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NCJ Number: 64050 Find in a Library
Title: STRUCTURE, LAW, AND POWER - ESSAYS IN THE SOCIOLOGY OF LAW
Corporate Author: Sage Publications, Inc
United States of America
Editor(s): P J BRANTINGHAM; J M KRESS
Date Published: 1979
Page Count: 160
Sponsoring Agency: Sage Publications, Inc
Thousand Oaks, CA 91320
Sale Source: Sage Publications, Inc
2455 Teller Road
Thousand Oaks, CA 91320
United States of America
Language: English
Country: United States of America
Annotation: THIS COMPILATION OF ESSAYS ON THE SOCIOLOGY OF CRIMINAL LAW EXPLORES THE CONCEPTUAL FRAMEWORK OF JURISPRUDENCE AND THE RELATION BETWEEN LAW AND CRIMINOLOGY.
Abstract: EXTANT LITERATURE ON THE SOCIOLOGY OF CRIMINAL LAW TENDS TO FALL INTO TWO GENERAL CLASSES: (1) NARROWLY EMPIRICAL, CONCERNED PRIMARILY WITH TESTING PROPOSITIONS DERIVED FROM THE WORK OF SOCIOLOGISTS TO THE EXCLUSION OF OTHER SOCIAL SCIENTISTS, PHILOSOPHERS, LAWYERS, AND PRACTITIONERS; AND (2) POLEMICAL, CONCERNED PRIMARILY WITH WINNING IDEOLOGICAL DISPUTES ABOUT THE PHILOSOPHY OF SCIENCE OR 'TRUTH' OF THE CONSENSUS-CONFLICT DEBATE. TECHNICAL STRUCTURES AND FORMS OF THE LAW, DISTINCTIONS AND DIFFERENTIAL HIERARCHIES OF POWER WITHIN THE LAW, AND DIFFERENT LEGAL SUBJECTS DEMONSTRATE THAT FAILURE TO BE CONCERNED WITH THE LAW'S STRUCURE AND CONTENT, JURISPRUDENCE, AND LEGAL PHILOSOPHY CAUSES PROBLEMS. LITTLE EFFORT HAS BEEN MADE TO EXPLOIT THE INTELLECTUAL POTENTIAL OF POUND'S WORK ON SOCIOLOGICAL JURISPRUDENCE AND REALIST JURISPRUDENCE CONCEPTS IMPORTANT TO LEGAL EDUCATION IN THE 1930'S. FURTHER, NORTH AMERICAN AND ENGLISH LEGAL SYSTEMS ARE DOMINATED BY CLASSICAL CRIMINOLOGY. ESSAYS ADDRESS CONCEPTUAL PROBLEMS IN CONSTRUCTING A SOCIOLOGY OF CRIMINAL LAW, DIFFERENT SOCIOLOGICAL AND JURISPRUDENTIAL CONCEPTUALIZATIONS OF LAW (THEOLOGICAL, EXISTENTIALIST, ANARCHIST, MARXIST, LEGALIST, AND POSITIVIST), THE DEFINITION OF LAW, AND EMPIRICAL STUDIES OF ISSUES IN THE SOCIOLOGY OF CRIMINAL LAW (CONSENSUS-CONFLICT DEBATE, GENERALITY OF KNOWLEDGE ABOUT LEGAL RULES, CHARACTER OF SOCIAL SUPPORT FOR LAW, AND SOCIAL IMPACT OF LAW). ALSO EXAMINED ARE SOCIAL AGREEMENT OF LAW WITH AND SOCIAL IMPACT OF THREE FORMS OF LAW (CONSTITUTIONAL, CRIMINAL, AND CIVIL), WHITE-COLLAR CRIME, CRIMINAL SANCTIONS AGAINST WATER POLLUTION, PROPOSED LEGISLATION THAT FAILED TO BECOME LAW, UNSUCCESSFUL EFFORTS TO REFORM CANADA'S COMBINES INVESTIGATION ACT (COMPARABLE TO U.S. ANTITRUST LEGISLATION), AND CLASSICAL CRIMINOLOGY. TABULAR DATA, NOTES, AND REFERENCES ARE INCLUDED. (DEP)
Index Term(s): Criminology; Jurisprudence; Social control theory; Sociology
Note: SAGE RESEARCH PROGRESS SERIES IN CRIMINOLGY, V 13
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64050

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