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Author: Patricia Ewick Publisher: Russell Sage Foundation ISBN: 1610441915 Category : Law Languages : en Pages : 400
Book Description
Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.
Author: Patricia Ewick Publisher: Russell Sage Foundation ISBN: 1610441915 Category : Law Languages : en Pages : 400
Book Description
Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.
Author: Donald L. Horowitz Publisher: Brookings Institution Press ISBN: 9780815707318 Category : Law Languages : en Pages : 326
Book Description
In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
Author: Stanton Wheeler Publisher: ISBN: 9781610448833 Category : Law Languages : en Pages : 748
Book Description
The notion of law as a social phenomenon would have surprised educators and scholars a century ago. For them, law was a science and the library was the ultimate source of all legal knowledge. Our contemporary willingness to see law in a social context--reflecting social relations, for example, or precipitating social changes--is a relatively recent development, spurred during the last quarter century by the work of a generation of scholars (mostly social scientists and law professors) who believe the perspectives of the social sciences are essential to a better understanding of the law. Law and the Social Sciences provides a unique and authoritative assessment of modern sociolegal research. Its impressive range and depth, the centrality of its concerns, and the stature of its contributors all attest to the vitality of the law-and-society movement and the importance of interdisciplinary work in this field. Each chapter is both an exposition of its author's point of view and a survey of the pertinent literature. In treating such topics as law and the economic order, legal systems of the world, the deterrence doctrine, and access to justice, the authors explore overlapping themes--the tension between public and private domains, between diffused and concentrated power, between the goals of uniformity and flexibility, between costs and benefits--that are significant to observers not only of our legal institutions but of other social systems as well.
Author: James Midgley Publisher: SAGE ISBN: 145223910X Category : Social Science Languages : en Pages : 625
Book Description
Social policy is a continuously evolving field requiring constant review, documentation, and analysis. The Handbook of Social Policy is an attempt to document the now substantial body of knowledge about government social policies that has been accumulated since the study of social policy first emerged as an organized field of academic endeavor about 50 years ago. The Second Edition offers a more streamlined format to make the book more consistent with the way most instructors teach their courses. This text is a comprehensive yet accessible introduction to a vast field of endeavor that has, over the years, made a significant difference to the lives and the well-being of the people of the United States. New to the Second Edition Provides up-to-date policies and references to include the latest information on social policy Offers a state of the art account of American social policy at the beginning of the 21st century Presents contributions, including more case studies and examples, from leading experts in their respective areas challenge the norm in thinking about social welfare policy Focuses more attention on diverse populations and international issues Includes added content to reflect the areas that have received increased attention such as advocacy, policy practice, immigration issues, discrimination, and more Intended Audience This is excellent text for advanced undergraduate and graduate courses such as History of Social Policy, Education and Social Policy, and International Social Policy in the fields of social policy, public policy and administration, and social work.
Author: Michael Lavalette Publisher: SAGE ISBN: 1446236676 Category : Social Science Languages : en Pages : 335
Book Description
The Third Edition of this widely adopted textbook has been thoroughly revised and offers an authoritative and up-to-date coverage of the key theories, concepts and issues in social policy. The lively and readable text has been designed to provide students with the essential tools to gain a clear understanding of the theoretical debates surrounding the discipline. The book is organized into three parts: • Part One offers a detailed but accessible critique of major theoretical approaches such as neo-liberalism, Marxism, feminism and racism; • Part Two explores conceptual debates such as distributive justice and postmodernism; • PArt Three engages with contemporary social policy issues such as children, pensions and the role of New Labour. It also features newly commissioned chapters to reflect recent developments and current debates within social policy. New areas of consideration include: • Citizenship • Post-structuralism • The politics of food • Globalization Student exercises and reading lists feature throughout the text and practical examples are skilfully used to illustrate conceptual and theoretical material, making it the ideal core textbook for undergraduate social policy students, as well as those studying related welfare modules across the social sciences.
Author: Elizabeth Mertz Publisher: Routledge ISBN: Category : Law and the social sciences Languages : en Pages : 654
Book Description
The legal system relies on social science for answers to many tough questions. Social scientists study issues relevant to law. But are law and social science talking past one another? This collection of important articles and essays explores the difficult process of translation between these two fields, drawing on three different scholarly perspectives - the 'insider' approach which views social science as a tool that lawyers can use for legal ends, the 'outsider' approach of the law and society or sociology of law movement, and the study of the language of law. Each section of the volume combines theoretical articles with specific empirical examples, ranging from the death penalty through anti-discrimination law to family violence.
Author: Muna Sabbagh Publisher: Sage Publications Limited ISBN: 9781529723823 Category : Languages : en Pages : 424
Book Description
Are you a social work student looking to understand how the law, ethics and social policy interrelate in practice? Then look no further! Whether you a student or Newly Qualified Social Worker working with children and families or adults at risk of harm, this practical guide will equip you with the knowledge and skills you need to fulfil your professional responsibilities and practice with confidence. This book covers all the areas of law you need to know: social work with children and families, vulnerable adults and social issues such as welfare and homelessness. Each section concludes with a discussion of how social policy and ethics relate to each area of social work law. This gives real-world context to what you have learnt, alongside thought boxes, exercises and case studies in each chapter to further encourage reflection and put theory into practice.
Author: John Law Publisher: Routledge ISBN: 113429431X Category : Science Languages : en Pages : 208
Book Description
John Law argues that methods don't just describe social realities but are also involved in creating them. The implications of this argument are highly significant. If this is the case, methods are always political, and it raises the question of what kinds of social realities we want to create. Most current methods look for clarity and precision. It is usually said that only poor research produces messy findings, and the idea that things in the world might be fluid, elusive, or multiple is unthinkable. Law's startling argument is that this is wrong and it is time for a new approach. Many realities, he says, are vague and ephemeral. If methods want to know and help to shape the world, then they need to reinvent themselves and their politics to deal with mess. That is the challenge. Nothing less will do.
Author: Patricia Ewick
Author: Patricia Ewick
Author: Donald L. Horowitz
Author: Stanton Wheeler
Author: James Midgley
Author: John Monahan
Author: Michael Lavalette
Author: Elizabeth Mertz
Author: Muna Sabbagh
Author: Steve Cunningham
Author: John Law