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SOCY 540 - SOCIOLOGY OF LAW - Fall 2009
Instructor: Mathieu Deflem, Ph.D.
University of South Carolina
Office Sloan 217.|.Email deflem@sc.edu
Class meets M-W at 2:30 p.m.
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XCourse Outline Sociology of Law
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COURSE OBJECTIVES
This course is designed for upper-level undergraduates majoring or minoring in sociology and is also open to graduate and law-school students. It reviews the most important developments, both theoretical and empirical, in the sociology of law. The goal of the class is to understand some of the specific characteristics of the manner in which sociologists study law as well as to explain some of the patterns and dynamics of law in a variety of social settings. 

Successive sections of this course will focus on: classical theoretical contributions to the sociology of law; selected chapters in modern sociology of law; and a useful selection of empirical themes of law and law-related processes and structures to which the sociological theories will be applied. These empirical topics include, but are not necessarily limited to: law and economy; law and politics; law and culture; social structure and law; legality and legitimacy; the legal profession; law and inequality; and globalization and law. 

Prerequisites: Please be aware that this is a relatively demanding course, which requires, on average, at least two to three hours of work outside class every week. The lectures, readings, and assignments for this course are extensive and of the highest academic rigor and sociological expertise. This course is primarily designed for sociology majors and minors at the senior and junior levels, but other students with sufficient background knowledge in relevant issues are welcome to sign up. This is not a course in law, but in the sociology of law. Participation in this class requires considerable background knowledge in sociology, especially in sociological theory. A necessary prerequisite for this course is a Sociology 300-level course, or SOCY 507, or consent of the instructor. Graduate and law-school students who wish to take this course must consult the instructor prior to enrolling in the course. 

Course evaluations are available from my Student Pages.

Please note that the syllabus for this course is only handed out in class. This online course outline is not the syllabus and is posted only for your information and to gain access to the online readings. 

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Professor Mathieu Deflem
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CONTENTS
Introduction: Sociology, Society, and Law

Part I. Theoretical Foundations of the Sociology of Law

1) Law and the Rise of the Social Sciences
2) Max Weber on the Rationalization of Law
3) Emile Durkheim on Law and Social Solidarity
Part II. Development and Variations of the Sociology of Law 
4) The Theoretical Move Towards the Sociology of Law
5) From Sociological Jurisprudence to Sociology of Law
6) Sociology of Law and the Antinomies of Modern Thought
Part III. Sociological Dimensions of Law
7) Law and Economy: The Regulation of the Free Market
8) Law and Politics: The Role of Democratic Law
9) Law and Integration: The Legal Profession
10) Law and Culture: The Balance of Values Through Norms
Part IV. Special Problems of Law
11) Social Control: The Enforcement of Law
12) The Globalization of Law
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Professor Mathieu Deflem
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ASSIGNMENTS & GRADING
To successfully complete this course, students need to fulfill a series of writing assignments and tests, as well as a cumulative final exam. The writing assignments should enable students to get a feel for the sociological relevance of issues pertaining to the role of law in society. Some of these writings are empirical, others will make an attempt to apply some of the sociological theories we discuss in class. The in-class tests measure students' command of issues explicitly addressed in class or in the readings. 

1) The writing assignments are type-written reports of original research done by the students. Each of the assignments addresses a clearly defined question which the instructor will introduce at least one week before the assignment is due. Papers should follow the citation style and reference format of the American Sociological Association (see ASA reference style). A more detailed explanation of these various assignments will be provided in class. Here is a brief explanation: 

  • Journal article summary (3 pages): look up an article that is cited in Deflem’s Sociology of Law book from the following LIST OF ARTICLES and summarize the article. 
  • Theory analysis (3 pages): apply a theory discussed in class to the sociological journal article from the prior assignment. 
  • 2) The tests are spread out over the semester and always cover a specific section of the course. Note that the final exam is cumulative. There are four tests during the semester and there is a cumulative final exam. I will give more explanations of the assignments and exams during the semester. I hand out assignments, instructions, and other materials only during the class. Failure to comply with the University’s regulations concerning academic integrity (such as through cheating and plagiarism) will automatically result in a failing grade for the course and will be dealt with on the basis of the USC Honor Code (see also the FAQs page). 

    The grade for this course is calculated on the basis of the tests, writing assignments, and the final exam, which is cumulative. The assignments count for a total of 200 points, distributed as follows: 

    Tests:
          Test 1:        25 points 
          Test 2:        25 points
          Test 3:        25 points 
    Writing Assignments:
          Paper 1 (summary):     25 points
          Paper 2 (analysis):       25 points
    Final Exam (cumulative):    75 points 
      TOTAL:          200 points
    Grading: A = 90% or more; B+ = 86% or more; B = 80% or more, C+ = 76% or more, C = 70% or more, and so on. There is no grading curve nor is there the possibility of an extra-credit assignment. Late assignments will receive a grade penalty except when students notified the instructor during office hours or by email of an emergency situation. Students cannot receive a passing grade unless they have completed all assignments

    Please note that the USC Undergraduate Studies Bulletin states: "Students are obligated to complete all assigned work promptly, to attend class regularly, and to participate in whatever class discussion may occur. Absence from more than 10 percent of the scheduled class sessions, whether excused or unexcused, is excessive and the instructor may choose to exact a grade penalty for such absences... It is the student's responsibility to keep informed concerning all assignments made. Absences, whether excused or unexcused, do not absolve the student from this responsibility... Students' grades in their courses are determined by class standing and examination grade, combined in such proportion as the professor may decide."

    If students know they will miss or already have missed a class, I appreciate very much that they let me know. Students are very much encouraged to talk with me about any emergency situation that may arise! It is the students' responsibility to retrieve whatever information and/or hand-outs that they may have missed when they did not attend class. Further specifications of class policies may be determined during the semester. Failure to comply with the University’s exam regulations will automatically result in a failing grade. 

    FINAL EXAM: Check the Final Exam Schedule on the Registrar’s Office webpages:http://registrar.sc.edu/html/calendar/default.stm



    CLASS CONDUCT CODE

    In terms of my teaching philosophy, I believe that a useful education must involve qualification on the part of the instructor as well as serious effort on the part of the student. This means that you can expect me to do my job as much as I expect you to do yours. Therefore, I expect you to adhere to the following class rules: 1) when you choose to come to class, you arrive on time; and 2) when you choose to come to class, you pay attention for the entire time the class meets and you do not engage in disorderly conduct as defined in USC’s Student Code of Conduct Policy.* Once you have left the classroom during the class, you are not allowed to reenter. The use of cell phones in the classroom, for whatever purpose, is prohibited. Any infraction of these rules will result in a failing grade (F). This rule is enforced without exception and without warning. Further classroom conduct and exam regulations may be specified during the semester. 

    * Our university’s Student Code of Conduct Policy includes this provision: “Disorderly Conduct: Individual or group behavior that interferes with the freedom of expression, movement or activity of others, or with the educational mission of the University is prohibited. Such conduct includes, but is not limited to, unwelcome physical contact, harassment, or classroom behavior that interferes with either: (a) the instructor’s ability to conduct the class or instructional program; or (b) the ability of other students to profit from the class or instructional program.”

    There is no attendance policy beyond the University’s regulations in this matter. Should you wish to do well in this course, attendance will be useful. When you choose to attend the course, I expect that you adhere to the classroom policies and that you attentively participate in the lectures, rather than just try to copy what is written down on the white board. 

    I very much welcome your visit during my office hours or by appointment to talk about anything that you think is useful for your education. When you email me, you are expected, in order to receive a response, to use the course number in the subject line and to start the message with a formal greeting. 



    CONTACT INFORMATION
    Professor Mathieu Deflem, Ph.D., Office: Sloan College 217
    Office Hours: M-W 10:00-11:00 a.m. & F 3:00-5:00 p.m. Messages via email deflem@sc.edu
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    Professor Mathieu Deflem
    XSociology of Law
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    READING LIST
    There is one required book as well as a collection of required articles. Regardless of the manner in which these materials are discussed in class, they comprise all of the required readings for this class. 

    BOOK

    Mathieu Deflem. 2008. Sociology of Law: Visions of a Scholarly Tradition. Cambridge University Press. 

    REQUIRED ARTICLES

    These articles are all available online. Some of the readings can only be accessed from University servers or by proxy (USC) in Netscape, or by adding the following prefix to every linked article in a database to which a subscription is required: pallas2.tcl.sc.edu/login?url= e.g. http://www.jstor.org/ becomes http://pallas2.tcl.sc.edu/login?url=www.jstor.org/

    Marx, Karl. 1846. Selection from The German Ideology: “The Relation of State and Law to Property.” & Marx, Karl. 1869. Report of the General Council on the Right of Inheritance.”

    Chambliss, William J. 1964. "A Sociological Analysis of the Law of Vagrancy." Social Problems 12(1):67-77.

    Nonet, Phillipe. 1976. "For Jurisprudential Sociology." Law & Society Review 10(4):525-545.

    Black, Donald. 1972. “The Boundaries of Legal Sociology.” The Yale Law Journal 81:1086-1100. 

    Deflem, Mathieu. 1998. “The Boundaries of Abortion Law: Systems Theory from Parsons to Luhmann and Habermas.” Social Forces 76(3):775-818. 

    Deflem, Mathieu. 2006. "Global Rule of Law or Global Rule of Law Enforcement? International Police Cooperation and Counter-Terrorism." The Annals of the American Academy of Political and Social Science 603:240-251. 



    NOTE: REQUIREMENTS FOR GRADUATE & LAW-SCHOOL STUDENTS

    Graduate and law-school students have to complete all of the readings and exams that are specified for undergraduates. Moreover, there are supplementary readings and the following additional assignments: a mid-term paper and a final paper. Additional required readings and further specifications of the assignments for graduate and law-school students will be made available by the course instructor. Please email the instructor for further details. 


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