Complete Study Guide for Sociology of Law Test 2
Complete Study Guide for Sociology of Law Test 2 SOC 2167
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Mariana de la Maza
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This 20 page Study Guide was uploaded by Mariana de la Maza on Wednesday April 1, 2015. The Study Guide belongs to SOC 2167 at George Washington University taught by Fran Buntman in Winter2015. Since its upload, it has received 246 views. For similar materials see Sociology of Law in Sociology at George Washington University.
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Date Created: 04/01/15
Weber Sociology of Law Study Guide FOR TEST How and why is bureaucracy connected to law for Weber and why does Weber see bureaucracy as both a necessity or positive and a problem Contemporary of Durkheim Interested in legal institutions in their own right Wrote Economy and Society Interested in how big things shape all of us 0 Trying to see if he can learn from history and how societies organize themselves Treats law as an expression of political authority Rationality and rationalization O O 0000 O Focuses on rationalization of social life in modern societies Development of a methodological style of life and set of social institutions oriented around rules Rationality is a property of social order Rise of institutions Wrote about Capitalism and how it was a rational economic system Evolutionary different from Durkheim rationality seen as the engine for social change I Wrong view Rejected theories based on universal laws Focusing on the more contemporary period he sees that the basis on which societies is ordered as according to the set or rules The idea that there are systems you need to follow he argues emerges from a rational way of organizing society Rational we usually see it as a neutral term or positive term and Weber thought it too There is a procedure to follow Recognize that while you have the necessity for those rules they can have the exact opposite effect I Rules that were made to make things better sometimes you lose sight of the point of the rules and you focus on the rule itself Calls this the iron cage of modernity iron cage of rationality o Idea that you are so rule driven that you lose sight of the point of rules 0 Pej orative idea of bureaucracy is linked to the iron cage of modernity the idea of focusing on the rules for the sake of the rules rather than the purpose Historicist where every event is unique and cannot be placed in theories 0 O Context human subjectivity Order is created by people s attempts to place value in material things Law as an expression of political domination o Dominationz Rule of tyrants authoritarians I The means by which government achieve compliance I Could be consent coercion persuasion etc I Don t think of domination as necessarily negative illegal or anti democratic though it could be I Composed of power and authority Power 0 Idea that you can exercise will over another or get someone to do something you want them to do I Socialist capitalist primitive etc o Relationa and Probabilistic I Relational concept power exists only in the context of a relationship with people I Probabilistic never absolute Authority 0 Different ways of exercising power coercion authority true choice 0 Authority is when a follower obeys follows complies AS IF the follower wanted to obey because of the merit of the authority figureleader obedience rather than necessarily true acceptance I Ex assumption of legitimacy of leadership organizational hierarchy or similar an employee follows the bosses order regardless of his opinion 0 However Weber says in a contemporary society power is exercised through authority through the idea that the follower is accepted the nature of the authority the nature and the legitimacy of the authority I Following the rules because you accept the rules I Complies as if the follower wanted to obey I The obedience rather than the true acceptance Authority and Legitimacy 0 Does say legitimacy is the best way to govern 0 Limits to legitimacy no ruler can make all orders legitimate 0 Authority is the most stable form of power precisely because followers take obedience as a binding moral imperative o Similarities among ideas of authority legitimacy and hegemony Legalrational authority ruledomination 0 Law and its associated structures of power are assumed as rational and right I Is it limited to western style in uenced liberal democracies 0 Law is fundamental in achieving legitimacy I Law and rule help achieve legitimacy knowing where you stand having the predictability of rules in itself facilitates legitimacy I Belief on the legality of those rules to issue commands Not uncommon for a president Comes from rm belief in legalrational authority I Process gt Content Three forms of Domination 0 Traditional I Belief in the continuity of sacred tradition hereditary leader 0 LegalRational I Belief in the legitimacy of legallyenacted rules oriented towards rules and principles rather than ruler This logical coherence is made possible by the fact that legal rules are written Written law is a permanent and relatively objective statement of a norm I Organizational or administrative form 9 bureaucracy Impersonality of bureaucracy can lead to iron cage of rationality modernity bureaucracy Procedural gt substance therefore law can be immoral oppressive etc Separation of fact and value I Iron Cage EX In respect to the three strikes law and in California people could be sent to prison for 25 years for stealing a slice of pizza 0 Weber says the point was to get violent and sexual offenders off the street not drug addicts o Overcrowding EX Prisons 0 To point out the lack of law and governing procedures in the Unites States 0 So in response prison reformers brought in a list of rules about how you needed to operate I Now those rules have become so rigid that they are stopping more sensible responses Union Rules 0 Workplace need changes but the Union Rules says X even if it doesn t make sense to it you stick to it because that is what the rule says I Weber says you need to have that predictability of what the rules are and institutions are in order to know how you are going to proceed I Focus on methods to know how you are going to proceed Charismatic Emotional attachment to the charismatic leader Typology of Legal Systems 0 We must understand Rational vs Irrational and Formal Law and Substantive Justice 0 Rational vs Irrational Law To him Rational Law is 1 Law is rational at the most basic level if the means for settling disputes are de ned by rules This means that legal of cials settle speci c disputes in terms of general rule 2 Legal rules must be arranged coherently 3 Legal analysis depends on abstract interpretations of meanings 4 Legal decisions controlled by the intellect to maximize chances of uncovering truth 0 Formal vs Substantive Emphasis placed in different legal systems and procedures Analogy with basketball Basketball and other competitive sports like formal law place a heavy emphasis on procedural rules that de ne the terms of the contest in ways that promote formal equality between the contestants Formal Formal law is played by its own set of rules so that ideally the outcome is not affected by ethical social political or economic considerations Rule of law transcends political interests Formal law assumes equality even playing eld Makes it unique to capitalism democracy contract Also unique to secular government because we have an assumption of secular equality One reason af rmative action is controversial for some people ie a real world example to test out what formal equality does or doesn t mean 0 Formal law demands autonomous legal institutions e g independent judiciary Substantive When substantive justice is dominant the legal system is oriented less towards formal equality and more toward the achievement of ethical or political goals Weber39s writings suggest that in general formalism and substantive justice are inversely related 0 Formal or procedurally rational law Brings together both ideas That legal order is autonomous and professionally Procedures towards nding truth In terms of something that if noble and discemable rather than something known to the religious leader or magician o The way the legal profession itself develops helps build up these idea I Modern profession of law builds on idea that there needs to be a body of professionals who have an abstract assessment of rules to help facilitate its application in society I Have their own hierarchies bureaucracies institutions FORMAL SUBSTANTIVE IRRATIONAL Law distinct from the rest No distinctions between of society law and society Law as religious or interwoven magical with required Emphasis on ethics what procedures and rituals do people believe as right Goal Fulfill ritual and wrong individual or requirements not find collective truth in logical way May be procedures but they may be informal customary ad hoc A Civil Action Movie Discussion What did you learn about civil law Legal profession and education Are lawyers allowed to reject offers without checking with clients How was appeal possible without checking with clients Why could Facher say the plaintiff could not testify Questions Did they bribe the judge Early questions to jury Before plaintiffs thought case was over What people learned about Civil Law in the movie Most civil cases are settled Most of the work is done behind the scenes 0 Not in courtroom A lot of it has to do with role of emotions Money very important 0 EX Which cases are dealt with Only 1 in 10 cases reversed on appeal Hierarchy of monetary value of victim Empathy between client and lawyer Civil Law 0 Generally addressing wrongs through litigation tends not to be very successful 0 Often successful in a kind of partial 0 Parties involved plaintiff and defendant I Plaintiff says I have been wronged in a way courts understand it As a potential or actual legal wrong 0 In this movie they represent personal injury lawyers I They use tort law Tort idea of a contract written or an implicit contract and a way in which it is violated and challenged A low of tort law has been created extensively by civil law 0 Wrongs have to be met by restitution settlement but especially REMEDY I Recognized by a jury 0 Mostly talking about legal wrongs and the idea is that if the court finds on behalf of a person they need remedy restitution 0 When cases are settled in most cases there is no acceptance of wrongdoings by the defendant I When we talk about a settlement as a remedy in some senses it is a remedy in that the plaintiff is getting the defendant to recognize a wrongdoing by giving money But the nature of the settlement will differ and the defendant will give the plaintiff money but none of the recognition I Especially when the defendant has deep pockets money is part of making it go away sometimes I Tort law is developed somewhat similar to common law 0 The fact that a case is settled especially if it involves a powerful defendant is important because it will often prevent a precedent to the defendant different from going to court 0 If an institution has invested interest in a kind of law they don t want to lose the individual case but most importantly they don t want an unfavorable precedent I This is why they settle with money I An unfavorable court ruling could really affect them Emotions and Empathy 0 Law about being about rationality etc but in this movie emotion played a great role I When Jan could have taken to 25 mill but he increased it o Deposition I The process by which both sides really get to hear what the other side is going to say I A deposition helps good attorneys gure out what the other side is going to say I Getting information from both sides I What the two sides decide to disclose becomes an issue of law 0 In practice there wasn t an appeal To what extent is the courtroom a place that we can redress wrongs in society 0 Tort room is a place where this can happen Understand the logic of tort law In practice we do nd evidence that goes in all directions and we really need a historical Contingency These cases absolutely help but they are not suf cient to change or impact the big picture on various issues How could Facher say plaintiffs were not going to testify o Facher was able to make the legal argument what the jury simply needed to consider was the geological evidence and what kind of evidence it has for the legal question Had the case gone to appeal one of the areas the would have appealed on is that the judge gave the wrong orders to the jury personal relationship and history did make a difference in the sense that they came from the same world and saw things in a similar way 0 Not in an unethical way necessarily Law is a game of strategy 0 Emphasis on strategy 0 Want to shape the rules of the game I Facher did it on a small level Galanter focus on rst part pages 297313 Litigation the rules and procedures involved in resolving disputes in the court system How would Galanter say repeat players like large corporations able to improve their odds in terms of law suits For Test RP and OS in terms of Brown For Test 0 Brown is often seen as a David versus Goliath struggle a victory of the have nots over the haves in Marc Galanter s terms Using Galanter s Why the Haves Come Out Ahead consider the ways in which Brown BOTH represented a victory of the have nots but also ts into or supports Galanter s arguments in this piece Under what conditions can litigation be redistributive Divides legal system into Rules Courts Lawyers and Parties 0 In a society with different amount of wealth and power that are constantly in competitive and cooperative relationships where they have opposing interests 0 Disputes settled my courtlike agencies 0 Rules worked out in courts in through the process of adjudication I Courts combine rules diverge rules I Outcomes here affect the outcomes in future cases and in classes I Resources many times are insuf cient so parties are encouraged to settle cases To Settle to bargain a mutually acceptable outcome I There are higher and lower agencies which he calls peak and eld level agencies Thinks of parties and the effect these have in the legal system instead of looking at rules Why the haves come out ahead 0 Persistent vs One Time players Galanter 1974 RP vs OS 0 RP persistent involvement courts I Repeat Players I Prosecutors insurance companies nance companies I Ideal Type has low stakes in the outcome of the case 0 OS Occasional involvement I OneShotters I Divorce cases criminal I Either too large or too small to be managed routinely RP players play the litigation game differently 0 Have done it before have advance intelligence build a record Develop expertise and have access to specialists Economies of scale resources Relations Credibility interest in his bargaining reputation Can play the odds Since they expect to litigate again we would expect RP to sette cases with predicted unfavorable outcomes and can appeal cases they regard as as most likely to produce favorable rules 0 OS wants immediate gain not necessarily good law Wants to know if the courts actually play a role of equalizing C Says courts are passive and parties are responsible for determining rules based on tradition etc RP can trigger promising cases and prevent triggering unfavoring ones they impact rules play for rules 0 Are able to know which rules will penetrate to the bottom RP most of the time haves and the OS most of the time havenot with exceptions 0 Position of advantage 0 In a formally neutral court system haves become more favorable Can the courts help us make a more equal society 0 Redistributive What is happening at the time that would lead to this question context 0 Can the law be used for redistributive purposes OOOOOO 0 Civil rights movement 0 Brown V Board of Education achieving social change to make a more equal society I Racial quality but it involves a redistributive element 0 Roe v Wade I Fundamental status challenge through the courts 0 Issues of economics I War on poverty There is a heightened attention to the need to focus on economic equality in the US I When Martin Luther King was assassinated he was giving a speech to striking garbage collectors They had up signs that said I am a man It reminds us of the connection of other kinds of rights Tells us about the limits of the law there is a constant tensiondynamic between using the law to achieve social change and using civil society to make the law work 0 Constant struggle 0 There is a strong concern across the political spectrum with the idea of improving economic equality in the US Can courts be used to achieve that redistribution 0 That is how he comes with the idea of RP and OS because clogged on the top of the Supreme court it says everyone is equal under law but in practice you need to realize that there are different types of people in terms of their access to the courts and their typology o Broadly speaking he says if you want to understand it you need to understand how and why the haves come out ahead of the havenots I His answer in brief is have has knowledge and resources to be able to utilize repeat access to the courts not just to develop expertise through the constant practice Repeat players improve their odds of getting ahead because 0 RP have the advantage that they can try and establish rules in their favor and one of the ways to do that is that they are selective in terms of which legal action they get engaged in Civil Law Courts and Justice 0 Connections between Galanter and civil action I Lawyers have more of an obligation to the system and their clients I Plea negotiations are not the sweet deal but this isn t always true Prosecutors and defense lawyers need each other to keep the system working In movie families are one shotters Travolta is a repeat player Galanter draws a continuum 0 Rule mindedness and thirst for vindication may change the strategy of parties I But some also may want resolution 0 In terms of the way Galanter draws squares I Repeat player vs a repeat player representing one shotters RP vs RP 0 Biggest are more towards the extreme degrees Lawyers by de nition are repeat players 0 Instances where repeat players use the system to their advantage I Minimax The larger the matter at issue looms for the OS the more likely he is to adopt a minimax strategy Minimize the maximum damage Settlement I How to use what Galanter offers as a toolkit How does Galanter help you develop a toolkit 0 Rules 0 Parties I How do you structure the parties to be at a greater advantage I You turn your one shotters into an alliance an alliance of repeat players with deep pockets and extensive strategies in terms of experience 0 Brown v Board of Education I Sweat v Painter and Gaines NAACP I On one level the Brown represents outsiders Disadvantage of not having money on your side 0 Treat it as a legal strategy and a political strategy but you bring on board others that will support you I Develop a grassroots strategy an elite strategy I You want to change the institutional and rule environment 0 Take the long view I You build up to overturning a precedent that has been present for years Framing Myths 0 There are some profound myths about civil law in the US 0 In theory law is accessible to all of us to right wrongs 0 Myths about civil law include I The is an extreme litigious society I The courts are clogged with frivolous lawsuits Liebeck v McDonald s Restaurants I Courts are good to delivering justice and correcting womgs True now and then but mostly the exception proves the rule that courts are relatively limited in their ability to right wrongs Core rules of civil litigations o 1 Legal standards I Statutory or common law or regulations 0 2 Jurisdiction I Mostly state or federal o 3 Check her p0werp0int Process of civil litigation 0 Two parties plaintiff bringing the suit and defendant I Pleadings This is what someone has done to me factual and legal bases jurisdiction and remedyreliefdamages sought I Discovery Information gathering by both sides Depositions oral interrogatories written and documents evidence 0 Overdiscovery abuses can happen I People can ask for more than they are entitled to and you would have a motion where the defendant s lawyer will say he is asking for something that is more than reasonable I Common in divorce Motions legal rulings Pretrial conference often leading to settlement I Settlement in formal language is a resolution of dispute brought to court by mutual agreement of parties Can occur any time after civil suit is filed Judges can be more or less involved I Most civil cases result in settlement sooner or later I Litigation can be a tool or bargaining tip in dispute including to encourage to settle o Other key terms I Standard of proof Preponderance of evidence If it does go to trial it is a lower standard of proof than beyond a reasonable doubt Litigable grievance necessary for a case to proceed toward trial 0 Need to have a basis in the law to bring a case to court A Taxonomy of Litigation by Strategic Con guration of Parties 1 OS v OS Parent v Parent Custody Spouse v Spouse Divorce Family v Family Member Insanity Commitment Family v Family Inheritance Neighbor v Neighbor Partner v Partner 2 RP v OS Prosecutor v Accused Finance Co v Debtor Landlord v Tenant IRS v Taxpayer Condemnor v Property Owner 3 OS v RP Welfare Client v Agency Auto Dealer v Manufacturer Injury Victim v Insurance Company Tenant v Landlord Purchaser v Supplier Bankrupt Consumer v Creditors Defamed v Publisher 4 RP v RP Union v Company Movie Distributor V Censorship Board Developer v Suburban Municipality Regulatory Agency v Firms of Regulated Industry OS vs 0 0 RP vs 0 0 OS Usually settlement worked out between parties Vindication but not really exercised OS Great bulk of litigation found here Mass processing little individuated attention State of the Law of interest for RP not OS Rules usually favor RP RP Infrequent Litigation routinized in this box only State of the Law of interest for RP not OS RP vs RP Frequent litigation by and against government Summary 0 Litigation mainly in Box 2 also Box 3 0 Box 1 and 4 infrequent and individualized parties of the same general magnitude Specialists most cater to needs of RP s don t serve OS as well Institutions as PassiveReactive and Overload 0 Once the doors open the burden to proceed is on the parties evidence 0 Overload characterize in institutions Adjudication Expect more litigation when gvt Is a party Delays cost overload in general causes them to settle Increases cost and risk of adjudication less rule change Bene t those who reap advantage over the neglect Protects the party with the money and the goods Possessor Claimant is the other party Litigation Inaction Exit remedies Appended Settlement systems Private Settlement System Mark Graber Notes FOR TEST Be able to identify and explain some of the reasons Graber gives for saying we cannot simply explain Supreme Court justices decisions in ideological terms Constitutional Interpretation Is not suggesting saying these are different ways to understand and interpret the law 0 Challenging the ideas that there is one way to interpret the law constitutional law 0 Saying that in understanding the different approaches to understanding law you need to understand that no matter what your ideology is you need to draw upon more than one of them I One size does not t all 0 Saying you cannot reduce your understanding of supreme court decisions on ideology because interpretive practices matter too so you need to see how they connect 0 You do need to understand what s being drawn on overtly vs what is being used and is not acknowledged The process by which constitutional meanings are determined 0 Controversy over how to interpret the meaning of the text In uence of constitutionalism on politics Questions about constitutional meaning are related but not identical to questions about constitutional authority Strict constructionists 0 Governing authorities had no business injecting personal values when making constitutional decisions Living Constitution 0 Insisted that constitutional provisions should be interpreted in light of changing social and political value I Chief Justice Warred declared we must draw meaning I Standards of decency I Constitutional decisionmakers who insisted the constitutional meanings remain static saw their duty as interpreting law and not making law could not justify BrownPlessy Strict evolved into Originalists o Looked at original meaning of the constitution and the practice at the time I Could justify Brown 0 Often justify conservative judicial decisions InterpretationConstruction distinction and the noright answer thesis Constitutional Arguments o The constitutional text plainly resolves some matters while leaving others open for debate an investigation 0 Constitutional arguments differ from policy moral or other forms of argument by focusing on the proper interpretation of a distinctive constitutional texthistoryvalues 0 Language provisions I When language is not clear Americans are limited to considering policies that are consistent o Legitimate method for interpreting or constructing the Constitution I Channels moral and policy considerations rather than eliminating them Textualism o Emphasize the specific language of the Constitution the relationship between the terms used and the common meaning of those terms 0 Claim that persons should rely on the plain meaning of relevant const words and clauses o What is written Doctrinalism 0 Maintain that constitutional provisions mean what they meant when they were ratif1ed o Doctrinal arguments resolve contemporary constitutional controversies by interpreting past precedents o How you make money 0 We interpret the constitution in light in the ways the constitution has been interpreted in the past 0 Focus on what government officials have said about the Constitution over time I Rely on analogies to previous constitutional decisions Known as the holding of the case provides interpreting Constitution in future cases Common law method that Americans inherited from England Structuralism o Deduce constitutional powers and limitations from the general arrangements of the constitutional order and the relationships between governing institutions 0 Separation of power federalism and democracy are core constitutional commitments o Ascertain the implications of such constitutional language in light of these values Prudentialism 0 Determine constitutional meanings by examining the costs and benefits of different policies 0 Looking at the cost and benefits 0 Justice Powell in McClesky V Kemp concerned judicial decisions striking down states practices on the basis of statistics would prevent states from implementing criminal law Aspirationalism 0 Based on the conception of justice underlying the constitution 0 Equal protection due process 0 Constitutional provisions interpreted and applied in light of these broader constitutional commitments 0 Lawrence V Texas Interpreting the Constitution Why are we bound by it Why bother 0 Why do we bother and follow these rules What are we doing when we are interpreting a constitution o The rule of law even in the worst form of government is a great blessing because it is better to know the legal consequences of you actions to not know what is happening next in your life 0 We might see these words as aspirational Speak like a lawyer 0 Law has a form of grammar 0 Such as in the way you express yourself in protests similar to law 0 Grammar tells us you are making a recognized kind of argument Has the meaning of death changed because our experience of death has changed We are a society that has a notion of human dignity such that we will not punish people in cruel and unusual ways In future generations we have to gure out what it means Brown 0 One version the effort to create a dominant race 0 Antisubordination understanding of Brown Last two forms of interpretation 0 Who are we I Ultimate constitutional question Are we dedicated to liberty o What kind of liberty Are we dedicated to equality Larkin FOR TEST Be able to identify and explain what Larkin believes is or are the solutions to overcriminalization Paul Larkin s argument about the sources of and solutions to overcriminalization in the US argue that the judiciary may be the best hope for a solution to overcriminalization Interestingly enough he doesn t focus on civil society and social movements or political parties certainly sees politicians as the problems and judges as solutions The system seems beset by core defects that should have been xed long ago prosecutors withholding or concealing obviously exculpatory evidence The problem of over criminalization o Consists of the use of the criminal law to punish conduct that traditionally would not be deemed morally blameworthy Becoming an important issue It would seem it is inevitable Many consequences if the penal code regulates too much conduct Public s demand for more and more criminal laws along with harsher and harsher treatment of criminals Can we halt that train I Says it it will be dif cult but not impossible to nd a remedy to overcriminalization in the political process I All of the incentives lead political actors to use criminal law as the rst resort to a social problem not the last 0 Says train can be halted by the courts judges I Says courts are not part of the warp of politics I Judiciary may be able to intervene stop the train and slow it down until the public comes around I Judges could in uencepersuade public to halt overcriminalization Overcriminalization is a problem with lawmaking process 0 The over use or abuse of criminal law 0 Civil law seems to have more freedom I There are many sources that allow you to see what criminal law prohibits regulations 1066 marks beginning of common law where dis gurement was the primary form of punishment Public choice theory 0 The use of economic analysis to scrutinize the political process 0 Treats political actors as if they were consumers in a free market seeking to maximize their own utility rather than the public welfare 0 Does not require us to make altruistic assumptions about our allies colleagues neighbors or friends Rather it assumes that everyone is sel sh egoistical and out solely for himself regardless of the effect on others that his actions may have 0 The theory seeks to determine just what impact egocentric political actors will have on the public welfare Adam Smith 0 Capitalism allows for specialization and the increase in goods Marginal cost and marginal revenue 0 Alfred Marshal inspired by Adam Smith Overuse of criminal law as a regulatory device 0 Used by businesses to pick winners and losers by changing regulation to affect competitors 0 Monopolize the RP leads to a great number of individual injustices The mistake of a law defense if no reasonable person would have thought it 0000 O would have been a crime you shouldn t be held responsible Professor Buntman Race and Reputation FOR TEST Be able to explain why ideas about racial reputation have affected the relatively higher levels of excluding black people from juries based on reputational criteria even in the postBrown landscape using the article Meanings of Race Types of Law At different points in US History immigrant groups have wanted to claim a merged or distinct identity Post civilrights era emphasis on being a hyphenated American Race dominant emphasis of certain kinds of discussions legal and other 0 Accurate reality inaccurate social not biological o In California there is segregation by the prison administration on the basis of race 0 Precision EX Ethnicity Latinos and race blackwhite 0 Changing eX Immigration religion I Religious pro ling especially post 911 Intersectionality o In practice we have it occurring all the time Similar and different kinds of law interact with issues of race equality in different ways EX Rogers vs American Airlines 0 Law doesn t understand the intersect between African American and Woman only in separate spheres Law is both a product and shaper of society eX We are concerned about race less How is criminal justice and the criminal justice system similar or different than other areas of law 0 One reality about the postcivil rights society Formal Equality 0 We know from the 14th Amendment in the 1860 s and the Civil Rights Acts in the 1960 s I We get understandings of how race constructs law and law constructs race I Similarities and differences I Criminal justice system affects rights But continued challenges 0 Lots of areas 0 Focus on criminal justice Why I Affects rights I Pushes button in many areas of the national and historical psyche I The New Jim Crow Note that the old Jim Crow less focused on criminalizing Legally and socially protected One of the things about the old Jim crow although criminalizing black people wasn t the only thing employment restricted covenants 0 Criminal justice was a relatively small part of the Jim Crow system 0 Alexander says the contemporary racial order crime becomes a key element of how me shape our racial order Criminal Justice 0 Lots of ways to consider CJ case studiesarenasexemplars but not full picture 0 Sociology concern with power 0 Plea negotiations and race Two areas where key issues of institutions law power society economics politics etc come into play We want to understand interactions between both Plea NegotiationsAgreements Plea Bargains 0 De ned three institutional actors prosecutor judge I Key roles include defense and prosecution I Judge usually rubber stamps I Note sociologicalinstitutional issues ex Court working group RPs and Oss on a spectrum 0 Key role of power and bargaining chips I Most but not all cases the state has the institutional power advantage I Important exceptions 0 Person is accepting criminal liability but it is not always because they I May engage in please because of number of offenses cost etc o Idea of contractual engagement and agreement Race and Reputation 0 Article Focus on language as a structural element in society that both re ects and shapes or reinforces practical realities in societies 0 Shapes and is shaped by power 0 Look for conscious and unconscious expressions of legal and socialnon legal values I Ex Plessy v Ferguson Justice Brown says socially African Americans have an inferior reputation to whites But legally racial segregation does not necessarily imply inferiority I Ex McClesky majority statistically significant differences in capital prosecutions based on race of murder victims a social fact but not a pertinent legal fact Legal standards 0 While we universally hold the value of equality it doesn t mean it will always be equally applied 0 Legal standards mostly intent rather than effect I Sociologists patterns matter law is not neutral I Supreme court legal rule matters Civil and Criminal Issues Is reputation an Intersection o Innocence o A crude duality I For critics of law enforcement race profiling in general I Apparent criminality is a way to confirm the idea that this person and his behavior was suspicious because they had a previous conviction for X Changes and Continuities 0 Scott v Sandford Plessy For Test Will not specifically look at articles Only things she pointed out her article Graber s Will pick out information from PPT notes Multiple choice cases which went in which direction vs another direction terms and concepts plea negotiation matching columns short answers eX Discovery plea negotiation contract tort which word does not belong to civil law Galanter one shotters vs repeat players in Brown How would Galanter say repeat players like large corporations able to improve their odds in terms of law suits Questions on a Civil Action 0 EX In terms of applied things opening scene does it represent I Value of different lives how does that speak to different types of law 0 Groups within a civil action which represent repeat and oneshotters Larkin interestingly enough he doesn t focus on civil society and social movements or political parties certainly sees politicians as the problems and judges as solutions Graber is not suggesting saying these are different ways to understand and interpret the law 0 Challenging the ideas that there is one way to interpret the law constitutional law 0 Saying that in understanding the different approaches to understanding law you need to understand no matter what your ideology is you need to draw upon more than one of them I One size does not fit all 0 Saying you cannot reduce your understanding of supreme court decisions on ideology because interpretive practices matter too so you need to see how they connect 0 You do need to understand what s being drawn on overtly vs what is being used and is not acknowledged CalaVita Chapters 3 amp 4 FOR TEST Using CalaVita s chapters 3 especially the rst half amp 4 be able to identify and explain how popular culture often portrays law especially regarding criminal justice and how law creates andor reinforces ideas about race and ethnicity e g immigration prisons including in contemporary society Argues that law shapes how we talk and so how we think At the most basic level law creates conceptual categories and determines their contents and boundaries Race and racial categories are sociolegally constructed
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