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SOCY 791D - LAW AND SOCIAL CONTROL - Fall 2006
Instructor: Mathieu Deflem, Ph.D.
University of South Carolina
Office Sloan 217.|.Email deflem@sc.edu
Class meets M 4:00 p.m. 
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XCourse Outline Sociology of Law and Social Control
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www.socoflaw.net
COURSE OBJECTIVES
This course is a graduate-level seminar on the sociological study of law and social control. This is a combined lecture and student-presentation course that surveys some of the most important theoretical and empirical developments in the sociology of law and social control. It is designed to introduce graduate students to some key theories and research traditions in the sociological study of law and social control and to stimulate them to actively contribute in substantive theoretical and empirical ways, at the highest level of academic rigor, in this exciting subfield of sociology. This course will review and analyze the specific characteristics of the manner in which sociologists study law and social control and seeks to explain some of the patterns and dynamics of law and social control in a variety of social settings. Emphasis is on the classics as well as selected theoretical chapters in modern and contemporary sociology. We also discuss a selection of theoretically framed empirical themes of law and social control, including law and politics, the legal profession, inequality and law, and the globalization of law and social control. 

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

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Professor Mathieu Deflem
XSociology of Law and Social Control
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TOPICS 
Introduction: Sociology, Law, and Social Control

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
XSociology of Law and Social Control
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ASSIGNMENTS & GRADING
AtThis course aims to operate at the highest level of sophistication and scholarly accomplishments in sociology. Students are therefore encouraged and expected to prepare an in-class presentations and accompanying mid-term discussion paper, as well as a final research paper. Papers should follow the citation style and reference format of the ASA (see ASA reference style). Here are some details (more information later):

1)  In-Class Presentations and Mid-Term Discussion Paper (40% of your grade) 
     Students will prepare a detailed presentation on a theme related to the course and write a discussion paper on the basis thereof. I will offer more specific guidelines on these presentations during the semester. In the Fall of 2006, these assignments will be based on readings accompaying the preparation of a new book on the sociology of law. 

2)  Final Paper (60% of your grade) 
     The final research paper for this class is a report of a study about a topic of your choice in the sociology of law and social control. The paper should follow the style and approach of an article published in a professional sociology journal. To complete the paper, you are advise to prepare the following materials successively: a) Proposal: a brief explanation of your topic; b) Bibliography: relevant sociological writings; c) Outline: an overview of your entire argument; and d) Paper: the actual work of about 20-25 pages total. Students can also double their work for the first assignment on the basis of an assigned task on a topic determined by the instructor in lieu of a final paper on a topic of their choice. More details later. 



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 and Social Control
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REQUIRED READINGS
BOOKS

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

Weber, Max. 1954 (1922) On Law in Economy and Society, edited by Max Rheinstein. New York: Simon and Schuster (now out of print). Also available as “The Sociology of Law” and other selections from Economy and Society.

Durkheim, Emile. (1893) 1984. The Division of Labor in Society. New York: The Free Press.

Durkheim, Emile. (1900) 1992. Professional Ethics and Civic Morals. London: Routledge. 

Deflem, Mathieu, editor. 1996. Habermas, Modernity and Law. London: Sage Publications. 

Foucault, Michel. (1975) 1977. Discipline and Punish: The Birth of the Prison. New York: Pantheon. 

Deflem, Mathieu. 2002. Policing World Society: Historical Foundations of International Police Cooperation. Oxford; New York: Oxford University Press. 
 

ARTICLES & SCHEDULE - All articles are available online! 

Go to socoflaw.net for chapter overviews and online copies of the articles. Consult your syllabus for final selection of readings! 

Week 1: Introduction: Sociology, Law, and Society
Deflem book, Introduction 

Week 2: Law and the Rise of the Social Sciences
Deflem book, Chapter 1.
Ehrlich, Eugen. 1916. Montesquieu and Sociological Jurisprudence.
Marx, Karl. 1846. First selection from The German Ideology: Part I: Feuerbach, Section B.
Marx, Karl. 1846. Second selection from The German Ideology
Marx, Karl. 1869. Report of the General Council on the Right of Inheritance. 

Week 3: Max Weber on the Rationalization of Law
Deflem book, Chapter 2.
BOOK: Weber, Max. 1954 (1922) On Law in Economy and Society. 

Week 4: Emile Durkheim on Law and Social Solidarity
Deflem book, Chapter 3.
BOOK: Durkheim, Emile. (1893) 1984. The Division of Labor in Society.
BOOK: Durkheim, Emile. (1900) 1992. Professional Ethics and Civic Morals. 

Week 5: The Theoretical Move Towards the Sociology of Law
Deflem book, Chapter 4.
Timasheff, Nicolas S. 1938. The Sociological Place of Law.
McDonald, Pauline. 1979. The Legal Sociology of Georges Gurvitch. 

Week 6: From Sociological Jurisprudence to Sociology of Law
Deflem book, Chapter 5.
Holmes, Oliver Wendell. 1897. The Path of the Law. 
Pound, Roscoe. 1943. Sociology of Law and Sociological Jurisprudence. 
Llewellyn, Karl N. 1930. A Realistic Jurisprudence —The Next Step. 

Week 7: Sociology of Law and the Antinomies of Modern Thought, Part I
Deflem book, Chapter 6.
William J. Chambliss. 1964. A Sociological Analysis of the Law of Vagrancy. 
Turk, Austin T. 1976. Law as a Weapon in Social Conflict. 
Hunt, Alan. The Ideology of Law. 

Week 8: Sociology of Law and the Antinomies of Modern Thought, Part II
Nonet, Philippe. For Jurisprudential Sociology.
Black, Donald J. 1972. The Boundaries of Legal Sociology. 
Posner, Richard A. An Economic Approach to Legal Procedure and Judicial Administration.

Week 9: Law and Economy: The Regulation of the Market
Deflem book, Chapter 7.
Lauren B. Edelman, and Mark C. Suchman. 1997. The Legal Environments of Organizations.
Erin Kelly, and Frank Dobbin. 1999. Civil Rights Law at Work.

Week 10: Law and Politics: The Role of Democratic Law
Deflem book, Chapter 8.
BOOK: Deflem, Mathieu, editor. 1996. Habermas, Modernity and Law. 
Uggen, Christopher, and Jeff Manza. Democratic Contraction? Political Consequences of Felon Disenfranchisement in the United States. 

Week 11: Law and Integration: The Legal Profession
Deflem book, Chapter 9.
Heinz, John P.; Edward O. Laumann; Robert L. Nelson; Ethan Michelson. The Changing Character of Lawyers' Work: Chicago in 1975 and 1995. 
van Hoy, Jerry. Selling and Processing Law: Legal Work at Franchise Law Firms. 

Week 12: Law and Culture: The Balance of Values Through Norms
Deflem book, Chapter 10.
Delgado, Richard. Affirmative Action as a Majoritarian Device. 
Hull, Kathleen E. The Political Limits of the Rights Frame: The Case of Same-Sex Marriage in Hawaii.
Deflem, Mathieu. The Boundaries of Abortion Law. 

Week 13: Social Control: The Enforcement of Law
Deflem book, Chapter 11.
BOOK: Foucault, Michel. (1975) 1977. Discipline and Punish.
Deflem, Mathieu. Social Control and the Policing of Terrorism.

Week 14: The Globalization of Law
Deflem book, Chapter 12.
Boyle, Elizabeth Heger; Fortunata Songora; Gail Foss, International Discourse and Local Politics. 
BOOK: Deflem, Mathieu. 2002. Policing World Society. 


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