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http://www.utdallas.edu/~mjleaf/soclaw.html
Subject to change
SOC -439661 Spring 2011
Class# 23565 Murray J. Leaf
U.T.Dallas Office: Gr 3.128
T 4-6:45 PM Tel 972 883-2732
SOM 2.903 mjleaf@utdallas.edu
The phrase “Sociology of Law” has three quite different meanings. First, it is considered
a subdiscipline within sociology concerned with the study of law and legal institutions in
society. Second, it is a theoretical perspective that began within law and legal theory, but which
is now also accepted and applied by scholars of law in other social science disciplines included
anthropology, sociology, and political science. And third, it is a broadly interdisciplinary
interest in law and legal process often now going by the prefered name of “socio-legal studies.”
This course is mainly concerned with the latter two meanings.
The sociology of law as a perspective in sociology goes back to the positivist origins of
that discipline, and was historically identified with arguments to the effect that law was norms
and norms came from society as something “over and above” individuals. It did not come, and
could not come, from agreement among individuals. This view of law was part a larger set of
postivist arguments for the necessity of authoritarianism and the inherent unworkability of
popular democracy. Major Contemporary sociology has not entirely gotten away from this
perspective.
Sociology of law as a perspective in law and legal theory descends, historically, from the
legal fields of jurisprudence and constitutional law. More specifically, in its modern academic
form it descends from the "historical jurisprudence" of the early 19th century that held that "law
grows out of the life of the people." The implication was that law could not be imposed from
above according to some arbitrary system. Law was not a set of logical rules but of social rules.
This naturally raised the question of what human behavior and social rules were, and ultimately
stimulated the development of anthropology, political science, and sociology as separate and
often independent fields of social science.
Socio-legal studies is intended to be a very broad umbrella term that covers both the
historic sociological perspective and the sociology of law perspective in law plus a good deal
more. It includes, for example, studies of law from both Marxist and phenomenological
perspectives. It’s main feature, however, is increasing cooperation and collaberation between
social scientists and lawyers. It is a meeting ground between all possible perspectives on the
general problem of understanding what law is, why we have it, and how it has developed. In this
course we will take the broad view.
Grading
The grade in the course will be based on two examinations, and a final paper. The
examinations will cover the readings and the lectures. We will decide the exact format in class,
once we see how things are going. The paper will be due at the time of final examination. The
examinations will count 35% each; the paper will count 30%. Examinations missed without
prior arrangements are examinations failed.
The Paper
The paper will be a critical examination of a substantial article or a monograph by one of the
writers discussed in class, or by some other writer on one of the topics discussed. It may be an
article actually discussed in class, but if you make this selection be especially careful to look up
the original article and whatever additional materials may be relevant and do more than merely
repeat what was already established in class. The paper will be due at the time of the final exam,
7 pm.
For more details on how to do the paper, click here.
Sample Examinations:
For sample questions from past midterms, click here.
For sample questions from past finals, click here.
Readings:
There are two main books, a description of the civil law tradition and a book of readings.
The civil law description is:
Merryman, John. and Rogelio Perez-Perdomon (The Civil Law Tradition, 3rd Edition: An
Introduction to the Legal Systems of Europe and Latin America [Paperback] Stanford
University Press; 3 edition (May 21, 2007) ISBN-10: 0804755698 ISBN-13: 978-0804755696
Assignments:
Our general rule for plannning assignments is is two hours of reading for every hour in class.
This should work out to about 40 to 100 pages of moderately dense material a week. The
tentative schedule is below, subject to modifications to adjust to class interest. It isn’t kid stuff,
so don't get behind. Some weeks are lighter, some heavier.
No Field Trips
No Field Trips
Standard UTD policies are procedures for all classes are on the U T Dallas website at:
http://coursebook.utdallas.edu/syllabus-policies/.