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California State University, Dominguez Hills
University of Wisconsin, Parkside
Soka University Japan - Transcend Art and Peace
Created: July 27, 2003
Latest Update: January 28, 2005
jeannecurran@habermas.org
takata@uwp.edu

CRMJ 352: Law and Social Change

You will be held accountable for purposes of grading for the readings and exercises 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 January 30, 2005

Topic: Difference and Privileging Subjectivity

Special Announcement: Friday, February 4th, 12 noon to 1 p.m. - Optional (but strongly recommended) Library Research Workshop (D150 of the library on the D1 level near the elevators).

Preparatory Readings:

• Curran and Takata. Sociology of Law Handbook , Chapter 2.
• Mann and Zatz. Images of Color, Images of Crime -- Chapter 6.
• Arrigo. Social Justice/Criminal Justice ____
• Video: "The Sneetches" and "The Zax" (to be shown in class).
  
  
• "My Role in Social Change" Poem by LaTricia White (Spring 2004)
  
• "They Ain't Us: Identity as an Anti-Norm"
  
• W.I. Thomas "Definition of the Situation
  
  
• Links to the Sociology of Law Handbook readings
  -- Introduction
  -- Chapter 1, part 1
  -- Chapter 1, part 2
  -- Chapter 2



Lecture related links:


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




Concepts to be covered:



• the tension between facts and norms
• the dilemma of difference
• privileging subjectivity
• the Other
• identity politics
• unstated assumptions
• circles of certainty
• inclusion/exclusion
• private autonomy vs. public autonomy
• "theory, policy, practice"



Discussion Questions:

1. According to Habermas, what is a fact? What is a norm? Explain the tension between facts and norms. Provide your own example.

2. What does Minow mean by "the dilemma of difference"? Relate your answer to the Dr. Seuss videos shown in class.

3. Select a different example (not discussed in class). How does"private autonomy" come into the argument? How does "public autonomy" apply? Why.

4. Link to the reading on Theory, Policy Practice. What is the most pressing issue relating to "law and social change" today? (Select an issue different from your answer for Question 3).Why. Explain the relationship of theory to policy and to practice as it relates to your selected issue? Why do we insist that you consider the relationship also in the reverse direction: practice to policy to theory?



Suggested Creative Measures:



• Think about ideas for your creative measures. Must relate to "law and social change." Must be pre-approved. Cannot be something that you are doing 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).
• Read Between Facts and Norms by Jurgen Habermas.
• Find an issue or example to illustrate the "tensions" between facts and norms. Why does this tension exist? What would Habermas suggest as ways to alleviate the tensions? Why.
• Explore the idea and concept of race. What are the arguments on both sides -- the biologic and genetic concept of race vs. the social realities of race.



Recommended Readings:



• Richard Goldsby. Race and Races.
  
• Paul Ehrlich. The Race Bomb.
  
• Cornel West. Race Matters.
  
• Robert Blauner. Still the Big News: Racial Oppression in America.
  
• William Julius Wilson. The Declining Significance of Race.
  
  
  
• Jurgen Habermas. Between Facts and Norms.
• Martha Minow. Making All the Difference: Inclusion, Exclusion and American Law.
• Course Syllabus
  
  

takata@uwp.edu