Law/Society: Origins, Interactions, and Change

Books

John R. Sutton

  • Citations
  • Add to My List
  • Text Size

  • Chapters
  • Front Matter
  • Back Matter
  • Subject Index
  • Part 1: Legal Change

    Part 2: Legal Action

    Part 3: The Legal Profession

  • Sociology for a New Century: A Pine Forge Press Series

    Edited by Charles Ragin, Wendy Griswold, and Walter W. Powell Founding Editors: Charles Ragin, Wendy Griswold, Larry Griffin

    Sociology for a New Century brings the best current scholarship to today's students in a series of short texts authored by leaders of a new generation of social scientists. Each book addresses its subject from a comparative, historical, and global perspective, and, in doing so, connects social science to the wider concerns of students seeking to make sense of our dramatically changing world.

    • An Invitiation to Environmental Sociology Michael M. Bell
    • Global Inequalities York Bradshaw and Michael Wallace
    • How Societies Change Daniel Chirot
    • Ethnicity and Race: Making Identities in a Changing World Stephen Cornell and Douglas Hartmann
    • The Sociology of Childhood William Corsaro
    • Cultures and Societies in a Changing World Wendy Griswold
    • Crime and Disrepute John Hagan
    • Gods in the Global Village: The World's Religions in Sociological Perspective Lester R. Kurtz
    • Waves of Democracy: Social Movements and Political Change John Markoff
    • Development and Social Change: A Global Perspective, Second Edition Philip McMichael
    • Aging, Social Inequality, and Public Policy Fred Pampel
    • Constructing Social Research Charles C. Ragin
    • Women and Men at Work Barbara Reskin and Irene Padavic
    • Cities in a World Economy, Second Edition Saskia Sassen
    • Gender, Family, and Social Movements Suzanne Staggenborg

    Forthcoming:

    • Societies in the Making William G. Roy
    • Race, Class, and Gender Douglas Hartman, Jennifer Pierce, and Teresa Swartz
    • Working Families Phyllis Moen and Patricia Roehling

    Copyright

    View Copyright Page

    Dedication

    To Ben and Evan, Evan and Ben

    About the Author

    John R. Sutton is Professor of Sociology at the University of California, Santa Barbara, and is also affiliated with UCSB's Law & Society Program. He received his PhD from the University of California, Davis in 1981. His recent research has explored two broad sets of issues. In collaboration with Frank Dobbin, John Meyer, and W. Richard Scott, he has conducted research on the transformation of the employment relationship in the United States in response to equal employment opportunity and affirmative action law. Several reports from this project have appeared in American Journal of Sociology and American Sociological Review. His solo research has focused on the historical development of social control institutions in the U.S. and other Western nations. His first book, Stubborn Children, won the C. Wright Mills Award in 1989. His current project is a cross-national study of trends in imprisonment rates among affluent Western democracies.

    About the Publisher

    Pine Forge Press is a new educational publisher, dedicated to publishing innovative books and software throughout the social sciences. On this and any other of our publications, we welcome your comments, ideas, and suggestions. Please call or write to:

    Pine Forge Press

    A Sage Publications Company

    31 St. James Ave., Suite 510

    Boston, MA 02116

    617-753-7512

    E-mail: sdr@pfp.sagepub.com

    Visit our World Wide Web site, your direct link to a multitude of online resources:

    http://www.pineforge.com

    List of Tables

    List of Figures

    Foreword

    Sociology for a New Century offers the best of current sociological thinking to today's students. The goal of the series is to prepare students, and—in the long run—the informed public, for a world that has changed dramatically in the last several decades and one that continues to astonish.

    This goal reflects important changes that have taken place in sociology. The discipline has become broader in orientation, with an ever growing interest in research that is comparative, historical, or transnational in orientation. Sociologists are less focused on “American” society as the pinnacle of human achievement and more aware of global processes and trends. They also have become less insulated from surrounding social forces. From the 1970s through the early 1990s, sociologists were so obsessed with constructing a science of society that they saw impenetrability as a sign of success. Today, there is a greater effort to connect sociology to the ongoing concerns and experiences of the informed public.

    Each book in this series offers a comparative, historical, transnational, or global perspective to help broaden students' vision. Students need to comprehend the diversity in today's world and to understand the sources of diversity. This knowledge can challenge the limitations of conventional ways of thinking about social life. At the same time, students need to understand that issues that may seem specific to modern “America” (for example, the women's movement, an aging population bringing a strained social security and health care system, racial conflict, and so on) are shared by other countries and other times. Awareness of commonalities undercuts the tendency to view social issues and questions in narrowly American or contemporary terms and encourages students to seek out the experiences of other places and other times for the lessons they offer. Finally, students need to grasp phenomena that transcend national boundaries—trends and processes that are supranational (for example, environmental degradation). Recognition of global processes stimulates student awareness of causal forces that transcend national boundaries, economies, and politics.

    The complex and ever-changing relation between law and social change sets the stage for John Sutton's Law/Society: Origins, Interactions, and Change. Over the past two centuries, people living in industrial societies have witnessed an explosion in the power of government and the importance of legislated social order. At the same time, however, they have been confronted with both the limits of government attempts to constrain and control social life through law (e.g., Prohibition) and the malleability of the legal system when confronted with dramatic new demands (e.g., equal opportunity legislation). These incongruities have baffled great thinkers and scholars for many years. Sutton gets to the heart of these issues by surveying and summarizing this immense body of thought and then assessing the power of these idea through an analysis of law and social change in the United States. Using both contemporary and historical evidence, Sutton explores the impact of law on social life and the difficult question of the origin of law—why we have the legal system that we do and why it is sometimes responsive and sometimes resistant to change. Law both reflects society and at the same time constrains and enables social action, giving some the authority to act while preventing others from acting. Sutton's portrait of law and society at the dawn of the new century spotlights both the long reach of the law and the many, often invisible, connections between emergent social action, legal institutions, and legislated order.

    CharlesRagin

    Preface

    Law/Society aims to familiarize students with the foundational issues, debates, and literatures in the sociology of law. It is written for students who have some background in the social sciences—students in upper-division courses and graduate seminars—but it assumes no prior knowledge of the substantive area of law.

    A distinguishing feature of Law/Society is that it offers an explicitly analytical perspective on the topic. This means that it poses a series of puzzles—How does law change? What makes law more or less effective in solving social problems? What do lawyers do?—and exposes students to the sociological procedures that can be used to find solutions. Rather than presenting a series of “just so” stories that must be passively absorbed, I present the sociology of law as an active explanatory project in which students themselves can engage. Several specific features of the book contribute to this analytical perspective:

    • The introductory chapter 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 explanatory strengths and weaknesses of different arguments.
    • Discussions of ‘Taw in action’ are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation.
    • The narrative in the latter parts of the book is interspersed with empirical illustrations in the form of graphs and tables, encouraging students to engage issues in a hands-on way.
    Coverage

    The sociology of law is a rich and unruly topic, and it is never easy to say what it includes and what it doesn't. What is foundational is in part a matter of taste, but I think it is also a matter of experience. This book is informed by my own intellectual biography and research interests, but it grows more directly from my 15 years of teaching the sociology of law to undergraduate and graduate students. In my teaching, and in the chapters that follow, I have tried to focus on matters that seem to me to be generic to the field—that is, issues that have preoccupied sociologists of law at formative stages in the field's history, that continue to resonate in contemporary debates, and that most effectively stimulate students to think about law in new ways. Foundations give us something to build on; they are not the whole building.

    This book is organized around four topics:

    What is the Sociology of Law?

    Chapter 1 attempts to characterize the sociology of law as a research enterprise that is distinct from jurisprudence and many other forms of writing about law. The main thrust of the chapter is to challenge students' often taken-for-granted assumptions about the autonomy of law. It describes a variety of topics and issues that are of special interest to social scientists, draws contrasts between sociological and juristic perspectives on law, and suggests ways in which law and other social institutions interpenetrate each other.

    Legal Change

    Chapters 2 through 4 survey Durkheimian, Marxian, and Weberian theories of how legal systems change in response to other broad-scale social transformations. The goals of these chapters are to present a more comprehensive survey of these “classical” theories than has been available from any other single source, to offer a framework that allows students to compare their arguments in a systematic way, and to suggest the implications of these theories for contemporary debates about the character and fate of Western law. Thus, although I do not explicitly discuss contemporary theoretical movements (e.g., poststructuralism in its many forms, semiotics, critical legal studies, critical race theory, feminist theory, and neoinstitutionalism), these chapters lay an important foundation for advanced study along these lines.

    Chapter 5 is a transitional chapter that describes how American sociolegal thinkers attempted to rework European themes and adapt them to the evolving context of American society. Legal change was only a secondary concern of these scholars; they were more centrally concerned with understanding how law was more or less effective in achieving desired policy goals. Discussion of their preoccupation with the problematic relationship between “law in the books” and “law in action” sets the stage for the two chapters that follow.

    Legal Action

    Chapters 6 and 7 examine mid-twentieth-century American civil rights reforms as laboratories of law in action. Focusing on the examples of voting rights, school desegregation, and equal employment opportunity/affirmative action (EEO/AA) law, the question is simply, What made these legal initiatives more or less successful in reducing discrimination? Again, the orientation of these chapters is analytical, not just descriptive. This is stressed in two ways. First, I encourage students to think carefully about what we mean by “effectiveness”: What kinds of measures do we use to assess constraints imposed on minority voters, the degree to which schools are segregated, and the impact of race and gender discrimination in the workplace? Second, the narrative places these reforms in a comparative framework that allows students to assess systematically how various factors have influenced the effectiveness of these laws. By moving from the relatively simple case of voting rights to the increasingly complex (and, arguably, less successful) cases of school desegregation and EEO/AA law, the analysis builds toward a coherent set of generalizations.

    The Legal Profession

    The professionalization of law is an issue that is central to a general understanding of legal development. It is also likely to be of considerable interest to students regardless of whether they are planning on a legal career. Chapter 8 begins by outlining a sociological perspective on professionalization as a political project, then proceeds to place the American legal profession in this broader conceptual context. The issue here is how and to what degree the profession has managed to control growth, competition, and the conditions of legal work since its inception in the late nineteenth century. Again, the presentation of graphic and tabular data encourages students to engage the information in analytical terms.

    Chapter 9 brings the discussion up to date by describing recent transformations in the conditions of legal work-globalization, the numerical growth of the profession, the influx of women lawyers, and “megalawyering”—and the impact of these trends on stratification within the profession.

    My personal goals in writing this book are simple but ambitious. I hope to communicate to students my own enthusiasm for studying the social aspects of law, to convince them that law is a pervasive aspect of the social world they experience every day, and to provide them with some of the tools they need to satisfy their ongoing curiosity about the role of law in social life. lowe a number of debts to people who have helped to make this a better book. I have learned a great deal from colleagues about the goals they set and the problems they encounter in teaching the sociology of law. I have learned even more from my students, who have suffered bravely through several versions of this brief curriculum and often gave me unvarnished feedback. This book reflects much that they have taught me about their understanding of law and about learning in general.

    Acknowledgments

    Thanks are due to Craig Calhoun for encouraging me to write this book in the first place and for sharing his reactions to chapter drafts. Celesta Albonetti, Jon Cruz, Mitch Duneier, Lauren Edelman, Howard Erlanger, Ryken Grattet, and Susan Silbey each offered critical comments on all or part of the book, for which I am grateful. Thanks to Steve Rutter, Charles Ragin, Woody Powell, and Wendy Griswold for publishing my work. Thanks to Heather Haveman for her high standards of intellectual craftsmanship, and for so much else.

  • References

    Abbott, Andrew. 1988. The System of Professions: An Essay on the Division of Expert Labor. Chicago: University of Chicago Press.
    Abel, Richard L.1988. The Legal Profession in England and Wales. New York: Blackwell.
    Abel, Richard L.1989. American Lawyers. New York: Oxford University Press.
    Alexander, Jeffrey C.1990. “Culture and Political Crisis: ‘Watergate’ and Durkheimian Sociology.”Pp. 187–224 in Culture and Society: Contemporary Debates, edited by J. C.Alexander and S.Seidman. New York: Cambridge University Press.
    Alt, James E.1994. “The Impact of the Voting Rights Act on Black and White Voter Registration in the South.”Pp. 351–77 in Quiet Revolution in the South: The Impact of the Voting Rights Act, 1965–1990, edited by C.Davidson and B.Grofman. Princeton, NJ: Princeton University Press.
    Althusser, Louis. 1969. For Marx. Harmondsworth, UK: Penguin.
    Althusser, Louis. 1970. “The Object of Capital.”Pp. 71–198 in Reading Capital, edited by L.Althusser and E.Balibar. New York: Pantheon.
    Althusser, Louis. 1971. “Ideology and Ideological State Apparatuses (Notes Toward an Investigation).”Pp. 127–86 in Lenin and Philosophy and Other Essays, by L.Althusser. London: New Left Books.
    Anderson, Perry. 1976–1977. “The Antinomies of Antonio Gramsci.”New Left Review100:5–78.
    Anleu, S. L. R.1992. “The Legal Profession in the United States and Australia: Deprofessionalization or Reorganization?”Work and Occupations19:184–204. http://dx.doi.org/10.1177/0730888492019002004
    Arnold, Bruce L. and JohnHagan. 1992. “Careers of Misconduct: The Structure of Prosecuted Professional Deviance Among Lawyers.”American Sociological Review57:771–80. http://dx.doi.org/10.2307/2096122
    Arnold, Bruce L. and JohnHagan. 1994. “Self-Regulatory Responses to Professional Misconduct Within the Legal Profession.”Canadian Review of Sociology and Anthropology31:168–83. http://dx.doi.org/10.1111/j.1755-618X.1994.tb01256.x
    Baron, James N. and William T.Bielby. 1980. “Bringing the Firm Back In: Stratification, Segmentation, and the Organization of Work.”American Sociological Review45:737–65. http://dx.doi.org/10.2307/2094893
    Bartrip, P. W. J. and P. T.Fenn. 1980a. “The Administration of Safety: The Enforcement Policy of the Early Factory Inspectorate, 1844–1864.”Public Administration58:87–102. http://dx.doi.org/10.1111/j.1467-9299.1980.tb00390.x
    Bartrip, P. W. J. and P. T.Fenn. 1980b. “The Conventionalization of Factory Crime: A Re-Assessment.”International Journal of the Sociology of Law8:175–86.
    Beirne, Piers and RobertSharlet. 1982. “Pashukanis and Socialist Legality.”Pp. 307–27 in Marxism and Law, edited by P.Beirne and R.Quinney. New York: John Wiley.
    Bendix, Reinhard. 1962. Max Weber: An Intellectual Portrait. Garden City, NY: Anchor.
    Berk, Richard A., Sheldon L.Messinger, DavidRauma, and John E.Berecochea. 1983. “Prisons as Self-Regulating Systems: A Comparison of Historical Patterns in California for Male and Female Offenders.”Law and Society Review17:547–86. http://dx.doi.org/10.2307/3053488
    Berk, Richard A., DavidRauma, and Sheldon L.Messinger. 1982. “A Further Test of the Stability of Punishment Hypothesis.”Pp. 39–64 in Methodological Innovations in the Study of Crime and Punishment, edited by J.Hagan. Beverly Hills, CA: Sage.
    Berk, Richard A., DavidRauma, Sheldon L.Messinger, and Thomas F.Cooley. 1981. “A Test of the Stability of Punishment Hypothesis: The Case of California, 1851–1970.”American Sociological Review46:805–28. http://dx.doi.org/10.2307/2095080
    Blumrosen, Alfred W.1984. “The Law Transmission System and the Southern Jurisprudence of Employment Discrimination.”Industrial Relations Law Review6:313–52.
    Blumstein, Alfred and JacquelineCohen. 1973. “A Theory of the Stability of Punishment.”Journal of Criminal Law and Criminology64:198–207. http://dx.doi.org/10.2307/1142990
    Blumstein, Alfred, JacquelineCohen, and DanielNagin. 1977. “The Dynamics of a Homeostatic Punishment Process.”Journal of Criminal Law and Criminology67:317–34. http://dx.doi.org/10.2307/1142865
    Blumstein, Alfred and SoumyoMoitra. 1979. “An Analysis of the Time Series of the Imprisonment Rates in the States of the United States.”Journal of Criminal Law and Criminology70:376–90. http://dx.doi.org/10.2307/1142580
    Boggs, Carl. 1976. Gramsci's Marxism. London: Pluto Press.
    Bohlen, Francis H.1911. “The Rule in Rylands v. Fletcher.”University of Pennsylvania Law Review59:298–325, 423–53. http://dx.doi.org/10.2307/3307445
    Bound, John and Richard B.Freeman. 1989. “Black Economic Progress: Erosion of the Post-1965 Gains in the 1980s?”Pp. 32–49 in The Question of Discrimination, edited by S.Shulman and W.DarityJr.Middletown, CT: Wesleyan University Press.
    Bourdieu, Pierre and Jean-ClaudePasseron. 1977. Reproduction in Education, Society, and Culture. Beverly Hills, CA: Sage.
    Bowman, H. M.1906. “American Administrative Tribunals.”Political Science Quarterly21:609–25. http://dx.doi.org/10.2307/2141149
    Branch, Taylor. 1988. Parting the Waters: America in the King Years, 1954–63. New York: Simon & Schuster.
    Bullock, Charles S., III. 1975. “Expanding Black Economic Rights.”Pp. 75–123 in Racism and Inequality: The Policy Alternatives, edited by H. J.Rodgers. San Francisco: Freeman.
    Bullock, Charles S., III. 1984. “Equal Educational Opportunity.”Pp. 55–92 in Implementation of Civil Rights Policy, edited by C. S. I.Bullock and C. M.Lamb. Monterey, CA: Brooks/Cole.
    Burstein, Paul. 1985. Discrimination, Jobs, and Politics: The Struggle for Equal Opportunity in the United States Since the New Deal. Chicago: University of Chicago Press.
    Burstein, Paul and Mark EvanEdwards. 1994. “The Impact of Employment Discrimination on Racial Disparity in Earnings: Evidence and Unresolved Issues.”Law and Society Review28:79–111. http://dx.doi.org/10.2307/3054138
    Caldwell, Paulette M.1991. “A Hair Piece: Perspectives on the Intersection of Race and Gender.”Duke Law Journal365–96. http://dx.doi.org/10.2307/1372731
    Cannadine, David. 1992. “Cutting Classes.”New York Review of Books34:52–57.
    Cappell, C. L.1990. “The Status of Black Lawyers.”Work and Occupations17:100–21. http://dx.doi.org/10.1177/0730888490017001005
    Carlin, Jerome E.1966. Lawyer's Ethics: A Survey of the New York City Bar. New York: Russell Sage.
    Carlin, Jerome E., JanHoward, and Sheldon L.Messinger. 1967. Civil Justice and the Poor: Issues for Sociological Research. New York: Russell Sage.
    Carson, W. G.1974a. “Early Factory Inspectors and the Viable Class Society: A Rejoinder.”International Journal of the Sociology of Law8:187–91.
    Carson, W. G.1974b. “Some Instrumental and Symbolic Dimensions of the 1833 Factories Act.”pp. 114–38 in Crime, Criminology, and Public Policy: Essays in Honor of Sir Leon Radzinowicz, edited by R.Hood. New York: Free Press.
    Chandler, Alfred. 1977. The Visible Hand: The Managerial Revolution in American Business. Cambridge, MA: Harvard University Press.
    Cross, Gary L.1989. A Quest for Time: The Reduction of Work in Britain and France, 1840–1940. Berkeley: University of California Press.
    Curran, Barbara A. and Clara N.Carson. 1994. The Lawyer Statistical Report: The U.S. Legal Profession in the 1990s. Chicago: American Bar Foundation.
    Davidson, Chandler. 1994. “The Recent Evolution of Voting Rights Law Affecting Racial and Language Minorities.”Pp. 21–37 in Quiet Revolution in the South: The Impact of the Voting Rights Act, 1965–1990, edited by C.Davidson and B.Grofman. Princeton, NJ: Princeton University Press.
    Days, Drew S., III. 1984. “Turning Back the Clock: The Reagan Administration and Civil Rights.”Harvard Civil Rights-Civil Liberties Law Review19:309–47.
    Dixon, Jo and CarrollSeron. 1995. “Stratification in the Legal Profession: Sex, Sector, and Salary.”Law and Society Review29:381–412. http://dx.doi.org/10.2307/3053972
    Dobbin, Frank, John R.Sutton, John W.Meyer, and W. RichardScott. 1993. “Equal Opportunity Law and the Construction of Internal Labor Markets.”American Journal of Sociology99:396–427. http://dx.doi.org/10.1086/230269
    Dobbin, Frank R., LaurenEdelman, John W.Meyer, W. RichardScott, and AnnSwidler. 1988. “The Expansion of Due Process in Organizations.”Pp. 71–98in Institutional Patterns and Organizations: Culture and Environment, edited by L. G.Zucker. Cambridge, MA: Ballinger.
    Donohue, John J., III, and JamesHeckman. 1991. “Continuous Versus Episodic Change: The Impact of Civil Rights Policy on the Economic Status of Blacks.”Journal of Economic Literature29:1603–43.
    Donohue, John J., III, and PeterSiegelman. 1991. “The Changing Nature of Employment Discrimination Litigation.”Stanford Law Review43:983–1033. http://dx.doi.org/10.2307/1228893
    Durkheim, fimile. 1933. The Division of Labor in Society. New York: Free Press.
    Durkheim, fimile. 1973. “Two Laws of Penal Evolution.”Economy and Society2:285–308. http://dx.doi.org/10.1080/03085147300000014
    Durkheim, fimile. 1982. The Rules of the Sociological Method. New York: Free Press.
    Dworkin, R. M.1977. Taking Rights Seriously. Cambridge, MA: Harvard University Press.
    Edelman, Lauren B.1990. “Legal Environments and Organizational Governance: The Expansion of Due Process in the American Workplace.”American Journal of Sociology95:1401–40. http://dx.doi.org/10.1086/229459
    Edelman, Lauren B.1992. “Legal Ambiguity and Symbolic Structures: Organizational Mediation of Civil Rights Law.”American Journal of Sociology97:1531–76. http://dx.doi.org/10.1086/229939
    Edelman, Lauren B., Steven E.Abraham, and JohnLande. 1993. “Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace.”Law and Society Review27:497–534. http://dx.doi.org/10.2307/3054103
    Engels, Friedrich. 1968. The Condition of the Working Class in England. Stanford, CA: Stanford University Press.
    Engstrom, Richard L., Stanley A.HalprinJr., Jean A.Hill, and Victoria M.Caridas-Butterworth. 1994. “Louisiana.”Pp. 103–35 in Quiet Revolution in the South: The Impact of the Voting Rights Act, 1965–1990, edited by C.Davidson and B.Grofman. Princeton, NJ: Princeton University Press.
    Erikson, Kai T.1966. The Wayward Puritans: A Study in the Sociology of Deviance. New York: John Wiley.
    Erlanger, Howard. 1980. “The Allocation of Status Within Occupations: The Case of the Legal Profession.”Social Forces58:882–903.
    Ewing, David W.1989. Justice on the Job: Resolving Grievances in the Nonunion Workplace. Boston: Harvard Business School Press.
    Felstiner, William, RichardAbel, and AustinSarat. 1980–1981. “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming …”Law and Society Review15:631.
    Feynman, Richard P.1985. Surely You're Joking, Mr. Feynman! New York: Norton.
    Foucault, Michel. 1979. Discipline and Punish: The Birth of the Prison. New York: Vintage.
    Freeman, Alan. 1982. “Legitimating Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine.”Pp. 210–35 in Marxism and Law, edited by P.Beirne and R.Quinney. New York: John Wiley.
    Freidson, Eliot. 1970. Profession of Medicine: A Study of the Sociology of Applied Knowledge. New York: Harper & Row.
    Freidson, Eliot and BufordRhea. 1963. “Processes of Control in a Company of Equals.”Social Problems11:119–31. http://dx.doi.org/10.1525/sp.1963.11.2.03a00010
    Friedman, Kathi V.1981. Legitimation of Social Rights in the Western Welfare State. Chapel Hill: University of North Carolina Press.
    Fuller, Lon L.1964. The Morality of Law. New Haven, CT: Yale University Press.
    Galanter, Marc. 1974. “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change.”Law and Society Review8:95–160. http://dx.doi.org/10.2307/3053023
    Galanter, Marc. 1983. “Mega-Law and Mega-Lawyering in the Contemporary United States.”Pp. 152–76 in The Professions: Lawyers, Doctors, and Others, edited by R.Dingwall and P.Lewis. London: Macmillan.
    Galanter, Marc and Thomas M.Palay. 1991. Tournament of Lawyers: The Transformation of the Big Law Firm. Chicago: University of Chicago Press.
    Garfinkel, Harold. 1956. “Conditions of Successful Degradation Ceremonies.”American Journal of Sociology61:420–24. http://dx.doi.org/10.1086/221800
    Garland, David. 1990. Punishment and Modern Society: A Study in Social Theory. Chicago: University of Chicago Press.
    Gerth, Hans and C. WrightMills. 1958. “Introduction: The Man and His Work.”Pp. 3–76 in From Max Weber: Essays in Sociology, edited by H.Gerth and C. W.Mills. New York: Oxford University Press.
    Giddens, Anthony. 1971. Capitalism and Modern Social Theory: An Analysis of the Writings of Marx, Durkheim, and Max Weber. Cambridge, UK: Cambridge University Press.
    Gilmore, Grant. 1974. The Death of Contract. Columbus: Ohio State University Press.
    Goffman, Erving. 1961. Asylums: Essays in the Social Situation of Mental Patients and Other Inmates. Garden City, NY: Anchor.
    Gordon, James D., III. 1991. “How Not to Succeed in Law School.”Yale Law Review100:1697–1706. http://dx.doi.org/10.2307/796783
    Gramsci, Antonio. 1971. Selections From the Prison Notebooks. London: Lawrence and Wishart.
    Granovetter, Mark. 1974. Getting a Job: A Study of Contacts and Careers. Cambridge, MA: Harvard University Press.
    Greenberg, David F.1977. “The Dynamics of Oscillatory Punishment Processes.”Journal of Criminal Law and Criminology68:643–51. http://dx.doi.org/10.2307/1142425
    Greenfield, Lawrence A.1991. “Capital Punishment 1990.”Bureau of Justice Statistics Bulletin. Washington, DC: Bureau of Justice Statistics.
    Gregory, Charles O.1951. “Trespass to Negligence to Absolute Liability.”Virginia Law Review37:359–96. http://dx.doi.org/10.2307/1069096
    Grofman, Bernard and ChandlerDavidson. 1994. “The Effect of Municipal Election Structure on Black Representation in Eight Southern States.”Pp. 301–44 in Quiet Revolution in the South: The Impact of the Voting Rights Act, 1965–1990, edited by C.Davidson and B.Grofman. Princeton, NJ: Princeton University Press.
    Guinier, Lani. 1994. The Tyranny of the Majority: Fundamental Fairness in Representative Democracy. New York: Free Press.
    Hagan, John. 1990. “The Gender Stratification of Income Inequality Among Lawyers.”Social Forces68:835–55.
    Hagan, John, M.Huxter, and P.Parker. 1988. “Class Structure and Legal Practice: Inequality and Mobility Among Toronto Lawyers.”Law and Society Review22:9–56. http://dx.doi.org/10.2307/3053561
    Hagan, John and FionaKay. 1995. Gender in Practice: A Study of Lawyers' Lives. New York: Oxford University Press.
    Hagan, John, MarjorieZatz, BruceArnold, and FionaKay. 1991. “Cultural Capital, Gender, and the Structural Transformation of Legal Practice.”Law and Society Review25:239–62. http://dx.doi.org/10.2307/3053798
    Hall, Stuart, BobLumley, and GregorMcLennan. 1978. “Politics and Ideology: Gramsci.”Pp. 45–76 in On Ideology, by University of Birmingham Center for Contemporary Cultural Studies. London: Hutchinson.
    Hamilton, Gary G. and John R.Sutton. 1989. “The Problem of Control in the Weak State: Domination in the United States, 1880–1920.”Theory and Society18:1–46. http://dx.doi.org/10.1007/BF00160687
    Handley, Lisa and BernardGrofman. 1994. “The Impact of the Voting Rights Act on Minority Representation: Black Officeholding in Southern State Legislatures and Congressional Delegations.”Pp. 335–50 in Quiet Revolution in the South: The Impact of the Voting Rights Act, 1965–1990, edited by C.Davidson and B.Grofman. Princeton, NJ: Princeton University Press.
    Haskins, George Lee. 1960. Law and Authority in Early Massachusetts: A Study in Tradition and Design. New York: Macmillan.
    Hathaway, J. C.1984. “The Mythical Meritocracy of Law School Admissions.”Journal of Legal Education34:86–96.
    Hay, Douglas. 1975. “Property, Authority, and the Criminal Law.”Pp. 17–63 in Albion's Fatal Tree: Crime and Society in Eighteenth-Century England, edited by D.Hay, P.Linebaugh, J. G.Rule, E. P.Thompson, and C.Winslow. New York: Pantheon.
    Hay, Douglas, PeterLinebaugh, John G.Rule, E. P.Thompson, and CalWinslow, eds. 1975. Albion's Fatal Tree: Crime and Society in Eighteenth-Century England. New York: Pantheon.
    Hayden, Robert M.1991. “The Cultural Logic of a Political Crisis: Common Sense, Hegemony, and the Great American Liability Insurance Famine of 1986.”Studies in Law, Politics, and Society11:95–117.
    Heckman, James J. and J. HoultVerkerke. 1990. “Racial Disparity and Employment Discrimination Law: An Economic Perspective.”Yale Law and Policy Review8:276–98.
    Heinz, John P. and Edward O.Laumann. 1982. Chicago Lawyers: The Social Structure of the Bar. New York: Russell Sage.
    Henriques, Ursula R. Q.1979. Before the Welfare State: Social Administration in Early Industrial Britain. London and New York: Lawrence and Wishart.
    Hirst, Paul. 1977. “Economic Classes and Politics.”Pp. 125–54 in Class and Class Structure, edited by A.Hunt. London: Lawrence and Wishart.
    Hoebel, E. Adamson. 1979. The Law of Primitive Man: A Study in Comparative Legal Dynamics. New York: Atheneum.
    Hofstadter, Richard. 1957. The Age of Reform. New York: Vintage.
    Holmes, Oliver Wendell, Jr.1873. “The Theory of Torts.”American Law Review7:652–63.
    Holmes, Oliver Wendell, Jr.1897. “The Path of the Law.”Harvard Law Review10:457–78. http://dx.doi.org/10.2307/1322028
    Holmes, Oliver Wendell, Jr.1963. The Common Law. Boston: Little, Brown.
    Horwitz, Morton J.1977. The Transformation of American Law, 1780–1860. Cambridge, MA: Harvard University Press.
    Howe, Mark De Wolfe. 1963. “Introduction” to O. W.Holmes, The Common Law. Boston: Little, Brown.
    Hunt, Alan. 1976. “Perspectives on the Sociology of Law.”Pp. 22–44 in The Sociology of Law, edited by P.Carlen. Keele, UK: University of Keele.
    Howe, Mark De Wolfe. 1978. The Sociological Movement in Law. Philadelphia: Temple University Press.
    Hunt, E. H.1981. British Labour History: 1815–1914. London: Weidenfeld and Nicolson.
    James, Eldon R.1913. “Some Implications of Remedial and Preventive Legislation in the United States.”American Journal of Sociology18:769–83. http://dx.doi.org/10.1086/212157
    Jessop, Bob. 1980. “On Recent Marxist Theories of Law, the State, and Juridico-Political Ideology.”International Journal of the Sociology of Law8:339–68.
    Kalberg, Stephen. 1980. “Max Weber's Types of Rationality: Cornerstones for the Analysis of Rationalization Processes.”American Journal of Sociology85:1145–79. http://dx.doi.org/10.1086/227128
    Kay, Fiona M. and JohnHagan. 1995. “The Persistent Glass Ceiling: Gendered Inequalities in the Earnings of Lawyers.”British Journal of Sociology46:279–310. http://dx.doi.org/10.2307/591789
    Kinsey, Richard. 1978. “Marxism and the Law: Preliminary Analyses.”British Journal of Law and Society5:202–27. http://dx.doi.org/10.2307/1409627
    Kolko, Gabriel. 1963. The Triumph of Conservatism: A Reinterpretation of American History, 1900–1916. New York: Free Press.
    Kronman, Anthony. 1983. Max Weber. Stanford, CA: Stanford University Press.
    Ladinsky, Jack. 1963. “Careers of Lawyers, Law Practice, and Legal Institutions.”American Sociological Review28:47–54. http://dx.doi.org/10.2307/2090457
    Larson, Magali Sarfatti. 1977. The Rise of Professionalism: A Sociological Analysis. Berkeley and Los Angeles: University of California Press.
    Lempert, Richard and JosephSanders. 1986. An Invitation to Law and Social Science: Desert, Disputes, and Distribution. New York and London: Longman.
    Linebaugh, Peter. 1975. “The Tyburn Riot Against the Surgeons.”Pp. 65–118 in Albion's Fatal Tree: Crime and Society in Eighteenth-Century England, edited by D.Hay, P.Linebaugh, J. G.Rule, E. P.Thompson, and C.Winslow. New York: Pantheon.
    Lukes, Steven. 1985. tmile Durkheim: His Life and Work. Stanford, CA: Stanford University Press.
    Lukes, Steven and AndrewScull. 1985. “Introduction” to Durkheim and the Law, edited by S.Lukes and A.Scull. New York: St. Martin's.
    Maguire, Kathleen and Timothy J.Flanagan, eds. 1991. Sourcebook of Criminal Justice Statistics. Washington, DC: U.S. Government Printing Office.
    Maine, Sir Henry. 1861. Ancient Law. London: J. Murray.
    Malinowski, Bronislaw. 1966. Crime and Custom in Savage Society. Totowa, NJ: Littlefield, Adams.
    Marx, Karl. 1964. Early Writings. New York: McGraw-Hill.
    Marx, Karl. 1967. Capital: A Critique of Political Economy. Vol. 1. New York: International Publishers.
    Marx, Karl. 1975a. “Contribution to the Critique of Hegel's Philosophy of Law: Introduction.”Pp. 175–87 in Collected Works, vol. 3, edited by K.Marx and F.Engels. New York: International Publishers.
    Marx, Karl. 1975b. “On the Jewish Question.”Pp. 146–74 in Collected Works, vol. 3, edited by K.Marx and R.Engels. New York: International Publishers.
    Marx, Karl and FriedrichEngels. 1947. The German Ideology. New York: International Publishers.
    Marx, Karl and FriedrichEngels. 1962. Selected Works. Moscow: Foreign Languages Publishing House.
    Mayhew, Leon. 1968. Law and Equal Opportunity. Cambridge, MA: Harvard University Press.
    Mead, George Herbert. 1918. “The Psychology of Punitive Justice.”American Journal of Sociology23:577–602. http://dx.doi.org/10.1086/212795
    Merritt, A. 1980. “The Nature of Law.”British Journal of Law and Society7:194–214. http://dx.doi.org/10.2307/1409660
    Merton, Robert K.1936. “The Unanticipated Consequences of Purposive Social Action.”American Sociological Review1:894–904. http://dx.doi.org/10.2307/2084615
    Miller, Richard E. and AustinSarat. 1981. “Grievances, Claims, and Disputes: Assessing the Adversary Culture.”Law and Society Review15:525–66. http://dx.doi.org/10.2307/3053502
    Mitzman, Arthur. 1970. The Iron Cage: An Historical Interpretation of Max Weber. New York: Grossett and Dunlap.
    Morello, K. B.1986. The Invisible Bar: The Woman Lawyer in America, 1863 to the Present. New York: Random House.
    Mouffe, Chantal, ed. 1979. Gramsci and Marxist Theory. London: Routledge.
    Myrdal, Gunnar. 1944. An American Dilemma. New York: Harper & Row.
    Nonet, Philippe. 1969. Administrative Justice. New York: Russell Sage.
    Nonet, Philippe and PhilipSelznick. 1978. Law and Society in Transition: Toward Responsive Law. New York: Harper & Row.
    Orfield, Gary. 1969. The Reconstruction of Southern Education: Schools and the 1964 Civil Rights Act. New York: John Wiley.
    Orfield, Gary. 1983. Public School Desegregation in the United States, 1968–1980. Washington, DC: Joint Center for Political Studies.
    Parsons, Talcott. 1937. The Structure of Social Action. New York: Free Press.
    Parsons, Talcott. 1964. “Introduction” to M.Weber, The Theory of Social and Economic Organization. New York: Free Press.
    Parsons, Talcott. 1966. Societies: Evolutionary and Comparative Perspectives. Englewood Cliffs, NJ: Prentice Hall.
    Parsons, Talcott. 1968. “Professions.”Pp. 536–47 in International Encyclopedia of the Social Sciences, vol. 12. New York: Macmillan.
    Pashukanis, Evgeny. 1978. Law and Marxism: A General Theory. London: Ink Links.
    Pashukanis, Evgeny. 1980. Selected Writings on Marxism and Law. New York: Academic Press.
    Pfeffer, Jeffrey and James N.Baron. 1988. “Taking the Workers Back Out: Recent Trends in the Structuring of Employment.”Research in Organizational Behavior10:257–303.
    Poulantzas, Nicos. 1968. Political Power and Social Classes. London: New Left Books.
    Poulantzas, Nicos. 1970. Fascism and Dictatorship. London: New Left Books.
    Poulantzas, Nicos. 1976. The Crisis of the Dictatorships. London: New Left Books.
    Poulantzas, Nicos. 1982. “Law.”Pp. 185–95 in Marxism and Law, edited by P.Beirne and R.Quinney. New York: John Wiley.
    Pound, Roscoe. 1913. “Legislation as a Social Function.”American Journal of Sociology18:755–68. http://dx.doi.org/10.1086/212156
    Pound, Roscoe. 1914. “Justice According to Law, II.”Columbia Law Review14:1–26. http://dx.doi.org/10.2307/1111000
    Pound, Roscoe. 1917a. “Juristic Problems of National Progress.”American Journal of Sociology22:721–33. http://dx.doi.org/10.1086/212691
    Pound, Roscoe. 1917b. “The Limits of Effective Legal Action.”International Journal of Ethics27:150–67.
    Pound, Roscoe. 1921. “A Theory of Social Interests.”Proceedings of the American Sociological Society15:16–45.
    Ragin, Charles C. and Howard SaulBecker. 1992. What Is a Case? Exploring the Foundations of Social Inquiry. New York: Cambridge University Press.
    Rauma, David. 1981. “Crime and Punishment Reconsidered: Some Comments on Blumstein's Stability of Punishment Hypothesis.”Journal of Criminal Law and Criminology72:1772–98. http://dx.doi.org/10.2307/1143253
    Redfield, Robert. 1941. The Folk Culture of the Yucatan. Chicago: University of Chicago Press.
    Rheinstein, Max. 1954. “Introduction” to M.Weber, Max Weber on Law in Economy and Society. New York: Simon & Schuster.
    Rodgers, Harrell R., Jr.1984. “Fair Employment Laws for Minorities: An Evaluation of Federal Implementation.”Pp. 93–117 in Implementation of Civil Rights Policy, edited by C. S. I.Bullock and C. M.Lamb. Monterey, CA: Brooks/Cole.
    Rodgers, Harrell R., Jr., and Charles S.Bullock, III. 1972. Law and Social Change: Civil Rights Laws and Their Consequences. New York: McGraw-Hill.
    Rosenberg, Gerald N.1991. The Hollow Hope: Can Courts Bring About Social Change?Chicago: University of Chicago Press.
    Roth, Julius. 1974. “Professionalism: The Sociologist's Decoy.”Work and Occupations1:6–51. http://dx.doi.org/10.1177/073088847400100102
    Scher, Richard and JamesButton. 1984. “Voting Rights Act: Implementation and Impact.”Pp. 20–54 in Implementation of Civil Rights Policy, edited by C. S. I.Bullock and C. M.Lamb. Monterey, CA: Brooks/Cole.
    Schiesl, Martin J.1977. The Politics of Efficiency. Berkeley and Los Angeles: University of California Press.
    Schluchter, Wolfgang. 1981. The Rise of Western Rationalism: Max Weber's Developmental History. Berkeley and Los Angeles: University of California Press.
    Schwartz, Richard D. and James C.Miller. 1964. “Legal Evolution and Societal Complexity.”American Journal of Sociology70:159–69. http://dx.doi.org/10.1086/223791
    Selznick, Philip. 1969. Law, Society, and Industrial Justice. New York: Russell Sage.
    Sheleff, Leon Shaskolsky. 1975. “From Restitutive Law to Repressive Law: Durkheim's The Division of Labor in Society Revisited.”Archives europeennes de sociologie (European Journal of Sociology)16:16–45. http://dx.doi.org/10.1017/S0003975600003015
    Skowronek, Stephen. 1982. Building a New American State. New York: Cambridge University Press. http://dx.doi.org/10.1017/CBO9780511665080
    Smith, James P. and Finis R.Welch. 1989. “Black Economic Progress After Myrdal.”Journal of Economic Literature27:519–64.
    Spangler, Eve. 1986. Lawyers for Hire: Salaried Professionals at Work. New Haven, CT: Yale University Press.
    Spitzer, Steven. 1975. “Punishment and Social Organization: A Study of Durkheim's Theory of Penal Evolution.”Law and Society Review9:613–35. http://dx.doi.org/10.2307/3053341
    Spitzer, Steven. 1983. “Marxist Perspectives in the Sociology of Law.”Annual Review of Sociology9:103–24. http://dx.doi.org/10.1146/annurev.so.09.080183.000535
    Sudnow, David. 1964. “Normal Crimes: Sociological Features of the Penal Code in the Public Defender's Office.”Social Problems12:255–75. http://dx.doi.org/10.1525/sp.1965.12.3.03a00010
    Sugarman, David. 1981. “Theory and Practice in Law and History: A Prologue to the Study of the Relationship Between Law and Economy From a Socio-Historical Perspective.”Pp. 70–106 in Law, State, and Society, edited by B.Fryer, A.Hunt, and B.Moorhouse. London: Croom Helm.
    Sutton, John R. and FrankDobbin. 1996. “The Two Faces of Governance: Responses to Legal Uncertainty in American Firms.”American Sociological Review61:794–811. http://dx.doi.org/10.2307/2096454
    Sutton, John R., FrankDobbin, John W.Meyer, and W. RichardScott. 1994. “The Legalization of the Workplace.”American Journal of Sociology99:944–1009. http://dx.doi.org/10.1086/230368
    Thompson, E. P.1975. Whigs and Hunters: The Origins of the Black Act. New York: Pantheon.
    Tonnies, Ferdinand. 1957. Community and Society. East Lansing: Michigan State University Press.
    Unger, Roberto Mangabeira. 1976. Law in Modern Society: Toward a Criticism of Social Theory. New York: Free Press.
    Warrington, R. 1981. “Pashukanis and the Commodity Form Theory.”International Journal of the Sociology of Law9:1–22.
    Weber, Marianne. 1978. Max Weber: A Biography. New York: John Wiley.
    Weber, Max. 1978. Economy and Society: An Outline of Interpretive Sociology. Berkeley and Los Angeles: University of California Press.
    Weitzman, Lenore. 1985. The Divorce Revolution: The Unexpected Social and Economic Consequences for Women and Children in America. New York: Free Press.
    White, G. Edward. 1980. Tort Law in America: An Intellectual History. New York: Oxford University Press.
    Wiebe, Robert H.1967. The Search for Order 1877–1920. New York: Hill and Wang.
    Wilensky, H. L.1964. “The Professionalization of Everyone?”American Journal of Sociology70:137–58. http://dx.doi.org/10.1086/223790
    Wirt, Frederick. 1970. The Politics of Southern Equality: Law and Social Change in a Mississippi County. Chicago: Aldine.
    Wright, Erik O., CynthiaCostello, DavidHachen, and JoeySprague. 1982. “The American Class Structure.”American Sociological Review47:709–26. http://dx.doi.org/10.2307/2095208

    • Loading...
Back to Top

Copy and paste the following HTML into your website