This class will explore how law figures into the politics of contemporary American society. We shall consider various ways of identifying law’s variable presence, how law shapes and enables social interaction, how law mediates power relationships, and how law matters for the kind of society we have. Particular attention will be given to three sets of relationships: between law and community, between law and violence, and between law and justice. Our inquiries will spend some time examining official legal institutions (courts) and actors (judges, police, lawyers, etc.), but the class will emphasize how law works as a complex array of norms, symbols, discourses, and practices that shape all aspects of social life. We thus will address both the macro-politics of law at the national level (federal appellate courts, death penalty policy, tort reform, etc.) and the micro-politics of legal interaction within neighborhoods, communities, workplaces, families, and the like. Most of the case materials draw from the U.S. experience, but some comparative perspective will be introduced.
There are no formal prerequisites for this class, although grounding in a basic knowledge of American politics and social organization will be assumed. This class is required for admission into the Society and Justice Program.
Required Texts. There are three types of required texts for this class. First are the required books, all of which are available at the University Book Store. These texts are, in the order we will read them: Lief H. Carter, Reason in Law; Carol J. Greenhouse, et al., Law and Community in Three American Towns; Jerome H. Skolnick & James J. Fyfe, Above the Law: Police and the Excessive Use of Force.
Second, two packets of required xeroxed readings will be available on library reserve (OUGL) and for purchase at the Suzzallo copy center (5th floor). Readings from the first packet are noted by an asterisk (*), and from the second packet are noted by two asterisks (**), in the schedule of assignments that follows below.
Third, we will discuss a number of movies during the class. Students are responsible for viewing these movies on their own time; movies can be rented at local video stores for private viewing, and each required film will be shown on campus three times for free in advance of the scheduled discussion dates (viewing times TBA). The Thin Blue Line (1988, directed by Errol Morris) should be viewed by at least 2/11. Billy Budd (1962, directed by Peter Ustinov) should be viewed by at least 2/25. Dead Man Walking (1996, directed by Tim Robbins) should be viewed by 3/4. In addition, students are expected to see the film, A Civil Action, which is showing at local cinemas during the month of January (by 2/9). Students will be given a list of questions and themes to think about in advance of viewing these movies; engagement with these texts will be required to participate in class as well as to complete the final paper assignment.
In addition to the required texts, students are strongly urged to keep current with national and local events by reading newspapers and news magazines. The New York Times, the Wall Street Journal, and the Christian Science Monitor are highly recommended along with the local papers.
Class Organization. Course time will be split between large lecture/discussion classes (T, Th) and small group discussion in TA sections (M, W). You are expected to have read the texts assigned in the schedule below for each large class meeting and to be ready to discuss the readings in a knowledgeable way. Failure to keep up with readings will limit your ability to both contribute to and learn from the large class interactions. Some of these readings are quite challenging, so be sure to allow plenty of time to give them adequate attention. Beware: Students will be called on regularly in class to answer questions and to offer insights about the assigned materials and related issues.
The smaller TA sections are designed to allow an opportunity for students to discuss and debate ideas from readings, lectures, and large class formats in greater detail. Your Teaching Assistant will work to clarify concepts, to elaborate on important points, to develop themes, and to prepare you for your essay paper assignments. You are expected to attend sections regularly and to participate to the best of your ability. The TAs for the class this quarter are Scott Lemieux, Mary Mustappa, and Jeff Wong.
Paper Assignments and Grades. Students will be expected to write three papers for the class, each 5-6 pp. in length; due dates are noted on the syllabus (in bold). The papers will be written in response to one topic (you may have a choice of several topics) specified at least a week before the due date. These topics will directly address issues raised in the readings, movies, and class discussions; no outside reading, research, or specialized knowledge will be expected for the papers.
Grades will be based on class participation (10%) and the paper assignments. Papers will count roughly equally, about 30% each. Unless special arrangements have been made, papers received after the due date will be penalized .2 for each workday they are late. Of course, there are a few legitimate excuses for failure to complete assignments on time, such as illness or family emergency. In these instances, you should notify the instructor or TA as soon as possible.
Office Hours and E-Mail. My office hours are listed at the top of this syllabus. I strongly encourage you to take advantage of both my and the TA’s office hours. If designated times are not convenient for you, feel free to make an appointment with us for other times. I especially encourage you to talk to me or a TA about your paper ideas in advance. And if you have any questions about the course, or if you are feel lost or troubled, please remember that I/we cannot do anything about it unless we know.
SCHEDULE OF READINGS/TEXTS FOR LARGE CLASS MEETINGS
I. LEGAL DISCOURSE AND THE CONSTRUCTION OF COMMUNITY
A. Law, Reason, and Community Values in Judicial Practice
1/7 Carter, Reason in Law, Chs. 1-2
1/12 Carter, Reason in Law, Chs. 3-4
1/14 Carter, Reason in Law, Chs. 5-6
B. Law, Social Conflict, & the Politics of Everyday Disputing
1/21. Greenhouse, et al., Law and Community, Intro. pp. 1-4, Chs. 1-2
1/26 Greenhouse, et al., Law and Community, Chs. 3-4
1/28 Greenhouse, et al., Law and Community, Chs. 5-6, Conclusion
2/2 First Paper Due (on Carter and Greenhouse, et al books)
C. Has the Civil Legal System Gone Awry?
2/2 Video: "The Trouble w/ Lawyers"
2/9 Discuss Movie: A Class Action (and readings from 2/4)
II. LAW AND/AS VIOLENCE
A. Law and Social Control: The Paradoxes of Police as Law’s Enforcers
2/18 Skolnick and Fyfe, Above the Law, Chs. 5-7
2/23 Skolnick and Fyfe, Above the Law, Chs. 8-11
B. Law’s Violence and the Problem of Legitimation: The Death Penalty
2/25 Billy Budd (movie) discussion
3/1 Second Paper Due (on legality and violence)
C. The Limits of Legal Justice and Historical Violence
3/16 Final Paper Due (by 4:00 pm)
Jurisprudence and Legal Theory
Judicial Institutions
Law and Everyday Disputing
Law and Social Control: Police and Politics of Criminal Justice
Law , Discipline, and Punishment
Law , Culture, and the Politics of Social Change