Social Science, Social Policy, and the Law

Social Science, Social Policy, and the Law

Author: Patricia Ewick

Publisher: Russell Sage Foundation

Published: 1999-06-10

Total Pages: 400

ISBN-13: 1610441915

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Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.


Book Synopsis Social Science, Social Policy, and the Law by : Patricia Ewick

Download or read book Social Science, Social Policy, and the Law written by Patricia Ewick and published by Russell Sage Foundation. This book was released on 1999-06-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.

Law and the Social Sciences

Law and the Social Sciences

Author: Huntington Cairns

Publisher: New York : A. M. Kelley

Published: 1969

Total Pages: 316

ISBN-13:

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Book Synopsis Law and the Social Sciences by : Huntington Cairns

Download or read book Law and the Social Sciences written by Huntington Cairns and published by New York : A. M. Kelley. This book was released on 1969 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and the Social Sciences

Law and the Social Sciences

Author: Stanton Wheeler

Publisher:

Published: 1986

Total Pages: 748

ISBN-13: 9781610448833

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The notion of law as a social phenomenon would have surprised educators and scholars a century ago. For them, law was a science and the library was the ultimate source of all legal knowledge. Our contemporary willingness to see law in a social context--reflecting social relations, for example, or precipitating social changes--is a relatively recent development, spurred during the last quarter century by the work of a generation of scholars (mostly social scientists and law professors) who believe the perspectives of the social sciences are essential to a better understanding of the law. Law and the Social Sciences provides a unique and authoritative assessment of modern sociolegal research. Its impressive range and depth, the centrality of its concerns, and the stature of its contributors all attest to the vitality of the law-and-society movement and the importance of interdisciplinary work in this field. Each chapter is both an exposition of its author's point of view and a survey of the pertinent literature. In treating such topics as law and the economic order, legal systems of the world, the deterrence doctrine, and access to justice, the authors explore overlapping themes--the tension between public and private domains, between diffused and concentrated power, between the goals of uniformity and flexibility, between costs and benefits--that are significant to observers not only of our legal institutions but of other social systems as well.


Book Synopsis Law and the Social Sciences by : Stanton Wheeler

Download or read book Law and the Social Sciences written by Stanton Wheeler and published by . This book was released on 1986 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of law as a social phenomenon would have surprised educators and scholars a century ago. For them, law was a science and the library was the ultimate source of all legal knowledge. Our contemporary willingness to see law in a social context--reflecting social relations, for example, or precipitating social changes--is a relatively recent development, spurred during the last quarter century by the work of a generation of scholars (mostly social scientists and law professors) who believe the perspectives of the social sciences are essential to a better understanding of the law. Law and the Social Sciences provides a unique and authoritative assessment of modern sociolegal research. Its impressive range and depth, the centrality of its concerns, and the stature of its contributors all attest to the vitality of the law-and-society movement and the importance of interdisciplinary work in this field. Each chapter is both an exposition of its author's point of view and a survey of the pertinent literature. In treating such topics as law and the economic order, legal systems of the world, the deterrence doctrine, and access to justice, the authors explore overlapping themes--the tension between public and private domains, between diffused and concentrated power, between the goals of uniformity and flexibility, between costs and benefits--that are significant to observers not only of our legal institutions but of other social systems as well.

After Method

After Method

Author: John Law

Publisher: Routledge

Published: 2004-08-12

Total Pages: 208

ISBN-13: 113429431X

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John Law argues that methods don't just describe social realities but are also involved in creating them. The implications of this argument are highly significant. If this is the case, methods are always political, and it raises the question of what kinds of social realities we want to create. Most current methods look for clarity and precision. It is usually said that only poor research produces messy findings, and the idea that things in the world might be fluid, elusive, or multiple is unthinkable. Law's startling argument is that this is wrong and it is time for a new approach. Many realities, he says, are vague and ephemeral. If methods want to know and help to shape the world, then they need to reinvent themselves and their politics to deal with mess. That is the challenge. Nothing less will do.


Book Synopsis After Method by : John Law

Download or read book After Method written by John Law and published by Routledge. This book was released on 2004-08-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Law argues that methods don't just describe social realities but are also involved in creating them. The implications of this argument are highly significant. If this is the case, methods are always political, and it raises the question of what kinds of social realities we want to create. Most current methods look for clarity and precision. It is usually said that only poor research produces messy findings, and the idea that things in the world might be fluid, elusive, or multiple is unthinkable. Law's startling argument is that this is wrong and it is time for a new approach. Many realities, he says, are vague and ephemeral. If methods want to know and help to shape the world, then they need to reinvent themselves and their politics to deal with mess. That is the challenge. Nothing less will do.

International Law and the Social Sciences

International Law and the Social Sciences

Author: Wesley L. Gould

Publisher:

Published: 1970

Total Pages: 0

ISBN-13: 9780691647692

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A bridge is constructed by this volume between the separate professions and disciplines of international lawyers and social scientists. The authors attempt to restate international law, both its jurisprudence and its rules, in social science terms. The authors then explicitly set forth the reciprocal relationships between international law and the findings, perspectives, and literature of the social sciences--showing how the insights and concepts of political science, sociology, psychology, and other disciplines can illuminate the field of international law. The limits as well as utility of social science materials in the comprehension, teaching, and practice of international law are evaluated. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


Book Synopsis International Law and the Social Sciences by : Wesley L. Gould

Download or read book International Law and the Social Sciences written by Wesley L. Gould and published by . This book was released on 1970 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bridge is constructed by this volume between the separate professions and disciplines of international lawyers and social scientists. The authors attempt to restate international law, both its jurisprudence and its rules, in social science terms. The authors then explicitly set forth the reciprocal relationships between international law and the findings, perspectives, and literature of the social sciences--showing how the insights and concepts of political science, sociology, psychology, and other disciplines can illuminate the field of international law. The limits as well as utility of social science materials in the comprehension, teaching, and practice of international law are evaluated. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Social Science in Law

Social Science in Law

Author: John Monahan

Publisher:

Published: 1990

Total Pages: 634

ISBN-13:

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Book Synopsis Social Science in Law by : John Monahan

Download or read book Social Science in Law written by John Monahan and published by . This book was released on 1990 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and the Social Sciences

Law and the Social Sciences

Author: Julius Stone

Publisher:

Published: 1966

Total Pages:

ISBN-13:

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Book Synopsis Law and the Social Sciences by : Julius Stone

Download or read book Law and the Social Sciences written by Julius Stone and published by . This book was released on 1966 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and the Social Sciences

Law and the Social Sciences

Author: Julius Stone

Publisher: U of Minnesota Press

Published:

Total Pages: 129

ISBN-13: 1452910669

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Law and the Social Sciences was first published in 1966. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. The author, a distinguished authority on law, provides an illuminating and challenging discussion of the social aspects of law and legal problems. As a background to some penetrating observations, he takes stock of the contributions and interrelations of the bodies of knowledge, from both the juristic and the social science side, which bear upon the study of law at the present time. He is concerned to show the respects in which jurisprudential ideas in this area have been stimulated and clarified by work in the social sciences, and, conversely, to draw attention to the need for the increased interest of social scientists in this area to take account of juristic insights, many of them of long standing. He points out some of the dangers, not limited to waste of effort, arising from "parochialism" on the part of either the lawyer or the social scientist. The final section is devoted to a study of the contributions, potentialities, and limits of behavioralist and computer techniques in understanding and operating the appellate judicial process. The book is based on a series of three lectures given by the author as the William S. Pattee Memorial Lectures sponsored by the University of Minnesota Law School.


Book Synopsis Law and the Social Sciences by : Julius Stone

Download or read book Law and the Social Sciences written by Julius Stone and published by U of Minnesota Press. This book was released on with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Social Sciences was first published in 1966. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. The author, a distinguished authority on law, provides an illuminating and challenging discussion of the social aspects of law and legal problems. As a background to some penetrating observations, he takes stock of the contributions and interrelations of the bodies of knowledge, from both the juristic and the social science side, which bear upon the study of law at the present time. He is concerned to show the respects in which jurisprudential ideas in this area have been stimulated and clarified by work in the social sciences, and, conversely, to draw attention to the need for the increased interest of social scientists in this area to take account of juristic insights, many of them of long standing. He points out some of the dangers, not limited to waste of effort, arising from "parochialism" on the part of either the lawyer or the social scientist. The final section is devoted to a study of the contributions, potentialities, and limits of behavioralist and computer techniques in understanding and operating the appellate judicial process. The book is based on a series of three lectures given by the author as the William S. Pattee Memorial Lectures sponsored by the University of Minnesota Law School.

Author:

Publisher:

Published:

Total Pages: 749

ISBN-13: 0871545284

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Book Synopsis by :

Download or read book written by and published by . This book was released on with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Social Science in Law

Social Science in Law

Author: John Monahan

Publisher:

Published: 2006

Total Pages: 728

ISBN-13:

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The publication incorporates Dauber v. Merrill Dow Pharmaceuticals, Inc., the United States Supreme Court's landmark decision on scientific evidence in addition to new Daubert-based cases cited throughout the book. The book offers an in-depth discussion of the growing use of survey methods to establish damages in mass tort cases. The authors have integrated the latest Web site addresses to aid in further social science and legal research. It includes selections from two handbooks: the Federal Judicial Center Reference Manual on Scientific Evidence and West's? Modern Scientific Evidence.


Book Synopsis Social Science in Law by : John Monahan

Download or read book Social Science in Law written by John Monahan and published by . This book was released on 2006 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication incorporates Dauber v. Merrill Dow Pharmaceuticals, Inc., the United States Supreme Court's landmark decision on scientific evidence in addition to new Daubert-based cases cited throughout the book. The book offers an in-depth discussion of the growing use of survey methods to establish damages in mass tort cases. The authors have integrated the latest Web site addresses to aid in further social science and legal research. It includes selections from two handbooks: the Federal Judicial Center Reference Manual on Scientific Evidence and West's? Modern Scientific Evidence.