Law and Society In the 11th edition of Law and Society, Steven E. Barkan preserves Dr. Vago’s voice while making this classic text more accessible for today’s students. Each chapter now includes an outline, learning objectives, key terms, and chapter summaries. A new epilogue chapter examines law and inequality in the United States as it moves into the third decade of this century. The 11th edition reflects new developments in law and society literature as well as recent real-life events with legal relevance for the United States and other nations. Law and Society is for one-semester undergraduate courses in Law and Society, Sociology of Law, Introduction to Law, and a variety of criminal justice courses offered in departments of Sociology, Criminal Justice, and Political Science. Steven Vago earned two Ph.D.s: one in Sociology and one in Anthropology at Washington University in St. Louis. During graduate school, he was an integral part of the creation of an alcohol treatment program at Malcolm Bliss Hospital in St. Louis. Steven became part of the Department of Sociology at St. Louis University after finishing his graduate studies and was a full professor there by the age of 37. Thereafter, he chaired the Department of Sociology several times, teaching at St. Louis University for over 30 years. During the 1970s, Steven was asked by the United Nations to work for its member agency UNESCO and worked in Paris for several years in their Office of Population and Demography. At the end of his teaching career in 2001, Steven retired to Bellingham, Washington, with his wife. Vago passed away in 2010, at the age of 73. Steven E. Barkan is Professor of Sociology at the University of Maine, where he has taught since 1979. His teaching and research interests include criminology, sociology of law, and social movements. He is a past president of the Society for the Study of Social Problems (SSSP) and has served as chair of its Law and Society Division and as a Council member of the Sociology of Law Section of the American Sociological Association. His articles have appeared in the American Sociological Review, Journal for the Scientific Study of Religion, Journal of Crime and Justice, Journal of Research in Crime and Delin- quency, Justice Quarterly, and other journals. He is the author of Criminology: A Socio- logical Understanding, 7/e (Pearson 2018) and several forthcoming texts, including Race, Crime, and Criminal Justice in America with Oxford University Press. Professor Barkan welcomes comments from students and faculty about these books. They may email him at [email protected] or send regular mail to: Department of Sociology, 5728 Fernald Hall, University of Maine, Orono, ME 04469–5728. At a time in our lives when a true understanding of the intersection of law and society really matters, this text offers a thoughtful explanation of just that. Both law and society are complex perspectives and the authors provide an organized, clear, and concise understanding of these complexities. This text is used in a graduate level course on the topic and students respond well to the balanced writing encouraging meaningful debate and discussion. Susan V. Koski, LP.D., Associate Professor, Department of Criminology & Criminal Justice, Central Connecticut State University I highly recommend Vago and Barkan’s new book as it provides a solid foundation for understanding the reciprocal nature of law and society. As a practicing attorney for four decades and a professor teaching Law and Society at the upper undergraduate level, I can affirm that Vago and Barkan’s 11th edition is the gold standard of Law and Society textbooks. Michael Bateman, Part-Time Lecturer, Rutgers University, Attorney-at-Law Law and Society ELEVENTH EDITION STEVEN VAGO AND STEVEN E. BARKAN Eleventh edition published 2018 by Routledge 711 Third Avenue, New York, NY 10017 and by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 Taylor & Francis The right of Steven Vago and Steven E. Barkan to be identified as authors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or r eproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. First edition published by Prentice Hall 1981 Tenth edition published by Prentice Hall 2011 Library of Congress Cataloging in Publication Data Names: Vago, Steven, author. | Barkan, Steven E., 1951−author. Title: Law and society/Steven Vago and Steven Barkan. Description: 11th edition. | New York, NY : Routledge, 2017. | Includes index. Identifiers: LCCN 2017011232| ISBN 9781138720596 (hardcover : alk. paper) | ISBN 9781138720923 (pbk. : alk. paper) | ISBN 9781315194837 (ebook) Subjects: LCSH: Sociological jurisprudence. Classification: LCC K370. V33 2017 | DDC 340/.115—dc23 LC record available at https://lccn.loc.gov/2017011232 ISBN: 978-1-138-72059-6 (hbk) ISBN: 978-1-138-72092-3 (pbk) ISBN: 978-1-315-19483-7 (ebk) Typeset in Avenir, Bell and Bembo by Apex CoVantage, LLC Visit the eResource: www.routledge.com/9781138720923 v BRIEF CONTENTS Preface xiii 1 INTRODUCTION: MAKING SENSE OF LAW AND SOCIETY 3 2 THEORETICAL PERSPECTIVES 31 3 THE ORGANIZATION OF LAW 65 4 LAWMAKING 101 5 LAW AND SOCIAL CONTROL 133 6 LAW AND DISPUTE RESOLUTION 173 7 LAW AND SOCIAL CHANGE 207 8 THE LEGAL PROFESSION 239 9 RESEARCHING LAW IN SOCIETY 279 10 EPILOGUE: LAW AND INEQUALITY IN A CHANGING AMERICA 303 Index 317 vii DETAILED CONTENTS Preface xiii 1 INTRODUCTION: MAKING SENSE OF LAW AND SOCIETY 3 Learning Objectives 3 Overview of the Study of Law and Society 4 Social Scientists and Lawyers 7 Definitions of Law 9 Types of Law 11 Major Legal Systems 12 Romano-Germanic System (Civil Law System) 13 Common Law System 13 Socialist Legal System 13 Islamic Legal System 15 Principal Functions of Law 17 Social Control 17 Dispute Settlement 17 Social Change 18 Dysfunctions of Law 18 Paradigms of Society 19 The Consensus Perspective 20 The Conflict Perspective 21 The Role of the Social Scientist 22 Summary 23 Key Terms 23 Suggested Readings 24 References 26 2 THEORETICAL PERSPECTIVES 31 Learning Objectives 31 Evolution of Legal Systems 32 Traditional Legal Systems 33 Transitional Legal Systems 34 Modern Legal Systems 35 Theories of Law and Society 36 The European Pioneers 36 Classical Sociological Theorists 39 Sociolegal Theorists 43 Contemporary Law and Society Theorists 46 Current Intellectual Movements in Law and Society 48 The Functionalist Approach 49 Conflict and Marxist Approaches 50 The Critical Legal Studies Movement 52 viii DETAILED CONTENTS Feminist Legal Theory 53 Critical Race Theory 55 Summary 56 Key Terms 57 Suggested Readings 58 References 59 3 THE ORGANIZATION OF LAW 65 Learning Objectives 65 Courts 66 Dispute Categories 66 The Organization of Courts 68 Participants in Court Processes 70 The Flow of Litigation 77 Criminal Cases 77 Civil Cases 79 Legislatures 79 The Functions of Legislatures 79 The Organization of Legislatures 80 Participants in the Legislative Process 81 Administrative Agencies 84 The Organization of Administrative Agencies 85 The Administrative Process 86 Law Enforcement Agencies 87 The Organization of Law Enforcement Agencies 89 Police Discretion 91 Summary 93 Key Terms 93 Suggested Readings 94 References 94 4 LAWMAKING 101 Learning Objectives 101 Perspectives on Lawmaking 102 The Rationalistic Model 102 The Functionalist View 102 The Conflict Perspective 103 Moral Entrepreneur Theory 103 A Final Word on Theories of Lawmaking 104 Legislation 105 Legislation and Social Issues 105 Pre-lawmaking Activities 106 Administrative Lawmaking 107 Administrative Rulemaking 107 Administrative Adjudication 108 DETAILED CONTENTS ix Judicial Lawmaking 109 Lawmaking by Precedents 110 Lawmaking by Interpretation of Statutes 110 The Interpretation of Constitutions 111 Influences on Lawmaking 112 Interest Groups 112 Public Opinion 114 Lawmaking and Social Sciences 117 Sources of Impetus for Law 118 Detached Scholarly Diagnosis 118 Nonacademic Writing 120 Protest Activities and Social Movements 121 Public-Interest Groups 122 The Mass Media 124 Summary 126 Key Terms 126 Suggested Readings 127 References 127 5 LAW AND SOCIAL CONTROL 133 Learning Objectives 133 Informal Social Control 134 Formal Social Control 136 Criminal Sanctions 137 Discord over the Death Penalty 140 Civil Commitment 143 Crimes without Victims 145 Drug Use 146 Prostitution 149 Gambling 151 White-Collar Crime 153 Extent and Cost of Corporate Crime 155 Legal Control of Corporate Crime 155 Social Control of Dissent 156 Administrative Law and Social Control 159 Licensing 159 Inspection 160 Threat of Publicity 161 Summary 162 Key Terms 162 Suggested Readings 163 References 163