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“法律社会学”课程大纲(2012年秋季)

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Socio-Legal Studies
Sociology 930, Fall 2012
Time: 3:30-5:25pm, Tuesday
Location: Social Sciences 6304
Instructor: Professor Sida Liu
Office: 3460 Sewell Social Sciences
Office Hours: 10:00am-12:00pm, Wednesday
Phone: (608) 262-2082 (office)
Email: sidaliu@ssc.wisc.edu

COURSE DESCRIPTION

This course is a graduate-level seminar that focuses on the deep reading and intensive discussion of major socio-legal theories and empirical studies. We begin by the classical and contemporary theories of the sociology of law and then proceed to various topics of law and society research, including legal consciousness, legal pluralism, court and litigation, legal profession, law and development, legal mobilization, and the globalization of law.

REQUIREMENTS

Reading is at the heart of this seminar. Please make sure you complete the assigned readings before coming to every class. For each week, one student is responsible for presenting the readings and raising a series of questions for discussion. The class discussion is organized around those questions as well as other questions that the instructor or the students raise in the classroom. Reading and class participation account for 40% of the final grade.
Besides reading and class participation, the only requirement of the course is a final paper. This can be either a research paper investigating an empirical or theoretical issue, or a paper that integrates and critically discusses some of the course readings. For Ph.D. students, a research paper that aims at thesis or publication is highly recommended. A one-page outline of the paper is due at class on November 20 (Tuesday). The deadline for the final paper is 5:00pm on December 21 (Friday). The final paper accounts for 60% of the final grade.

READINGS

The course has no textbook, and the instructor has tried to assign as many electronic readings as possible, but given the nature of the law and society field, several books will still be assigned as required readings. It is expected that you buy some of these books and use them extensively during the semester and in your later research work. The required books are also on reserve in the Social Science Reference Library (8432 Social Sciences Building). Here is a list of the books:
Dezalay, Yves, and Bryant G. Garth (eds.). 2002. Global Prescriptions: The Production, Exportation, and Importation of a New Legal Orthodoxy. Ann Arbor: University of Michigan Press。

Ewick, Patricia, and Susan S. Silbey. 1998. The Common Place of Law: Stories from Everyday Life. Chicago: University of Chicago Press.
Feeley, Malcom M. [1979] 1992. The Process is the Punishment: Handling Cases in a Lower Criminal Court. New York: Russell Sage Foundation.
Foucault, Michel. [1975] 1977.Discipline and Punish: The Birth of the Prison, trans. A. Sheridan. New York: Vintage Books.
Luhmann, Niklas. 2004. Law as a Social System, trans. K. A. Ziegert, eds. F. Kastner, R. Nobles, D. Schiff, and R. Ziegert. Oxford: Oxford University Press.
Merry, Sally E. 1990.Getting Justice and Getting Even: Legal Consciousness among Working-Class Americans. Chicago: University of Chicago Press.
Scheingold, Stuart A. [1974] 2004. The Politics of Rights: Lawyers, Public Policy, and Political Change. Ann Arbor, MI: University of Michigan Press.
Santos, Boaventura de Sousa. 2002. Toward a New Legal Common Sense (2nd edition). London: Butterworths.
Tamanaha, Brian. 2001. A General Jurisprudence of Law and Society. Oxford and New York: Oxford University Press.
Weber, Max. 1978. Economy and Society, eds. G. Roth and C. Wittich. Berkeley and Los Angeles: University of California Press. (Volume 2)
All the other readings are available in electronic format at Learn@UW. After logging in to the course website, please click on the “Content” button at the upper-left corner of the webpage. All the readings are in PDF format under the “Readings” folder.

OFFICE HOURS
The instructor’s office hours are 10:00am-12:00pm on Wednesday. Please feel free to come by to discuss course issues, career questions, or anything else. If you cannot come to the regular office hours due to conflicts of schedule, please email to make an appointment and find another time to meet.

READING SCHEDULE
 

Week 1: Course Introduction

September 4 (Tuesday)
Course introduction – no reading.

Week 2: Law and Society Theories: An Overview
 September 11 (Tuesday)
Tamanaha, Brian. 2001. A General Jurisprudence of Law and Society. Oxford and New York: Oxford University Press. (Chapters 1-5)

Week 3: Max Weber’s Sociology of Law
September 18 (Tuesday)
Weber, Max. 1978.Economy and Society, eds. G. Roth and C. Wittich. Berkeley and Los Angeles: University of California Press. (Volume 2, Chapter VIII)
Trubek, David M. 1972. “Max Weber on Law and the Rise of Capitalism.Wisconsin Law Review 1972: 720-753.

Ewing, Sally. 1987. Formal Justice and the Spirit of Capitalism: Max Weber’ Sociology of Law.Law & Society Review 21: 488-512.
Feldman, Stephen. 1991. “An Interpretation of Max Weber’s Sociology of Law: Metaphysics, Economics, and the Iron Cage of Constitutional Law.”Law & Social Inquiry 16: 205-248.

Week 4: Law as an Instrument of Domination
September 25 (Tuesday)
Cain, Maureen. 1974. “The Main Themes of Marx’ and Engels’ Sociology of Law.” British Journal of Law and Society 1: 136-148.
Chambliss, William. 1975. “Toward a Political Economy of Crime.” Theory and Society 2: 149-170.
Turk, Austin. 1976. “Law as a Weapon in Social Conflict.” Social Problems 23: 278-291.
Stone, Alan. 1985. “The Place of Law in the Marxian Structure-Superstructure Archetype.” Law & Society Review 11: 577-588.
Bourdieu, Pierre. 1987. “The Force of Law: Toward a Sociology of the Juridical Field.” The Hastings Law Journal 38: 805-853.

Week 5: Law as a Functional System
October 2 (Tuesday)
Luhmann, Niklas. 2004. Law as a Social System, trans. K. A. Ziegert, eds. F. Kastner, R. Nobles, D. Schiff, and R. Ziegert. Oxford: Oxford University Press. (Choose at least 6 of the 12 chapters to read)

Week 6: Critical Theories of Law
October 9 (Tuesday)
Foucault, Michel. [1975] 1977.Discipline and Punish: The Birth of the Prison, trans. A. Sheridan. New York: Vintage Books.
Trubek, David M. 1984. Where the Action Is: Critical Legal Studies and Empiricism.” Stanford Law Review 36: 575-622.
Trubek, David M., and John Esser. 1989. “Critical Empiricism in American Legal Studies: Paradox, Program, or Pandora’s Box?” Law & Social Inquiry 14: 3-52.
Frazier, Patricia A., and Jennifer S. Hunt. 1998. “Research on Gender and the Law: Where Are We Going, Where Have We Been.Law & Human Behavior 22: 1-16.
Harris, Angel P. 1994. “Forward: The Jurisprudence of Reconstruction. Symposium: Critical Race Theory.California Law Review 82: 741-785.

Week 7: Legal Consciousness
October 16 (Tuesday)
Ewick, Patricia, and Susan S. Silbey. 1998. The Common Place of Law: Stories from Everyday Life. Chicago: University of Chicago Press.
Merry, Sally E. 1990. Getting Justice and Getting Even: Legal Consciousness among Working-Class Americans. Chicago: University of Chicago Press.
Silbey, Susan S. 2005. “After Legal Consciousness.” Annual Review of Law and Social Science 1: 323-368.

Week 8: Legal Pluralism
October 23 (Tuesday)
Merry, Sally E. 1988. “Legal Pluralism.” Law & Society Review 22: 869-896.
Moore, Sally Falk. 1973. “Law and Social Change: The Semi-autonomous Social Field as an Appropriate Subject of Study.Law & Society Review 7: 719-746.
Santos, Boaventura de Sousa. 1992. “State, Law, and Community in the World System: An Introduction.” Social & Legal Studies 1: 131-142.
Tamanaha, Brian. 2001.A General Jurisprudence of Law and Society. Oxford and New York: Oxford University Press. (Chapter 7)

Week 9: Court and Litigation: Patterns
October 30 (Tuesday)
Galanter, Marc. 1974. “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change.Law & Society Review 9: 95-160.
Edelman, Lauren B., and Mark C. Suchman. 1999. “When the ‘Haves’ Hold Court: Speculations on the Organizational Internalization of Law.”Law & Society Review 33: 941-991.
Albiston, Catherine. 1999. “The Rule of Law and the Litigation Process: The Paradox of Losing by Winning.Law & Society Review 33: 869-910.
Kinsey, Karyl A., and Loretta J. Stalans. 1999. “Which ‘Haves’ Come Out Ahead and Why? Cultural Capital and Legal Mobilization in Frontline Law Enforcement.” Law & Society Review 33: 993-1023.
Conti, Joseph. 2010. “Learning to Dispute: Repeat Participation, Expertise, and Reputation at the World Trade Organization.Law & Social Inquiry 35: 625-662.

Week 10: Court and Litigation: Processes
November 6 (Tuesday)
Feeley, Malcom M. [1979] 1992. The Process is the Punishment: Handling Cases in a Lower Criminal Court. New York: Russell Sage Foundation.
Felstiner, William, Richard Abel, and Austin Sarat. 1981. “The Emergence and Transformation of Disputes: Naming, Blaming, and Claiming…” Law & Society Review 15: 631-654.
Trubek, David M., Austin Sarat, William L. F. Felstiner, Herbert M. Kritzer, and Joel B. Grossman. 1983. “The Costs of Ordinary Litigation.” UCLA Law Review 31: 72-127.

Week 11: Legal Profession: Social Structure and Work
November 13 (Tuesday)
Galanter, Marc, and Thomas M. Palay. 1990. “Why the Big Get Bigger: The Promotion-to-Partner Tournament and the Growth of Large Law Firms.Virginia Law Review 76: 747-811.
Laumann, Edward O. and John P. Heinz. 1979. “The Organization of Lawyers’ Work: Size, Intensity, and Co-Practice of the Fields of Law.” American Bar Foundation Research Journal 4: 217-246.
Heinz, John P., Edward O. Laumann, Robert L. Nelson, and Ethan Michelson. 1998. “The Changing Characters of Lawyers’ Work: Chicago in 1975 and 1995.Law & Society Review 32: 751-776.
Sarat, Austin, and William L. F. Felstiner. 1986. Law and Strategy in the Divorce Lawyer’s Office.Law & Society Review 20: 93-134.
Flood, John. 1991. “Doing Business: The Management of Uncertainty in Lawyers’ Work.Law & Society Review 25: 41-72.

Week 12: Legal Profession: Politics
November 20 (Tuesday)
Scheingold, Stuart A. [1974] 2004. The Politics of Rights: Lawyers, Public Policy, and Political Change. Ann Arbor, MI: University of Michigan Press.
Rueschemeyer, Dietrich. 1986. “Comparing Legal Professions Cross-Nationally: From a Profession-Centered to a State-Centered Approach.American Bar Foundation Research Journal 11: 415-446.
Johnson, Terence J. 1982. “The State and the Professions: Peculiarities of the British.” Pp. 186-208 in Social Class and the Division of Labour, eds. A. Giddens and G. McKenzie. Cambridge: Cambridge University Press.
Halliday, Terence C. 1999. “Politics and Civic Professionalism: Legal Elites and Cause Lawyers.Law & Social Inquiry 24: 1013-1060.

Week 13: Law and Development
November 27 (Tuesday)
Trubek, David M. 1972. “Toward a Social Theory of Law: An Essay on the Study of Law and Development.Yale Law Journal 82: 1-50.
Trubek, avid M., and Marc Galanter. 1974. “Scholars in Self-Estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States.” Wisconsin Law Review 1974: 1062-1102.
Merryman, John Henry. 1977. “Comparative Law and Social Change: On the Origins, Style, Decline, and Revival of the Law and Development Movement.” American Journal of Comparative Law 25: 457-491.
Tamanaha, Brian Z. 1995. “The Lessons of Law-and-Development Studies.” American Journal of International Law 89: 470-486.
Chua, Amy L. 1998. “Market, Democracy, and Ethnicity: Toward a New Paradigm for Law and Development.Yale Law Journal 108: 1-107.
Garth, Bryant G. 2002. “Building Strong and Independent Judiciaries Through the New Law and Development: Behind the Paradox of Consensus Programs and Perpetually Disappointing Results.” DePaul Law Review 52: 383-400.

Week 14: Legal Mobilization
December 4 (Tuesday)
Zemans, Frances Kahn. 1983. “Legal Mobilization: The Neglected Role of the Law in the Political System.” American Political Science Review 77: 690-703.
Burstein, Paul. 1991. “Legal Mobilization as a Social Movement Tactic: The Struggle for Equal Employment Opportunity.” American Journal of Sociology 96: 1201-1225.
Edelman, Lauren B., Howard Erlanger, and John Lande. 1993. “Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace.” Law & Society Review 27: 497-534.
Silbey, Susan, and Patricia Ewick. 2003. “Narrating Social Structures: Stories of Resistance to Legal Authority.American Journal of Sociology 108: 1328-1372.
Albiston, Catherine. 2005. “Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights.” Law & Society Review 39: 11-50.
McCann, Michael. 2006. “Law and Social Movements: Contemporary Perspectives.” Annual Review of Law and Social Science 2: 17-38.

Week 15: Law and Globalization
December 11 (Tuesday)
Halliday, Terence C., and Pavel Osinsky. 2006. “Globalization of Law.Annual Review of Sociology 32: 19.1-19.24.
Trubek, David M., Yves Dezalay, Ruth Buchanan, and John R. Davis. 1994. “Global Restructuring and the Law: Studies of the Internationalization of the Legal Fields and the Creation of Transnational Arenas.” Case Western Law Review 44: 407-498.
Santos, Boaventura de Sousa. 2002. Toward a New Legal Common Sense (2nd edition). London: Butterworths. (Chapters 5-6)
Dezalay, Yves, and Bryant G. Garth (eds.). 2002. Global Prescriptions: The Production, Exportation, and Importation of a New Legal Orthodoxy. Ann Arbor: University of Michigan Press. (Choose at least 4 of the 11 chapters to read)
Liu, Sida. In press. “Legal Profession as a Social Process: A Theory on Lawyers and Globalization.” Law & Social Inquiry, forthcoming.