Law Society And Political Action

"Breaking down into three distinct but related parts, it enters first into a study of the sociology of law. For its starting point this section contends that the law is shaped and reshaped by ever-changing material structures in society. Simultaneously the law works back on these structures to reinforce and conserve them. This materialist thesis is substantiated by an analysis of legal developments in a series of political fields: the development of penal law, financial law and labour protection law amongst others. A close scrutiny of the social organization of the 'legal superstructure', including an amusing and telling analysis of the modes of behaviour of those at the summit of the legal profession, concludes the first section. The dependence of law on the material structure of society cannot be satisfactorily accounted for, however, without also examining the relationship between the law and other systems of ideas, and between those ideas and the social formation in which they appear. Accordingly the central part of this book considers also religion, art and science. The author distinguishes between 'superconstructing' or conserving idea systems and those which enter into a truly dialectical relationship with the material structure to produce a new totality. He argues that in the late capitalist social formation the law is superconstructing whereas science has a dialectical relationship with the world. It remains, however, a political question whether or not dialectical ideas systems are desirable, that is, repression-abolishing. In the final section Mathiesen identifies reform or revolution as a false dichotomy which must be transcended. These chapters are aimed at revitalizing a flagging radical political movement through coherent and cogent discussion of organization and political strategy. In this part of the book the author developes further the notion of the 'unfinished political movement', first conceived in his earlier work The Politics of Abolition (Martin Robertson, 1974). This volume has direct relevance to a broad field of social and political scientists and workers. In particular it should be read by sociologists, social workers, criminologists, lawyers and law students. It will also be of value as text material for courses in the sociology of law and jurisprudence." -- Backcover.

This book explores critical questions pertaining to the character and content of the "American People" as posited in the US Supreme Court's interpretation of the fundamental law. What exactly is an American? Who or what comprise the People? What are the constitutive sociocultural, political, and economic ordering principles of the American People and society? How does the Court impact the nationalist character and content of law and policy? From a sociocultural, economic, political, and ideological perspective, the Court's singular proclamations as to what the US Constitution means, what is its purpose, and how it is to be perceived and implemented have profound consequences for representational politics and notions of what exactly constitutes the American polity. This book employs a critical, conceptual, and structural approach, critically examining the notion of the People in constitutional discourse, and its impact on government, politics, law, and society in the present. Marvin L. Astrada is a Lecturer in the Politics & History Department at New York University in Washington D.C., USA.

A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.

This text studies the inextricable links between law, society, and politics through an in-depth examination of the institutions for law-making in the United States, focusing on the function, structure, and participants in the process. The institutions-oriented approach focuses on contemporary coverage of the interrelationship between law and society, and includes discussion of controversial topics, such as the influence of race, class, sex, and corporate governance on the law. Law, Politics, and Society also looks at the theoretical and philosophical foundations of American law and provides comparative and international perspectives. Diversity is embedded into each chapter within the readings—drawn from a broad range of interdisciplinary sources such as sociology, history, and medicine—as well as in activities, which encourage discussion about law and race, national origin, sex, and class. In addition, excellent coverage of how the law has changed since September 11, 2001 helps students understand these complex relationships in a tangible way. Popular Culture features use a series of photographs to help students understand how law both informs and is informed by popular culture. Law in Action features apply the concepts of each chapter to an actual law in order to illustrate the central point and to help students better understand theoretical concepts. Pedagogy throughout the text includes active learning exercises, and marginal and bold definitions.

This book explores critical questions pertaining to the character and content of the “American People” as posited in the US Supreme Court’s interpretation of the fundamental law. What exactly is an American? Who or what comprise the People? What are the constitutive sociocultural, political, and economic ordering principles of the American People and society? How does the Court impact the nationalist character and content of law and policy? From a sociocultural, economic, political, and ideological perspective, the Court’s singular proclamations as to what the US Constitution means, what is its purpose, and how it is to be perceived and implemented have profound consequences for representational politics and notions of what exactly constitutes the American polity. This book employs a critical, conceptual, and structural approach, critically examining the notion of the People in constitutional discourse, and its impact on government, politics, law, and society in the present.

LAW, SOCIETY, AND INDUSTRIAL JUSTICE is a foundational study of workplace justice, still engaging and referenced a half-century after its original publication. The 50th Anniversary Edition adds an extensive, substantive Foreword by Berkeley’s Lauren Edelman. She writes that the book “remains important for how it conceptualizes law, for how it conceptualizes organizations, and for the theory Selznick offers regarding the moral evolution of organizations as they become ‘institutions,’ or living entities infused with values.” It is “a profound book for many reasons,” as she critically examines. Norms and values still matter in organizational governance — even in what amounts to “private government” — as this classic work reminds us. “Selznick’s classic text invites the reader to understand the interplay of formal and informal structures that produce new organizational norms, which, at their best, would replace workplace arbitrariness with due process protections like those embodied in the Rule of Law. It is not just an extraordinary contribution to the fields of sociology and jurisprudence, it is the theoretically foundational precursor to entire subfields in sociology and law.” — Laura Beth Nielsen, Chair, Department of Sociology, Northwestern University; Research Professor, ABF “Philip Selznick laid the foundation for one of law and society’s most vibrant areas of inquiry: law and organizations. Although this book has often been underappreciated, its 50th anniversary is a good opportunity to reassess its significance. Indeed, the current #MeToo movement lends more urgency to Selznick’s highly relevant ideas about conceptualizing organizations as legal orders, the importance of changing norms and values, the role of law within organizations, and organizations’ influence on the law.” — Ashley T. Rubin, Sociology, University of Hawai‘i at Manoa “Selznick’s study is undoubtedly the most erudite and imaginative example of the natural-law approach to appear. ... It is a very fine, even extraordinary piece of legal scholarship. It displays much craftsmanship, depth of learning, and creativity. It is elegant in style and graceful in presentation. Every legal sociologist should read it.” — Donald J. Black, American Journal of Sociology “A contribution, brilliant and substantial, to the literature on private government.” — Winston M. Fisk, American Political Science Review “Very enlightening and reminiscent of a good lecturer able to pull all the strings together chapter by chapter. ... The volume can be recommended to all students of law, industrial organization, and industrial relations.” — Industrial and Labor Relations Review

Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.