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LAW AND SOCIETY

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

The book of readings is:


Stewart Macaulay, Lawrence M. Friedman, and John Stookey. (1995) Law and Society.
Norton and Company. ISBN: 0-393-96713-1. (paper)
Other readings will be on the web or on my website (not eLearning).. Where the listing
in the assignments says JSTOR, it means that the article is in JSTOR. You can download it
through the UTD library. The authors name and keywords in the syllabus should let JSTOR find
it. Then click on “PDF version”. Then copy it to your computer.

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.

DATE TOPIC READINGS


11 Jan Intnroductio Leaf on Roman Law (You can read this after the class if you don’t learn about it
n before)
18 Jan Context of Readings Introduction to book and to Chapter 2, then selections 1,2,4, 5,6,8,9,12.
the course #9, by Mnookin and Kornhauser, is very important and helpful.
25 Jan Common Holmes: The Path of the Law (Also JSTOR)
Law Pound: The Common Law JSTOR
Holmes: Mr. Justice Cardozo JSTOR
1 Feb Civil Law Merryman and Perez-Perdomo
8 Feb Positivism Readings 14.
(Sociological Cotterell: The Durkheimian Tradition. JSTOR
) Black: Limits of Legal Sociology. JSTOR
15 Feb Social Readings 14,15, 16, 20,
change and
legal change
22 Feb Legal change Readings: 21, 22, 23, 25
and social
change
1 Mar Legal theory Ehrlich: Montesquieu and Sociological Jurisprudence JSTOR
relating law Pound:Social Interests
and societ
8 Mar Spring Break
15 Mar Deterrence, Readings 10, 28, 29, 30, 42
obedience, The full version of #42, by Susan B. Hansen is in JSTOR.
compliance #9, assigned in connection with the general context, is also relevant.
22 Mar Law and the Readings 12, 17, 56, 57
economy National Labor Relations Act
Rattner vs. Union
29 Mar Law and Short paper from the Overseas Development Institute on land reform gives a genera
Agriculture. overview: http://www.odi.org.uk/NRP/nrp6.html
Prosperous This is a paper by me on the way agricultural issues get tangled up with all sorts of
agriculture is other issues, including the national constition: The Punjab Crisis The Punjab Crisis,
the basis of a M. Leaf. on JSTOR
prosperous The State and Agricultural Productivity: Continuity versus Change in the Indian and
country. Pakistani Punjabs Holly Sims on JSTOR
America is This is an American website (Arizona law firm) with a very short description of
known Mexican land law that we can discuss in class:
world-wide http://www.mexicolaw.com/LawInfo02.htm
for its And here are three articles on land law in China:
agricultural http://www.hic-net.org/articles.php?pid=1553
success. The http://china.org.cn/english/China/68065.htm
question is, http://china.org.cn/english/China/57217.htm
what does This is a link to a review of book not available in English and officially banned in
law have to China that describes the famine of the Great Leap Forward:
do with it, http://www.hrichina.org/public/contents/article?revision_id=169525&item_id=1695
and how to 24
other
countries
differ?
5 Apr Law family 18, 19, 24, 43
and privacy Roe vs Wade and Stare Decisis
in the US Warren and Brandeis on right to privacy
12 Apr Legal ethics Model Rules of the American Bar Association
19 Apr Higher Education:
It has been difficult getting the relevant laws in a clean form for you to read them. I
am still working on as of Thursday, 15 April, so check back if you are looking at the
site around now. I may be able to find more later today or tomorrow. The bills are
not long, but you need to read them very carefully and imagine the interplay of
interests behind them.
This is a broad history of social sciences at UTD from the beginning (1975) to now
that mentions but the legislation but does not describe it in detail.
The separate legislative acts that shape the campus are consolidated in the Texas
Education Code, Section 70. Other portions of the Code are also relevant, however
They pertain to things like the Coordinating Board, which has the power to approve
our courses, or the Regents of the U T System.
This is a link to the Texas Coordinating Board, that reviews and approves all our
courses and programs.
The bill that allowed us to admit undergraduates was HB 303 of 1969. Here is the
full text. This is not the bill that says our admissions standards cannot be lower than
U T Austin's. That came later, when we were allowed to admit lower level students
But this bill has a "non-compete" clause, as you will see.
This is House Bill 42 of 1989, that authorized us to admit freshmen and
sophomores.
This is the Code, Section 70, as of 1990, when we could first admit lower division
students.
This is HB 3568, of 2001, that would have merged UTD, UT Southwestern, and
UTArlington. Another bill, same year, would have merge us and UT Arlington
with UNT under UNT administration.
This is the Code after the amendments of 2005, that removed the 1990 restrictions.
And this is HB 51, 2009, setting up a fund to support more emerging research
universities in Texas.
26 Apr Last Final exam discussion: Consider whether you would rather have the final as a
class-and a take-home. Same format that we discussed in class on the 13th.
reserve time
in case we
are not
caught up
with all the
readings.
May Final Exam Papers and final exams due in my office.
Day
Course & Instructor Policies
Since the exams will be takehome, I cannot think of any possible reason to fail to hand it in on time.
There are no “extra credit” or make-ups.

No Field Trips

Course & Instructor Policies


I do not assign or allow “extra credit” or make up work. You are expected to complete all
assignments on time. Anything not handed in on time is failed, unless you have made an
arrangement with me in advance.

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/.

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