course Description
The nature of law and the ways the legal system reflects its broader social context.
Athena Title
Sociology of Law
Semester Course Offered
Offered every year.
Grading System
A - F (Traditional)
Course Objectives
Law is inseparable from the interests, goals, and understandings that deeply shape or compromise social life. Law also reflects the intellectual, social, economic, and political climate of its time. The first objective is to examine patterns and styles of social control by considering the role of instinct and the role of culture. A second objective is to examine the evolution of human society and how the social structure of society has changed and created the needs for new techniques of social control. Finally, as a conclusion to this introductory material, students will be exposed to differing definitions of law and the need for law. The second part of the course will focus on the historical development of Common Law and the implications of justice in Common Law countries. Students will also be exposed to European or Germanic-Romano law and explore the differing ways that legal systems can function. The last part of the introductory material will entail a cursory examination of legal philosophies. The second part of the course will be an examination of law applied in diverse settings. The power of the DSM IV in defining mental illness and dictating the outcome of mental illness court procedures will be considered in depth. Secondly, the functioning of the criminal justice system and its relation to the doctrine of deterrence will be discussed. Thirdly, the Supreme Court's struggle to protect free speech and yet restrict obscene materials will be examined along with the scientific evidence relating violence and pornography.
Topical Outline
1. Basic issues in the study of social control Instinct vs. culture Custom vs. law The need for social control 2. Major legal systems in the world Theocracies Common law Civil law 3. Jurisprudence Natural law Analytical positivism Legal realism Sociological jurisprudence Marxist and Conflict perspectives 4. The civil and criminal justice systems The doctrine of deterrence The definition of justice 5. The issue of mental illness The power of the DSM Court proceedings 6. Freedom of speech and obscenity rulings Supreme rulings on the 1st Amendment Restricting speech The relationship of violence and pornography 7. The implications of a litigious society The role of lawyers The need for formal law Justice and social status