February 26, 2015
As you know, I was unable to make it to campus today due to icy roads that kept me from driving to the train station. I asked everybody to summarize one of the 12 readings and the idea was that we would go through them for everybody's benefit. Instead, we missed that. I set up a chat session on Blackboard but only two students joined it. So, I would like all of you to post here, on this page, your answers to the four questions I asked you to prepare for. This way we have a full set of summaries of the articles. Just type your own responses to the questions into the spaces I created (below the reading assignment table), and be sure to put your name down as well.

1. What question is the author trying to answer?
2. What is the methodology?
3. What are the main findings?
4. What does the article tell us about the relationship between law and social change?
Week / T-Th
Units
Readings: Tuesday
Readings: Thursday
1 Jan. 13/15
Introduction
MFM Ch. 1
No readings. Explanation of the course.
MFM pages 1-30. Stuart Macaulay, “Images of Law in Everyday Life” MFM pp.1-30
Liqa Affaneh, Elvia Anguiano Palafox
2 Jan. 20/22
The legal system at work: what we know and how we know it
MFM Ch. 2
Miranda v. Arizona (on Blackboard); Richard A. Leo, “Miranda’ Revenge: Police Interrogation as a Confidence Game,” MFM at pp. 58-75.
Brenda Capistrano, Paul Conant
H. Laurence Ross, “Settled Out of Court: The Social Process of Insurance Claims Adjustment” MFM pp. 92-100;
Laith Dasoqi, Wafeek Elafifi
3 Jan. 27/29

Read David R. Mayhew, “Congress: The Electoral Connection.” MFM pp. 115-125
Stacey England, Maria Estrada
Robert A. Kagan, “Adversarial Legalism: The American Way of Law,” MFM pp. 125-141
Kaitlin Krenning, Carrington Lemon
4 Feb. 3/5
The Impact of Society on Law MFM Ch. 3
MFM pp. 143-161Introduction; Sally Engle Merry, “Going to Court: Strategies of Dispute Management in an American Urban Neighborhood.”
Alena Lulchak, Dina Lupancu
MFM pp. 161-186—Max Reinstein, ed., “Max Weber on Law in Economy and Society”
Fernando Martinez, Ahmad Mohammad
5 Feb. 10/12

How does social change affect legal change? Read MFM pp. 186-195—“The social context of legal change”
Brenda Olvera, Evan Ostrega
Lawrence Friedman and Jack Ladinsky, “Social Change and the Law of Industrial Accidents”; MFM pp. 195-213
Shea Reynolds, Liliana Rzepecka, Mike Halpin
6 Feb. 17/19

Scandals and crises; manufacturing public opinion; “Note: Upton Sinclain, The Jungle, and the Background of the First Food and Drug Act”; Michael McCann et al., “Java Jive: Genealogy of a Juridical Icon.” MFM pp. 213-251
Humaa Siddiqi, Sam Strader
Law as the product of legal culture; Lawrence Friedman, “Legal Culture and the Welfare State,” MFM pp. 260-270
Priya Uppuluri, Margaret Vesely
7 Feb. 24/26

Case studies of the production of law: read intro on “Changing America’s Divorce Laws,” and Herbert Jacobs, “Silent Revolution”, MFM pp. 285-313
Ed Wells
Catch up and review




Congress: The electoral Connection By; David Mayhew
Maria Estrada


1. What question is the author trying to answer?
" What kinds of activity that goals implies and, how congressmen so motivated are likely to go about building and sustaining legislative institutions and policy making?
2. What is the methodology?
" Matching abstract with factual" information . Mayhew focuses on the individual congressmen and not the political party. He talks about their incentives and behavior while in office to secure reelection.
3. What are the main findings?
The main findings in this article is that individuals behavior in office affects the ability to work while in office often because, they want to make sure they have a good chance to be reelected back into office. This means the a congressmen may act "safely" or not take a position to ensure reelection. The congressmen is more worried about reelection then actually doing his/her job while in office. The congressmen may use elaborate schemes or other resources that translates into votes.Resources such as money, media, and credit claiming are most often used.
4. What does the article tell us about the relationship between law and social change?
This article tells us a lot about the relationship between social change and law. Social change can possibly dictate the behavior of a congressman in office. This then affects the congressman to do his job and make policy overall.





Macaulay: “Images of Law in Everyday Life”

Liqa Affaneh

1. What question is the author trying to answer?
- The author, Macaulay is trying to answer the question of formal law mirroring law in action. The answer is it is not at all mirrored. The law in the books in fact differs to a great extent from the law in action or in other words, reality. Also, i think he brushes upon the question of just how much people really know about the formal law.
2. What is the methodology?
- The methodology that Macaulay uses to go about answering his own posed question is by providing three components of american culture through lessons of school, entertainment, and spectator sports.
3. What are the main findings?
- The lessons of schools bring on the question of just how much truth textbooks hold mainly because most of the textbooks are published by private publishers writing what they want to write for marketing purposes instead of publishing for the common good of the student(s) whom will read these textbooks. Entertainment is brought up to explain the visuals or presentations of the legal system on television and through films showing how unrealistic the legal system is portrayed yet people will still most likely watch these shows and probably acquire a lot of legal knowledge through these shows, according to the text, because it would not be learned about other wise unless you are interested in the subject of law. Sports is talked about as a source of authority because it sends a mixed message about those who are in charge being most powerful and more likely able to act as well as the crowd's or the people's rapidness of accepting these basic rules in typical sports or in general that constitute the game or way of life without question or thinking twice about it.
4. What does the article tell us about the relationship between law and social change?
- Formal law is very different from reality. Formal or legal equality is not mirrored in reality because reality shows us visible inequalities among one another through things such as opportunity. Formal law or the law in the books is far from portraying the equality that everyone is said to have or obtain before the law ("We are all equal before the law"). That is not how it really is.


Elvia Anguiano
1. What question is the author trying to answer?
- Where do people (society) get their knowledge of law and whether law creates society or vice versa (law is marginal).

2. What is the methodology?
- According to pg. 186 he uses writings from historians, critics, and social scientists. He also uses his own knowledge, what friends say, and his own speculation.

3. What are the main findings?
- People learn about the law through:
-schools: overtly through books and classes and a hidden curriculum (we learn to cope with authority and work around the rules)
-entertainment: tv and movies which misrepresent the system
-sports: learn about rules and breaking them

4. What does the article tell us about the relationship between law and social change?
- We learn that law is an important part society. However, society has a distorted view of how the law system actually works. We also learn that we tend to follow rules more often, thus not really causing change. Then when a law is inconvenient for society they will most likely find a way to work around the law rather than demanding a change.


Richard A. Leo
(2.3) Miranda’s Revenge: Police Interrogation as a Confidence Game
Brenda Capistran



1. What question is the author trying to answer?

-Richard A. Leo observed that despite the Miranda decision 78% of custodials waived their Miranda Rights and 64% provided incriminating confessions. In his article he seeks to explain why this is the case. He says that the contemporary interrogation methods have evolved after the Miranda decision. His main question: How have police officers adapted to the Miranda decision in order to still keep getting a high level of rights waivers and confessions?




2. What is the methodology?


Richard A.Leo understood that interrogation methods might not have been studied because interrogations are secluded from the view of many. Leo did just that, studied and observed a total of 182 police interrogations [live or through video tape], interviewed detectives (formally and informally), attended 6 interrogation training courses, in over a period of 9 months. He “recorded [his] observations qualitatively with a 47-question coding sheet”.

Observational Methods




3. What are the main findings?

Answer: Contemporary police interrogation has become a confidence game.

The confidence game in the interrogation room can be broken down into a sequence of events that form part of a larger whole. The detective must move his victim along through these stages.

Qualifying:

This involves 2 consecutive stages 1) size up the suspect and the case against prior to questioning. 2) psychologically size up the suspect. (Behavioral analysis)

Serves to determine what strategy the detective will use with the suspect.

Cultivating:

Get the suspect on a submissive mood. Police think suspect is guilty. Intended to raise the suspects anxiety levels. Detectives talk about the Miranda rights as just a formality, something you have watched on television. The detectives try to appear like they know all there is to know about the case, that this is the only chance the suspect has of telling the story.

Conning:

Detectives tell or demonstrate to the suspects they have incriminating evidence, show large stack of fake papers, they also say that state’s attorney would give max sentence if they feel the suspect is lying. The detectives again point to their experience and that they know when someone is lying. Detectives also invoke the sensitivities of the judge and the state’s attorney, who are said to be more lenient on suspects that show remorse.Eliciting the confession. The detectives try to appear as a friend or ally, show themselves as mere fact finders who share a “common interest” with the suspect.

Cooling:

The detective wants the suspect to accept responsibility for his actions, “and leave the interrogation room certain in his belief that confessing to the police was the best course of action”.




4. What does the article tell us about the relationship between law and social change?

It shows how legislators and courts write rules, but that people with goals (example the detectives) implement them, that is where problems could arise. This is a continuing issue in the relationship between law and society. The Miranda rights were criticized by many who thought this procedure would let many criminals free, yet through the implementation of the formal law (law in action) this did not happen at all. Instead detectives accommodated to this new law in reflection of their goals. (Link between law and a change in society-ie the contemporary police interrogation).




Ross


Mayhew

Kagan: "Adversarial Legalism: The American Way of Law"

Carrington Lemon

1. What question is the author trying to answer?
The author attempts to provide a descriptive and explanatory perception of adversarial legalism. He explains how to understand adversarial legalism from a social scientific point, shows how and why it differs from other economically advanced democracies, and how it frustrates the quest for justice.
2. What is the methodology?
Kegan explains the Oakland dredging case, exposing inconsistencies in the law and the lag it takes to get to a conclusion because lawyers and judges innovative legislation.
3. What are the main findings?
Kegan says that adversarial legalism can be very complicated for those who are not familiar with it. Kegan finds that adversarial legalisms makes it hard to seek quick conclusions, disputes are the same but penalties are different, everyone interprets the law differently, and lawyers and judges are the ones who make the decisions.
4. What does the article tell us about the relationship between law and social changes?
The relationship between law and social changes has a very obvious connection. The Oakland dredging case is a perfect example of how the law sometimes has to change to attempt to satisfy every party involved. When one party found a dispute in the work that was being done, they went to the law to look for a loophole to make sure things worked out in their favor. Because of this, lawyers and judges continued to make different decisions, which changes the law and changes the perspective of people in society.



Katie Krenning

1. What question is the author trying to answer?
The author attempts to define and explain American law in regards to adversarial legalism, while comparing it to other economically developed countries that also practice democracy. This article highlights the positives of adversarial legalism, such as every case being so unique that it reemphasizes the American way of life, but also points out the down falls, such as long processes and inconsistency.

2. What is the methodology?
The author examines the Port of Oakland dredging case (1970) to help show why adversarial legalism can be helpful to society and particular interest groups but also how adversarial legalism can also prolong and cause unnecessary processes. For instance, if each case wasn't so flexible and American courts/ judges enforced a stricter law, much time and money would be saved.

3. What are the main findings?
The author finds that adversarial legalism is very unique, and many other countries practice law in a more strict manner. American policy allows for inconsistency because of the uniqueness to every case and the hierarchy figures who decide the outcomes.

4. What does the article tell us about the relationship between law and social change?
This article shows the relationship between society and law by detailing a specific case that involved many different interest parties. The struggle of changing a law is possible, but it is a long and complicated process that society must care about in order to change. Once a conclusion has been decided by the higher, fragmented powers of court, the law is changed and therefore changes society as a result.

Merry: “Going to Court: Strategies of Dispute Management in an American Urban Neighborhood.”
Dina Lupancu
  1. 1. What question is the author trying to answer?

    1. a. The author is trying to answer what role the criminal courts have in dispute management strategies in multiethnic American neighborhoods. What measures do residents take in resolving disputes and what factors contribute to their choice of resolution?
  2. 2. What is the methodology?

    1. a. Merry conducted a case study, focusing on residents in the Dover Square community, a heterogeneous urban housing project. She observed and collected data on ethnic groups such as African Americans, Chinese, and Syrian-Lebanese living in the community.
  3. 3. What are the main findings?

    1. a. Merry found that the nature of the social structure surrounding disputants significantly affects their strategies of dispute management. Residents use mechanisms such as gossip, avoidance, violence, or third parties to try and resolve conflicts.
    2. b. She also found that weaker individuals less capable of defending their interests commonly used courts. Also women, whites, half of African Americans, and those without a record and with special knowledge of the court system. Those who resorted to courts least were Chinese, people with a criminal record, and stronger individuals who resort to violence.
    3. c. Merry found that the future of the relationship also plays a role in whether or not residents resort to court. If a relationship was going to soon be terminated or could be easily, courts were used. If not, the residents resorted to their own way of dealing with the conflict. Tightknit communities like the Chinese do not resort to court because they rely heavily on the community and stay connected regardless if they move. The Chinese used social pressure and economic power of the merchants to restore order in times of conflict.
  4. 4. What does the article tell us about the relationship between law and social change?
    1. a. This article does a good job of showing how law and society are interconnected. This means that social change affects law and law affects social change. Economic and social forces are ultimately used as a growing equilibrium in communities and social order doesn’t always involve the court system. Informal measures are used to deal with disturbances within a community and formal measures as sanctions, a way to harass an enemy rather than settle the dispute. There are many factors that contribute to whether or not residents resort to the court system and like the article shows, social aspects play a significant role in that decision.

Merry: “Going to Court: Strategies of Dispute Management in an American Urban Neighborhood.”
Alena Lulchak: Q1. What question is the author trying to answer? The author is trying to answer is what factors matter for individuals to decide on whether they want to participate in the formal or informal dispute resolution proceedings. Then, why do some people participate in the informal proceedings more often than formal? Q2. What is the methodology? Merry observed African Americans, Chinese, and Syrian-Lebanese residents in the Dover Square Community. Q3. What are the main findings? Merry found that the individual's cultural and ethnic background mattered for deciding which dispute resolution proceeding to participate in. For example, Chinese residents were more likely to participate in the informal aspect through gossip. Merry also found that women and Caucasian residents were most likely to unitize the courts, while people with a criminal record were least likely. Merry also found that the relationship between individuals mattered in determining if those individuals would participate in the formal or informal dispute resolutions. Q4. What does the article tell us about the relationship between law and social change? The article shows us that social environments and cultural expectations have a big part in the way each community sees the formal dispute resolutions proceedings and law, as a whole. The article explains that there are certain people who will utilize courts and those are the people who may not be able to fix the issues by themselves. While others may want to take the law into their own hands and would not want to go to court to resolve issues--those would be the people who have criminal records, since they are the least likely to participate in formal proceedings like these.

Reinstein

Fernando Martinez
"Max Weber on Law in Economy and Society" (pg. 161-186)
1) What question is the author trying to answer?

The question cannot be condensed into a single question. Rather, there are two questions. “What are the qualities of a truly ‘rational’ legal system?” “In which way are the different legal systems of the world developing, more ‘rational’ or more ‘irrational?’”

2) What is the methodology?

Max Weber uses a very sociological, and slightly historical, perspective when answering these questions. He mentions several different legal systems, most notably as the American and English systems, and compares them to each other as well as slight mentions of other legal systems, as when he mentions the Khadi judges.

3) What are the main findings?

He answers the first question in the very beginning as he lists out five postulates that are required for a ‘rational’ legal system. They are: 1) “that every concrete legal decision be the ‘application’ of an abstract legal proposition to a concrete ‘fact situation,’ 2) “that it must be possible in every concrete case to derive the decision from abstract legal propositions by means of legal logic,” 3) “the law must actually or virtually constitute a ‘gapless’ system of legal proposition, or must, at least, be treated as if it were such a gapless system,” 4) “that whatever cannot be ‘construed’ legally in rational terms is also legally irrelevant,” and 5) “that every social action of human beings must always be visualized as either an ‘application’ or ‘ excution’ of legal proposition, or as an ‘infringement’ thereof” (pg. 163-164).

As for the second question, Weber finds that legal systems are moving towards a much more “rational” system. Because of the increasing dependence of lawyers and other legal professionals to those with means to pay them in a capitalist society, the legal system begins to reflect how the business’s very efficient bureaucracy, in which “speed, precision, definiteness, and continuity… are demanded of the administration” (pg. 168).

4) What does the article tell us about the relationship between law and social change?

This article illustrates law as very reflexive of the needs and values of society. As Weber saw that the capitalistic society highly influenced the legal systems’ movement towards “rationality,” one can conclude that should society change, then perhaps the legal system will also follow slowly, but surely, behind.

MFM pp. 186-195 (social context of legal change)


Evan Ostrega

1. The Author is answering the impact of society on to the creation of laws and social change and how that can lead to change in the legal culture.

2. His methodology for showing this would be through the uses of his models for laws. He exemplifies over the history if the world how different ways law and culture have worked together. No

3.the author talks about 5 types of models

Great man: this is Dicey's idea that there is one person who does the "thinking" then his ideas are spread down and eventually widely excepted.

Conflict Model: this is Gramsci's idea that the ruling class controls everything and creates a hemonogenic culture.

Cultural Models: this is the anthropologists viewpoint that legal culture comes from culture of the people

The Process Model: this is the model that respond to conflicts or disputes.

4. This tells us that the laws and culture we have are related to one another. Each may have an effect on the other, though it may not be in the same fashion, as seen by the different models, there is a relationship between the two.



Brenda Olvera
  1. The author is trying to answer how society can impact law and how social changes lead to legal change. Thus, he explores 5 different models of social change (such as public opinion) creates change in law.
  2. In order to answer this question the author places social changes into 5 different categories which are: the great man, conflict, cultural, social structural, and processual
  3. The findings: (in chart)
  4. The article is telling us that law and social change are interrelated. Change in society causes legal change. Thus society has the ability to influence law as it constantly changes over the years. A single individual or even a group can begin a movement to legal change when an issue becomes a common interest among society.

Conflict model
Antonio Gramsci
Gramsci was a Marxist to an extent. Marx who believed there was constant clash between the cases where the majority was in control. Gramsci took on some of Marx’s ideas but had a hegemonic ideology. Thus he believed that the ruling class did not just have control of government, but rather they control everything and are the ones who influence others to share the same interest as then. Therefore they control belief because they control politics, media, schools, etc. So the ruling class exploits those below them and they promote a false way of law.
Cultural model
Sally Folk Moore an Anthropologist
All societies have culture. Legal institutions come out of that culture. A package of durabe customs, ideas, values, habits and practices. The main criticism of this model is that there is not one “American” culture. It can vary by state or even as small as a city or neighborhood. Globalization is key to this model. Must form connections to begin change
Social structural model
Richard Schwartz, sociology
Compared this model to an organic model. Society trying to maintain equilibrium. Law is a product of social consensus thus if law and society changes so do the governing institutions. Thus, law preserves society.
Processual model
Scholars?
Process with a dispute resolution. Law is performing a function and that is to solve disputes/conflict. Thus in order to solve them it sets up precedents.



Friedman and Ladinsky


1. What question is the author trying to answer?
Both authors are trying to understand how law effects social and how changes in society reflect subsequent changes in law and legal practices to best reflect those changes.
2. What is the methodology?
For this article, both authors are using the history of workman’s compensation as well as other
protections created to shore up the economic hardship workers face if severely injured on the job. They track the evolution of the history of workman’s compensation by starting with the fellow-servant rule and continuing through court cases and legislative policy changes.
3. What are the main findings?
They both find that popular opinion for workmen’s comp was highly favorable among the general public, but one reasoning behind decades of reluctance from lawmakers to make adequate changes system was due to the phenomenon of cultural lag. Changes in public opinion do not always translate into changes in legal or legislative policy because there exists a general stubbornness for officials to change because it does not severe their immediate best interest.
4. What does the article tell us about the relationship between law and social change?
Reform in the legal system can be an arduous process that may take years, even a transition from one generation to the next, for policy and legal doctrine to catch up to the public on certain issues. It is quite clear that if an employee is injured on the job, due to faulty equipment or some hazard of the workplace, liability for negligence does not fall upon the employee, his/her co-workers or other aspects of the job. The company and its shareholders, with extremely large coffers, are responsible for the well being of their employees. Thus, spanning several, the issue transformed from workers being completely disenfranchised from economic sustainability if sustaining an injury, to a system that aids workers in a serious capacity when hurt.

Sinclair/McCann: Upton Sinclair, The Jungle, and the Background of the First Food and Drug Act" Michael McCann et al., "Java Jive: Genealogy of a Juridical Icon." MFM pp.213-251

Sam Strader
1. What question is the author trying to answer?
How are the popular perceptions of legality perpetuated in the public (through media?)?
2. What is the methodology?
The methodology that the author is trying to do this by is through showing us a court case and then showing us the media/pop culture’s response to it. Or for with Sinclair, showing us the impact a book can have on an entire industry through implementation of a new law.
3. What are the main findings?
The main findings are that the media relayed an undetailed and deceiving account of the court case. The media told us that the woman was just trying to get money from McDonald’s. This version of the story circulated because McDonald’s is a giant corporate sponsor of news broadcasts. And this type of story, where a woman is trying to scam the system, would sell and be more entertaining to the public than a David vs Goliath type story. Print media is deceiving because it
A) Personalization – individual characters instead of context
B) Dramatization – sensationalizing (she's a scam artist?)
C) Fragmentation – Forgetting particular patterns (many similar burn cases)
D) Normalization
4. What does the article tell us about the relationship between law and social change?
The relationship between law and social change is that each person has their own perceptions of legality. And current events are relayed by the media through a lens of individualism to appeal to that value within people. The punitive damages asked for by the prosecuting attorney was meant to be a way in which a ruling in a court case can serve a social and symbolic function to make a corporation more accountable to their customers (profits from coffee for two days to be awarded). But that settlement was appealed and ultimately the settlement was for much less.

Humaa Siddiqi

The Jungle, Sinclair

1. How and why does popular opinion and scandal make for a more efficient process in passing legislation?


2. The methodology illustrates the influence a novel can make in causing uproar in public opinion and hurting big corporations, thus trickling up to passing concrete legislation. Like a domino effect, we see one major event influence another which influences another in making a final decision.


3. The main finding of the article strongly suggests that big corporations must be pleased and content in order to pass legislation. The reason President Roosevelt was hesitant in releasing the report was due to the backlash the meat-packing companies would receive, thus denting the economy. With this article and throughout class discussion, we see the importance on companies and business rather than moral justice (simply taking the right steps for the better of the people.) Sinclair's main goal in writing his novel was to showcase capitalism in a negative light and to advance socialism - in a holistic way, I believe it worked.


4. As Sinclair described, he meant to hit at the heart but unfortunately got the stomach of the American people. Dr. Harvey W. Wiley worked tirelessly to expose adulteration of food products and get legislation passed in Congress way before Sinclair published his book. The article illustrates how law can be changed through public uproar. President Roosevelt received countless letters after The Jungle was published and corporations started to feel the brunt of their neglectful methods which ultimately caused change. All sides need to be accounted for, the legislation, public opinion, and businesses.


Java Jive
1. This article centralizes on the framework in which people of informal and formal ways of law view legality and aims to answer the question of what makes up this framework.

2. The case study is of the infamous McDonald's Coffee Case during the 1990's which public opinion mainly misinterpreted this case as one being a greedy woman seeking millions in a case against McDonald's. It's an example of the media's failure in portraying factual evidence and instead reporting bias and "newsworthy" stories. There are four dimensions to the framework: instrumental tactics, institutional practices, and ideological propensities.
Instrumental tactics deals with the tort reformers, social scientists, and attorneys which change public opinion. Institutional practices is the mass media. And
ideological propensities is the individual responsibility and desire to less state intervention.

3. The main finding of the article emphasizes the individual responsibility one has to hold in adsorbing such high profile law cases such as this and the striking difference the mass media holds on the American public.

4. The relationship with social chance and law in this article showcases an event highly misinterpreted due to false reporting and sensationalism in the media. The facts are clearly presented in the article, thus forcing the reader to reevaluate the case and stripping away preconceived notions of such a infamous case. The article represents the harm and influence the mass media has over the public and shows the affects by which these types of cases and headlines stick with people as they continue on their normal and legal lives.

Legality - Knowledge and perceptions of law influence by popular culture (media/people, etc)


Friedman (Legal culture)
Legal Culture and the Welfare State
pg. 260-270
1. What is the author trying to answer?
The question(s) Friedman, the author, is trying to answer is what exactly brings legal change? Is the answer to this social change? And how doe legal culture play a role in this and does this make the modern state a welfare state?
2. What is the methodology?
Friedman explains and discusses the change in American legal culture within the last 35 years and focuses on the idea of individualism. He relates individualism to legal culture in relation to civil rights, family law, criminal law, and business and technology.
3. What are the main findings?
- "Legal institutions are reflections of legal change"
- Technology is a major factor to individualism
- Marriage and divorce cases also relate to individualism in terms of no-fault divorce and how it's based on individual choice.
- Technology and sources of media and communication have become crucial to political, cultural, and legal cultural changes.
4. What does the article tell us about the relationship between law and social change?
This article tells us that society is always changing and that will lead to change in legal culture. People's ideas and views about laws and policies change as culture shifts and changes in certain directions. It causes people to want certain laws or bills to have more importance than others. Time changes the way society looks at rules and laws and what type of changes in the legal system people want. For example, legalization of marijuana an etc.
Priya Uppuluri

Margaret Vesely
1. What question is the author trying to answer?
How has legal change molded into what our legal system is today? What are the major factors that play in the roles of legal change?

2. What is the methodology?
The methodology that is describe in this reading is that the basis of legal change is a result of social change. In the 4 last decades we have seen an immense change in our legal system that has been brought about by this individualistic type of attitude. It is a result of innovation in the technological fields as well as the mind set of society. Our legal culture is a result of what is being influenced onto society through television the attitudes that result from it.

3. What are the main findings?
  • "Social change leads to changes in people's values and attitudes, and this sets up chains of demands (or withdrawals), which in turn push law and government in some particular direction..."
  • There is a general expectation that the "state will guarantee total justice" and that the state will always have our best interest at hand. "Modern state is a welfare state, which is also an insurance state - a state that knows how to spread the risks..."
  • Civil Rights movement and feminist movement:
    • Both these movements have shown the tremendous impact and growth that the "radical form of individualism" has taken.
  • The "no-fault divorce" has taken great popularity across the country
  • Each field of law will have to be consistently re-examined in retrospect of the demands of the world (ex. antitrust, immigration, intellectual property, etc.)
  • The railroad, the telegraph, the telephone, the automobile, the jet, televisions, and the computer are the biggest contributors to these onsets of social and legal changes.

4. What does the article tell us about the relationship between law and social change?
This article explains what an impact society has on legal and social change in our nation We are heavily influence by the media, not only from the political aspects, but also from everyday television shows.

Jacobs



MAX WEBER ON LAW IN ECONOMY AND SOCIETY
MAX RHEINSTEIN 3.2

1.) What Question is the author trying to answer?

  1. a. Do particular kinds of societies institutionalize specific types of legal systems?
  2. b. How does the shape of a particular society influence the pattern of its legal system, if at all?
  3. c. Do societies and their legal systems evolve over time toward higher levels of rationality?
  4. d. What is the relationship between wider social issues and forms of rationality found in the law?

2.) What is the methodology?

  1. a. Max Weber is a well-known, respected political economist and he uses philosophy and history to answer these questions that come up in society. He uses the American and English legal systems and uses common and English law as well. Natural and positive law are also applied when speaking of political practice especially when it comes to capitalism.

3.) What are the main findings?

  1. a. Max Rheinstein answers the main concerns early on by stating five methods or requirements for a rational legal system, which can be very hard to attain. (Pg. 163)
i. First, every concrete legal decision be the application of an abstract legal proposition to a concrete fact situation
ii. Second, It must be possible in every concrete case to derive the decision form abstract legal propositions by means of legal logic
iii. Third, The law must actually or virtually constitute a gapless system of legal proposition, or must, at least be treated as if it were a gapless system
iv. Whatever cannot be construed legally in rational terms is also irrelevant
v. Fifth, every social action of human beings must always be visualized as either application or execution of legal proposition, or as an infringement thereof
vi. Max Weber feels that legal systems are certainly edging towards a rational system and this is shown on the heavy reliance on attorneys and how they are motivated by making money and moving along as many cases as possible.

4.) What does the article tell us about the relationship between law and social change?
  1. a. Simply put, Weber sees our capitalistic society as the driving force for the rational legal system; the motivation of lawyers to advance cases alone proves the desire to earn capital gains. The legal system is in fact reacting to this motivation of capitalism, which moves the legal system following behind society, with definite lag, but sure enough society does indeed follow.

AHMAD MOHAMMAD



Wafeek Elafifi
H. Laurence Ross, “Settled Out of Court: The Social Process of Insurance Claims Adjustment” MFM pp. 92-100

1. What question is the author trying to answer?
The author tries to answer how and why the cases are being settled in an informal way rather than the traditional, court, setting.
2. What is the methodology?
The author looked at the types of cases that were being settled and dissected each case to what made cases more likely be settled in an informal setting.
3. What are the main findings?
-Individual or companies choose to settle outside the court because of the fear of what might result in court
-Informal and formal differ in three ways:
-Simplicity
-Inequality
-Liberality
4. What does the article tell us about the relationship between law and social change?
This article shows us the emergence of out of court settlements. A social change occurred where individuals became afraid of what may happen in court and attempted to come up with a resolution outside of it. As society began to settle more and more outside the court, new policies were being implemented transforming the law and created a shadow over tort law. Over time 95% of cases began to be settled outside of court and attorneys began using the law as leverage.


Lawrence Friedman and Jack Ladinsky, “Social Change and the Law of Industrial Accidents”; MFM pp. 195-213
Liliana Rzepecka
  1. 1. What question is the author trying to answer?
Friedman and Ladinsky are trying to answer how the American industrial accident law changed and mainly how did the compensation system for injured workers evolved to what it is today. Throughout the article they go through time and describe different rules that were used in in industrial accident cases. They begin with the fellow servant rule and end all the way in modern times with the development of workman’s compensation.

  1. 2. What is the methodology?
They are using empirical research in order to prove that workman’s compensation was in the best interest for employers. The authors go through history beginning in early 1800s and they describe the slow progress of different rules and court cases that took place over the years.

  1. 3. What are the main findings?
The article argues that since the risk of going to court and having the obligation to pay damages to employees, it was in the best interest for corporation to reform the law. Article implies that the development of workman’s compensation was a good thing for corporations because they know that accidents will happen, but with this system at least they will not have to fight in court. Now the risk of an employee getting hurt on a job is well known, but at least there is no risk of getting sued. So it is simply cheaper for employers to pay for medical bills than lawyers.

  1. 4. What does the article tell us about the relationship between law and social change?
Once again, it shows that big corporations have the biggest impact on reforming the law. Even though the law was broken and ineffective, common people did not have much impact on this reform. Only when employers realized that a new system would be cheaper they were willing to change the law.

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Case studies of the production of law: read intro on “Changing America’s Divorce Laws,” and Herbert Jacobs, “Silent Revolution”, MFM pp. 285-313
Edward Wells III

  1. What question is the author trying to answer? (a) Is law reformed by the will of the people? (b) What is the process by which classes, interests, specific groups or various elites produce legal change?
  2. What is the methodology? Herbert Jacob uses case studies to analyze precisely how the divorce laws changed from adversarial and fault-based to “no-fault”.
  3. What are the main findings? (a) (p.286) “These [no-fault] laws were not the product of social protest or lobbying an established interest group. They were accompanied by little political conflict.” (b) (p. 286) “The proponents (lawyers) advocated their reforms as narrow proposals which would produce little real change and cost little money. They relied on experts who emphasized the casting their action as technical. They built a consensus through consultation with interested parties before seeking legislation. Thus, when routine policy alterations such as this “surface in the form of legislative proposals, a consensus has already been built around a preferred solution in a matter to minimize controversy.””
  4. What does the article tell us about the relationship between law and social change? (p. 286) "The reform statuses passed because of changes in the social and economic environments of families. Fewer men and women marry. People live longer, and so their life span covers many years after children are grown. Women have fewer children. More women, but fewer children, are in the labor market. Women find it necessary to work if the family is to reach a middle class life style. People saw the breakup of marriage was morally possible. Jacob also points out that feminism affected many Americans' picture of the ideal family. It helped change the idea that there should be distinctive gender roles. Many feminists in this era relied on an "equality" model, decrying gender-specific laws like alimony that, in their view, treated ex-wives as incompetents who could not care for themselves."