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California State University, Dominguez Hills
University of Wisconsin, Parkside
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Created: July 27, 2003
Latest Update: October 23, 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.

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Week 9: Week of October 28, 2007

Friday, October 26th -- Last Day to Drop a Semester-long Class

Topic: Four Sociologies/Law Stories

Preparatory Readings

• Bonsignore . Before the Law. Chapters ---.
  
• Bellow and Minow. Law Stories. intro, Alfieri, Lapidus & Lynd .
• Curran and Takata. Sociology of Law Handbook. Chapter 1 & 2 (see links below)
  -- Introduction
  -- Chapter 1, part 1
  -- Chapter 1, part 2
  -- Chapter 2
  
  

Lecture related links:



• Index on Structural Violence
• Metaphor and Theory links to "The Blind Men and the Elephant." Eric K. mentioned this metaphor when we were discussing several concepts relating to our class.
• "Who's Habermas? Why Habermas?"
• W.I. Thomas "Definition of the Situation
  
  
• Those Infamous Grades and Letters of Recommendation
• "The Case Against Gold Stars" by Alfie Kohn.

Concepts to be covered:



• structural violence
• tension between facts and norms
• private autonomy v. public autonomy
• privileging subjectivity
• auto-poietic non-learning subsystem



Discussion Questions:

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

1. Compare and contrast the four sociological perspectives -- structural functionalism, Marxism, interactionism and Habermasian theory. In the study of law and society, which perspective do you agree with the most? the least? Why.
2. What are the major themes in Law Stories? Why stories? What does silence and silencing have to do with this week's law stories? Why.
3. Define structural violence. How does it relate to Alfieri's "Welfare Stories"? Why.
4. How would the four sociologies explain Lapidus' "Maintaining the Status Quo"? Which sociology do you agree with the most? Why.
5. What is the tension between facts and norms in "We Are All We've Got"? According to Habermas, how might this tension be resolved? Why.



Suggested Creative Measures/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.



• Make an explosion box , and decorate it to reflect Haberma's tension between facts and norms.
• Select a controversial legal issue, and explain why and how do people fall between the legal system's cracks?
• Come up with your own "law story".



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