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SOCIAL SCIENCE DEPARTMENT
LAW AND SOCIETY
SOC 2403 Section: OL94 (22328)
FALL 2024 Time: Wednesday 2:30 PM-5:00PM
Office Hours: WED 5:00-6:00 PM and by appointment
PREREQUISITES: CUNY Certification in Reading and Writing and PSY 1101, S0C 1101, GOV 2401 or LS 201
CATALOG COURSE DESCRIPTION: Since the legal system was codified there has been an interaction between society and the law. The law is shaped by the values and customs of society, even as it also contributes to cultural change. This course is an attempt to investigate the dynamic interplay between various social systems and legal systems. Included is a discussion of both historical and contemporary socio-cultural legal systems, as well as a consideration of the pressures being brought to bear upon our own legal system to be more responsive to the particular needs of specific ethnic, sexual, and religious groups. This course will also show how society shapes the law and the law shapes society. We will discuss culture, socialization, the various legal systems and the organization of the law. We will discuss the relationship of social control and social change on law making and vice versa. Finally, we will describe the sociology of the legal profession.
METHOD: Historical and Socratic
HOW CONDUCTED: This is an online synchronous class conducted live, in real time.
Students will log on to a Zoom link which is set to be recurring:
Topic: Law and Soc. 2403 OL94
Time: August 24, 2024, 2:30 PM Eastern Time (US and Canada)
Every week on Wednesday, until December 17, 2024
AUGUST 28, 2024 2:30 PM
SEPTEMBER 4, 2024 2:30 PM
SEPTEMBER 11, 2024 2:30 PM
SEPTEMBER 18, 2024 2:30 PM
SEPTEMBER 25, 2024 2:30 PM
OCTOBER 9, 2024 2:30 PM
OCTOBER 16, 2024 2:30 PM (Midterm Presentations)
OCTOBER 23, 2024 2:30 PM (Midterm Presentations)
OCTOBER 30, 2024 2:30 PM
NOVEMBER 6, 2024 2:30 PM
NOVEMBER 13, 2024 2:30 PM
NOVEMBER 20, 2024 2:30 PM
DECEMBER 4, 2024 2:30 PM
DECEMBER 11, 2024 2:30 PM
DECEMBER 18, 2024 2:30 PM(final)
Please download and import the following iCalendar (.ics) files to your calendar system.
Gale Elston is inviting you to a scheduled Zoom meeting.
Topic: Class Law and Society 2403 OL94 Wednesday
Time: This is a recurring meeting Meet anytime
Join Zoom Meeting
https://us06web.zoom.us/j/87871028768
Meeting ID: 878 7102 8768
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Meeting ID: 878 7102 8768
Find your local number: https://us06web.zoom.us/u/kcseKadjye
All lectures will be live on Zoom and will cover the material in the Syllabus. Class discussions will be live on Zoom and will be the basis of participation credit as explained in this Syllabus in the Section: “PARTICIPATION”.
The Midterm and Final Presentation Assignment will conducted by Power Point by students and screen shared with the class.
The Final Exam will be open book and is multiple choice.
COURSE OVERVIEW: Using a sociological approach, this course will examine how society makes laws and how the laws made in turn impact the society. We will study different sociological theories of law, including those of Emile Durkheim, Max Weber and Karl Marx.
We will examine the contributions in the field by scholars Giorgio Agamben and Michel Foucault. We will study the formation and performance of the penal system and its’ relationship to American society. We will focus on the relationship between power and legal systems.
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LEARNING OUTCOMES |
ASSESSMENT METHODS* |
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1. Demonstrate an understanding of the basic principles underlying the American legal system. |
Exams, essays, in-class discussions, small group workshops, and oral presentations focusing on the examples related to the concepts introduced in readings and lectures. |
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2. Demonstrate an understanding of the connections between the legal system and the various spheres of social life, such as the economy, political system and family. |
Combination of multiple-choice and essay questions in exams, in-class discussions, and questions discussed in a small group setting. |
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3. Demonstrate an understanding of the interaction between social and cultural change, on the one hand, and legal change, on the other. |
Exams, quizzes, in-class discussions, small group work, and essays. |
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4. Demonstrate an understanding of the ways in which the law both reflects and helps to challenge class, gender and racial inequalities. |
Exams, quizzes, in-class discussions, small group work, and essays. |
GENERAL EDUCATION LEARNING OUTCOMES/ASSESSMENT METHODS
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LEARNING OUTCOMES |
ASSESSMENT METHODS* |
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KNOWLEDGE: Develop an introductory knowledge of the concepts and theories deployed by sociologists in their analysis of the social factors shaping law and the legal system. |
Quizzes, exams, essays, class discussions, and oral presentations.
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SKILLS: Develop and use the tools needed for communication, inquiry, analysis and productive work. |
Combination of class discussions, oral presentations, in-class small group work, essays, and exams. |
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INTEGRATION: Work productively within and across disciplines. |
Quizzes, exams, essays, class discussions, and in-class small group work that draws on various resources in sociology and other disciplines. |
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VALUES, ETHICS, AND RELATIONSHIPS: Understand and apply values, ethics, and diverse perspectives in personal, civic, and cultural/global domains. |
Combination of class discussions, oral presentations, in-class small group work, and essays that engage directly with the questions about values, ethics, responsibility, and diversity. |
* may vary slightly per instructor to suit their own needs
SCOPE OF ASSIGNMENTS AND OTHER COURSE REQUIREMENTS*
Quizzes; midterm and final exams including multiple-choice and short answer questions; essay assignments; participation in-class discussions; participation and contribution to small-group projects; oral presentations
ASSESSMENT METHODS:
Both the course-intended and the general education outcomes will be assessed through a combination of quizzes, exams, essays and oral presentations on in-class small group work.
Class Project/presentations including participation and meaningful question and answer periods following presentation: Final Presentation 25%
Midterm PRESENTATION: 25%
Final Exam: 50%
MATERIALS:
- Readings:
o Giorgio Agamben, Homo Sacer, Pages 12-22, 28-44, 47-50 (1995), available at http://www.opa-a2a.org/dissensus/wp-content/uploads/2008/03/agamben_giorgio_homo_sacer.pdf
o Giorgio Agamben, What Is an Apparatus? Pages 1-24, available at: http://raley.english.ucsb.edu/wp-content/uploads/reading/Agamben-apparatus.pdf
o Austin Kay, The Sociologies of Law of Marx, Weber and Durkheim, Pages 1-60 (2015), available at http://library2.smu.ca:8080/xmlui/bitstream/handle/01/26291/Kay_Austin_Honours_2015.pdf?sequence=1&isAllowed=y
o Giorgio Agamben, State of Exception, Pages 1-32 (2003), available at https://khushigandhi.files.wordpress.com/2016/01/state-of-exception-giorgio-agamben-lang-and-power.pdf
o Sturm & Guinier, The Law School Matrix: Reforming Legal Education in a Culture of Competition and Conformity, Pages 521-549, available at http://www.law.harvard.edu/faculty/guinier/publications/sturm.pdf
o Michel Foucault, Discipline and Punish, Pages 73-104, 170-195, 231-257, 293-309 (1995), available at https://monoskop.org/images/4/43/Foucault_Michel_Discipline_and_Punish_The_Birth_of_the_Prison_1977_1995.pdf
o Michel Foucault , Power/Knowledge, 1972-1977, https://monoskop.org/images/5/5d/Foucault_Michel_Power_Knowledge_Selected_Interviews_and_Other_Writings_1972-1977.pdf
o Jeremy Bentham, The Panopticon, available at http://www.ics.uci.edu/~djp3/classes/2012_01_INF241/papers/PANOPTICON.pdf
- Videos:
o Netflix – “13th” by Ava DuVernay
o The Stanford Prison Experiment
Class Presentations:
- For the Midterm: You will research the concept of Power as it is related to a legal system. You may choose a sociologist or philosopher of your choice and prepare a 5-8 page paper on the topic. A sample is available on Blackboard. You will present it to the class as a Powerpoint ( you may share screen of the paper and describe it for the class) and there will be a question and answer period afterwards. This is 25% of your grade. We will discuss many sociologists and philosophers in class that you may use. You may use the Foucault Power/Knowledge reading as a primary source or the readings on Marx, Durkheim and Weber available on Blackboard. We will discuss this in depth in class.
- For the Final Presentation you pick a topic which involves the example of the relationship between power and law and society. You will prepare a power point presentation for the class. It can be any topic you like which involves law, power and society. Some examples are the Black Panther movement, voting rights, Civil Rights, abortion rights, disability rights, minimum wage, gentrification, the penal justice system etc…This is 25% of your grade. We will discuss how to research and prepare this in class.
DATES FOR READING ASSIGNMENTS:
Each week, starting with the first week, read the Power Points assigned for that class. Lectures correspond to the chapter read as well as additional materials distributed by Professor and referred to herein.
Class: Date: Subject/Assignment
1. 8/28/2024 Introduction (1)
Interwoven Nature of the Three Reality Constructs (Social Conditions, Social Ideas and People)
Legal Culture
Defining Law
Components of Law
Sources of Law in the United States
Types of Law
Defining Law and Society
o Readings: Michel Foucault , Power/Knowledge, 1972-1977, https://monoskop.org/images/5/5d/Foucault_Michel_Power_Knowledge_Selected_Interviews_and_Other_Writings_1972-1977.pdf
Giorgio Agamben, Homo Sacer, Part I, Chapter 1 The Paradox of Sovereignty Pages 12-22; Part II, Chapter 1 Homo Sacer Pages 47-50, http://www.opa-a2a.org/dissensus/wp-content/uploads/2008/03/agamben_giorgio_homo_sacer.pdf
Discussion and explanation of the Class Presentations
Power point presentations: 1 and 1.2
2. 09/04/2024 Sociological Concepts: Culture & Socialization
Influences from Sociology
Talcott Parsons and the Structural Functions of Law
Emile Durkheim’s Theory of Legal Development
Karl Marx’s View of the Law
Max Weber’s Typology of Legal Decision Making
Donald Black’s Types of Social Control
Critical Legal Studies
Feminist Jurisprudence
Readings: Austin Kay, The Sociologies of Law of Marx, Weber and Durkheim, Chapter 1 Karl Marx Sociology of Law Pages 1-24, http://library2.smu.ca:8080/xmlui/bitstream/handle/01/26291/Kay_Austin_Honours_2015.pdf?sequence=1&isAllowed=y
o Michel Foucault , Power/Knowledge, 1972-1977, https://monoskop.org/images/5/5d/Foucault_Michel_Power_Knowledge_Selected_Interviews_and_Other_Writings_1972-1977.pdf
.
Power Points 2 and 3
3. 09/11/24 American Culture, U.S. Constitution
Historical, Social, and Political Foundations
The Constitutional Convention
The Separation of Powers
The Bill of Rights
Readings: The Constitution of the United States;
The Bill of Rights;
Austin Kay, The Sociologies of Law of Marx, Weber and Durkheim, Chapter 2 Max Weber’s Sociology of Law, Pages 24 -41, http://library2.smu.ca:8080/xmlui/bitstream/handle/01/26291/Kay_Austin_Honours_2015.pdf?sequence=1&isAllowed=y
o Michel Foucault , Power/Knowledge, 1972-1977, https://monoskop.org/images/5/5d/Foucault_Michel_Power_Knowledge_Selected_Interviews_and_Other_Writings_1972-1977.pdf
.
Screening: 13th by Ava DuVernay
4. 09/18/24 Screening: 13th by Ava DuVernay
5. 9/25/2024 Law Making
Theories of Law and Society; The Uses of Theory
Influences from Legal Philosophy
Natural Law, Positivism
Culture context of Law,
Romano-Germanic (Civil) Family of Law
Socialist Family of Law
Public versus Private Law
Economic Crimes
Educational Functions of Law
Role of the Procurator
Political versus Nonpolitical Justice
Mitigated Independence of the Judiciary
Religious of Philosophical Family of Law – Islamic Law
Common Law Family of Law
Examples of the Families of Law, Japan, Former U.S.S.R
o Readings: Michel Foucault, Power/Knowledge, 1972-1977, https://monoskop.org/images/5/5d/Foucault_Michel_Power_Knowledge_Selected_Interviews_and_Other_Writings_1972-1977.pdf
Powerpoints 4 and 5
6. 10/09/24 FILM:
The Stanford Prison Experiment, YouTube
7. 10/16/24 MIDTERM PRESENTATIONS
8. 10/23/24 MIDTERM PRESENTATIONS AND DISCUSSION
9. 10/30/24 Social Class and Law ,
Socialization into the Profession
Types of Law, Agamben “State of Exception”
Readings: Giorgio Agamben, State of Exception, Chapter 1 The State of Exception and the Pardigm of Governments Pages 1-32, https://khushigandhi.files.wordpress.com/2016/01/state-of-exception-giorgio-agamben-lang-and-power.pdf
Readings: Austin Kay, The Sociologies of Law of Marx, Weber and Durkheim, Chapter 3 Durkheim’s Sociology of Law, Pages 41-60, http://library2.smu.ca:8080/xmlui/bitstream/handle/01/26291/Kay_Austin_Honours_2015.pdf?sequence=1&isAllowed=y
PowerPoint 6, 7
Readings: G. Agamben, Homo Sacer, Part I, Chapter
3 Potentiality of the Law, Pages 28-35, Part I, Chapter 4 Form of Law, Pages 35-44, http://www.opa-a2a.org/dissensus/wp-content/uploads/2008/03/agamben_giorgio_homo_sacer.pdf
Final Presentations
10. 11/06/24 Where the Lawyers Are
Private Practice
Government
Private Employment
Judiciary
Readings: Sturm & Guinier, The Law School Matrix: Reforming Legal Education in a Culture of Competition and Conformity, Pages 521-539, http://www.law.harvard.edu/faculty/guinier/publications/sturm.pdf
Power Point 8
Final Presentations
11. 11/13/24 Purpose of Law,
Flow of Litigation
o Readings: Michel Foucault , Power/Knowledge, 1972-1977, https://monoskop.org/images/5/5d/Foucault_Michel_Power_Knowledge_Selected_Interviews_and_Other_Writings_1972-1977.pdf
Readings: Sturm & Guinier, The Law School Matrix: Reforming Legal Education in a Culture of Competition and Conformity, Pages 539-549, http://www.law.harvard.edu/faculty/guinier/publications/sturm.pdf
12. 11/20/24 Final Presentations, Final review available
13. 12/4/24 Review: Gender and Race, Guinier, Lani “Matrix”
Final Presentations,
14. 12/11/24
Review for the final
15. 12/18/24 Final Exam
GRADING SCALE:
93-100% (A), 90-92.9% (A-), 87-89.9% (B+), 83-86.9% (B), 80-82.9% (B-), 77-79.9% (C+), 70-76.9% (C), 60-69.9% (D), 59.9% and below (F).