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California State University, Dominguez Hills
University of Wisconsin, Parkside
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Created: July 27, 2003
Latest Update: September 13, 2007
jeannecurran@habermas.org
takata@uwp.edu

CRMJ/SOCA 359 Law and Society

You will be held accountable for the readings and discussion questions listed here. There will be no "testing." That means that you will not have to live in anxious anticipation of what we will ask and how much you will have to know. Instead, we will provide weekly discussion questions, lectures, essays, and concepts we feel that you should know as a result of having taken this course. You will assure us of that learning and receive your grade for the questions and concepts about which you choose to write and talk with us. In addition you will find detailed explanations and examples on our grading policies in the first week's reading.

* * * * *

Week 3: Week of September 16, 2007

This week, you need to email me your topic(s) for your midterm creative measures/visual projects. Prior approval is required before starting on your visual project(s).

Topic: Legal Reasoning

Preparatory Readings

• NEW "theory, policy, practice"
• "Who's Habermas? Why Habermas?"
• W.I. Thomas "Definition of the Situation
  
  
  
  
• Bonsignore . Before the Law. Chapter 1.
• Bellow and Minow. Law Stories. -- .
• Curran and Takata. Sociology of Law Handbook:
  -- Introduction
  -- Chapter 1, part 1
  -- Chapter 1, part 2
  -- Chapter 2
  
  

Lecture related links:



• Those Infamous Grades and Letters of Recommendation
• "The Case Against Gold Stars" by Alfie Kohn.

Concepts to be covered:



• "theory, policy, practice"
• definition of the situation
• stare decisis
• precedent



Discussion Questions:

Note: In order to answer these questions, you must do the assigned readings for this week.

1. The doctrine of stare decisis means that courts will decide like cases in like manner, or that past decisions will be followed. Is there a theory of justice implicit in this doctrine? What are the sources of injustices in such a system? (Bonsignore, p. 6, Q.1).
2. Do you use a precedent system in making personal decisions? Does a precedent system operate in your home, in the various classes you attend, at work, in social groups, and so on? (Bonsignore, p. 6, Q.5).
3. The court cites the Pendergrass and Joyner cases as precedent. What are the similarities between these cases and the facts of the Black case? The differences? (Bonsignore, p. 11, Q.1)
4. What do you see as the essential strengths and weaknesses in legal reasoning? When is legal reasoning preferable to nonlegal reasoning? If thinking like a lawyer involves careful reading of cases and legal reasoning, do you want to think like one?
5. Read Theory, Policy Practice. What is the connection between legal reasoning and the interrelationship between "theory, policy and practice"? Why do we insist that you consider this interrelationship also in the reverse direction: practice to policy to theory (relate this to legal reasoning)?



Suggested Visual Projects:




Note: Start thinking about ideas for your creative measures. Must relate to "law and society" Must be approved before starting your creative measure. Cannot be something that you are doing or have done for another course. Research cannot be 100% online (i.e., google, askjeeves). Must conduct library research using scholarly works, (not the popular press -- Time Magazine, Newsweek, Sports Illustrated). A bibliography must be attached to your visual presentation. No term papers! Allow time to dialogue and present your creative measure in class. Email me your ideas ASAP.



• Select a legal issue and historically trace the legal reasoning used from past to present-day. What are the similarities? What are the differences?
• Select a law. Examine the interrelationship between "theory, policy and practice."



Recommended Readings:




--- Jurgen Habermas. Between Facts and Norms.
--- Martha Minow. Making All the Difference: Exclusion, Inclusion and American Law. Check out this link Martha Minow on the Dear Habermas site.

Course Syllabus for CRMJ/SOCA 359 "Law and Society"

takata@uwp.edu