Law, Justice, and Society
Oxford University Press Inc (Verlag)
978-0-19-027275-3 (ISBN)
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the origins of the law, the history and development of the American legal system, the sociology of law, court structure, and the difference between civil and criminal law.
Anthony Walsh is Professor of Criminal Justice at Boise State University. Craig Hemmens is Professor and Chair of Criminology at Washington State University.
Each chapter opens with an Introduction and closes with a Summary, Discussion Questions, and References. Chapters 2-6 and 8-14 end with Cases Cited.
Preface:
Acknowledgments:
Chapter 1. LAW: ITS FUNCTION AND PURPOSE
What Is Law?
The Six Primary Characteristics of Culture and Their Relationship to Law
1. Beliefs:
2. Values:
3. Norms:
4. Symbols:
5. Technology:
6. Language:
The Code of Hammurabi
Early Thinkers about Law
Plato:
Aristotle:
Thomas Hobbes:
John Locke:
John Rawls:
Sociological Perspectives of Law
Max Weber:
Émile Durkheim:
Two Opposing Perspectives: Consensus and Conflict
The Consensus Perspective:
The Conflict Perspective:
Chapter 2. JUSTICE AND THE LAW
What Is Justice?
Distributive Justice:
Retributive Justice:
Problems with Aristotle's Definition of Justice
Legal Realism
Where Does Justice Come From? Two Perspectives of Law and Justice as Natural
The Transcendental Natural Law Perspective:
The Evolutionary Perspective:
What Is the Relationship of Law to Justice?
Equity:
An Example of an Equity Decision:
Garofalo and Natural Crime
The Rule of Law
Justice Evolving: Cesare Beccaria and Reform
Herbert Packer's Models of Criminal Justice
The Crime Control Model:
The Due Process Model:
An Illustration of the Models in Action:
Chapter 3. MAKING LAW
Common Law
Precedent and Stare Decisis
Sources of Law
Sources of Individual Rights
The Constitution
The Bill of Rights
First Amendment:
Second Amendment:
Third Amendment:
Fourth Amendment:
Fifth Amendment:
Sixth Amendment:
Seventh Amendment:
Eighth Amendment:
Ninth Amendment:
Tenth Amendment:
Other Amendments:
Thirteenth Amendment:
Fourteenth Amendment:
Standard of Review:
Incorporation of the Bill of Rights in the Fourteenth Amendment:
Judicial Review
Marbury v. Madison:
The Process of Amending the Constitution
Chapter 4. FEDERAL AND STATE COURTS
Jurisdiction
The Federal Courts
District Courts:
Courts of Appeals:
Supreme Court:
The State Courts
Overview of the Criminal Process
The Jury and Its Selection
Jury Selection:
The Trial:
Sentencing:
Appeals:
Court Actors
Judges:
Prosecutors:
Defense Attorneys:
The Legal Profession
Chapter 5. CRIME AND CRIMINAL LAW
What Is Crime?
Sources of Criminal Law
Limitations on Criminal Law
Elements of Criminal Liability
Common Elements of Criminal Offenses:
Liability Without Fault
Inchoate Crimes
Attempt:
Solicitation:
Conspiracy:
Parties to Crime:
Defenses to Criminal Liability
Justification Defenses:
Excuse Defenses:
Procedural Defenses: Entrapment:
Crimes Against the Person
Murder:
Forcible Rape:
Aggravated Assault:
Robbery:
Crimes Against Property
Arson:
Burglary:
Larceny/Theft:
Crimes Against Public Order and Morality
Chapter 6. CRIMINAL PROCEDURE
Purpose of Criminal Procedure Law
Sources of Criminal Procedure Law
Search and Seizure Law and the Fourth Amendment
The Warrant and Reasonableness Clauses:
Probable Cause:
Arrest
When an Officer May Arrest:
Manner of Arrest:
Types of Seizures:
Searches
Reasonable Expectation of Privacy:
Exceptions to the Search Warrant Requirement:
Right to the Assistance of Counsel
Right to Counsel During Interrogations and Pretrial Identification Procedures
Custody:
Interrogation:
Circumstances in Which Miranda Is Not Required
Extension and Application of the Miranda Warnings
Pretrial Identification Procedures:
The Confrontation of Witnesses Clause
The Right to Compulsory Process Clause
The Exclusionary Rule
Advancing Toward the Exclusionary Rule
Curtailing the Exclusionary Rule:
Chapter 7. CIVIL AND ADMINISTRATIVE LAW
Differentiating Criminal and Civil Law
Tort Law
Tort Categories:
Defenses to Liability:
Tort Reform:
Property Law
Interests in Real Property:
Interests in Personal Property:
Contract Law
Elements of a Valid Contract:
Family Law
Who May Marry Whom?:
The Supreme Court and the Right to Marry:
The Road to Same-Sex Marriage:
Common Law Marriage:
Divorce and Annulment:
Dividing Property, Child Custody, and Spousal Support:
Administrative Law
Origins and Growth of Administrative Agencies:
Legislative Function of Administrative Agencies:
Investigatory and Enforcement Function of Administrative Agencies:
Judicial Function of Administrative Agencies:
Administrative Law and Corporate Crime:
Recent Responses to Corporate Crime:
Environmental Law
The Development of Environmental Laws and Regulations:
Enforcement of Environmental Laws:
Environmental Crime:
Chapter 8. JUVENILE JUSTICE
What Is Juvenile Delinquency?
The Extent of Delinquency
Developmental Factors and Juvenile Delinquency
History and Philosophy of Juvenile Justice
Institutional Control:
Childhood in the United States:
The Child Savers:
The Beginning of the Juvenile Courts:
Juvenile Waiver to Criminal Court
Extending Due Process to Juveniles
Kent v. United States:
In Re Gault:
In Re Winship:
McKeiver v. Pennsylvania:
Breed v. Jones:
Schall v. Martin:
Graham v. Florida:
Miller v. Alabama:
The Juvenile Death Penalty
Eroding the Distinction Between Adult and Juvenile Court Systems
Restorative Justice
Chapter 9. THE LAW AND SOCIAL CONTROL
What Is Social Control?
A Typology of Social Control
The Law as a Social Control Mechanism
Punishment and Deterrence:
Other Philosophies of Punishment:
Black's Styles of Social Control:
Social Control and the Criminal Justice System
Is the United States Soft on Crime?
Plea Bargaining
The Death Penalty Debate
Arguments Against the Death Penalty:
Arguments Favoring the Death Penalty:
The Law and Social Control of Political Dissent
Therapeutic Social Control: Law and Psychiatry
"No Taxation Without Representation!": A Case of Judicial Social Control
Chapter 10. THE LIMITS OF SOCIAL CONTROL: POLICING VICE
What Is a Vice Crime?
Homosexuality and Sodomy
The Law and Gay Rights Versus Religious Liberty:
The Concept of "Compelling Government Interest"
Can the Rights of Both Gays and Religious Dissenters Be Protected?
Prostitution and Commercialized Vice
Should Prostitution Be Decriminalized/Legalized?:
Pornography/Obscenity
Abortion
Alcohol and Illicit Drugs
Taming the Beast in the Bottle:
Illicit Drugs:
The Future of Drug Regulation:
Chapter 11. LAW, SOCIAL CHANGE, AND THE CLASS STRUGGLE
What Is Social Change?
The Law as a Cause of Social Change
Social Movements, the Law, and Social Change
British Law and the American Revolution
Law and Social Engineering in the Former USSR
The US Supreme Court and Social Change
Dynamic and Constrained Views of the Supreme Court's Power:
The Legitimacy Basis of the Court's Power:
Justice Anthony Kennedy: The Most Powerful Man in the United States?:
Interpreting the Constitution: Strict Construction or Living Document?:
The Supreme Court and the Class Struggle
The Fourteenth Amendment and Business Interests:
Social Justice, Equality, and Freedom: A Debate
The Argument for Social Justice:
The Argument Against Social Justice:
The Supreme Court's Role in Inducing Social Change
Bringing the Country Together Through Case Law:
The Activism of the Warren and Burger Courts:
Chapter 12. WOMEN AND THE LAW (by Mary K. Stohr)
Feminist Legal Theory
Women and Law in History: The Birth of Misogyny and Other Triumphs
The Relative Value of Citizens: The Struggle for Women's Suffrage
Woman as Human and Person
Rape and Other Misogynous Atrocities
Women's Work and Other Legal Matters
The UNCEFDW and the Equal Rights Amendment
Domestic Violence
Women's Representation in the Legal Profession
The Bias Studies
Law, Equality, and Justice
Building Understanding
Chapter 13. RACIAL MINORITIES AND THE LAW
African Americans
Slavery and the Law:
The Amistad Case
The Dred Scott Case
Emancipation and the Reconstruction Period:
The Emergence of Jim Crow Laws:
Segregation, Disenfranchisement, and the Plessy and Williams Cases
Lynching and Black Protest:
"We Shall Overcome":
Congressional Activity:
The Cold War and International Pressure:
American Indians
The Early Years:
The Marshall Trilogy: Defining Indian Status:
The Period of Removal and Physical Genocide:
The Assimilation Period and Cultural Genocide:
The Beginning of the End of Cultural Genocide (With a Few Backward Steps):
Asian Americans
Hispanics
The Mexican-American War and the Treaty of Guadalupe Hidalgo:
Push and Pull: Invitation and Exile:
Segregation, Jury Representation, and Voting Rights:
How Far Have We Come?
Chapter 14. COMPARATIVE LAW: LAW IN OTHER CULTURES
Law in Preliterate Bands and Tribes
Law in the Modern World: The Four Traditions
Common Law:
Civil Law:
Socialist Law:
Islamic Law:
The Four Traditions and the Rule of Law
The Convergence of Systems
Appendix A: Constitution of the United States of America
Appendix B: Student-Friendly Legal Websites
Glossary:
Table of Cases:
Photo Credits:
Index:
| Erscheinungsdatum | 09.03.2016 |
|---|---|
| Verlagsort | New York |
| Sprache | englisch |
| Gewicht | 784 g |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Strafrecht ► Kriminologie | |
| Sozialwissenschaften ► Soziologie ► Mikrosoziologie | |
| ISBN-10 | 0-19-027275-9 / 0190272759 |
| ISBN-13 | 978-0-19-027275-3 / 9780190272753 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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