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22 Cards in this Set

  • Front
  • Back
Lipset
The American Ideology

Meritocracy
Individualism
Populism
Liberalism
Bradwell v. Illinois
1872- woman's admittance to the bar is denied
Marx
Debates on the law on thefts of wood
Betts v. Brady
1942- Betts is denied counsel
Pound
The economic interpretation of the law of torts
Nierobisz
From 'peril' to 'profitablity'

wrongful dismissal claims
Weber
Formal and substantive rationalization in the law
Bell
The police and policing

attitudinal effects
community policing
onstate policing
Durkheim
Law as an index of social solidarity

From repressive to restitutory law
Nelken
Comparing legal cultures
Kagan
The concept of adversarial legalism

The political construction of adversarial legalism
Felstiner et al
The emergence and transformation of disputes: Naming, blaming, claiming...
Ann Landers
Coffee suit against McDonalds
Levitsky
What rights? The construction of political claims to American health care entitlements
Ewick & Silbey
The common place of law

normativity
constraint
capacity
time & space
Black
Sociological justice

law is governmental social control
Dawson
Rethinking the boundaries of intimacy at the end of the century: the role of victim-defendant relationship in criminal justice decision making over time
Consensus Theory
a body of rules enacted by the people for the best interests of the people

collective sentiments of the majority keeps those in the minority in line

as societies evolve, law provides new frameworks for changing social climate
Conflict Theory
Law may favor particular views within society (powerful)
Marxist Theory
class conflict
alienation
commodification
revolution
surplus
false consciousness

law is an instrument of class production, favoring economic stratification

historical materialism
Problems with Marxist Theory
doesn't account for legal changes that support proletariat

society has a variety of economic groups

doesn't identify agents behind legal change

too focused on specific laws not on the structure of the legal system across time periods

overgeneralizes

deductive empirical reasoning
Weberian Theory
rationality
authority in different forms
formal v. informal
ideal types
historicism- inductive approach