However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.
Examines the impact of social forces on the legal system and how the rules and orders promulgated by that legal system affect social behavior. Dr. Friedman explores the relationship between class structure and the work of legal systems in the light of the existing literature and analyzes the influence of the cultural elements contained in a legal system. In a comprehensive analysis of the concept of legal culture, the author sheds new light on the development of our legal norms and the types of legal systems which prevail in a democracy.
This completely rewritten and updated new edition of a practical text continues to provide a firm introduction to law and legal processes and their relation to social work practice. Using Clinton's welfare reform act of 1996, Albert provides a conceptual framework to illustrate how socio-legal problems emerge in the welfare state, and presents the skills base necessary for effective social work response. A new section on socio-legal issues highlights many fields where social worker-lawyer partnerships can occur, such as civil rights and advocacy, the death penalty, liability for neglect in nursing homes, informed consent and medical treatment, and much more. Filled with techniques for reading and understanding judicial opinion, legislative statues, and bills, this new edition will appeal to all professors of law and social work courses, as well as courses on the welfare state.
This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927-1998) in relation to empirical socio-legal studies. This is a sociological and legal theory known for its highly complex and abstract conceptual apparatus. But how to change its scale in order to study more localised phenomena, and to deal with empirical data, such as case law, statutes, constitutions and regulation? This is the concern of a wide variety of scholars from many regions engaged in this volume. It focuses on methodological discussions and empirical examples concerning the innovations and potentials that functional and systemic approaches can bring to the study of legal phenomena (institutions building, argumentation and dispute-settlement), in the interface with economy and regulation, and with politics and public policies. It also discusses connections and contrasts with other jurisprudential approaches - for instance, with critical theory, law and economics, and traditional empirical research in law. Two decades after Luhmann's death, the 21st century has brought countless transformations in technologies and institutions. These changes, resulting in a hyper-connected, ultra-interactive world society bring operational and reflective challenges to the functional systems of law, politics and economy, to social movements and protests, and to major organisational systems, such as courts and enterprises, parliaments and public administration. Pursuing an empirical approach, this book details the variable forms by which systems construct their own structures and semantics and 'irritate' each other. Engaging Luhmann's theoretical apparatus with empirical research in law, this book will be of interest to students and researchers in the field of socio-legal studies, the sociology of law, legal history and jurisprudence.
The criminal justice system, with its complex policies and procedures and its focus on deterrence, punishment, and rehabilitation, can be a difficult system to understand. Social Work Practice in the Criminal Justice System presents an overview of the criminal justice system, exploring the network of systems which comprise it. Integrating social work values and a commitment to social justice, this textbook explores how social workers can practice to address social problems within the criminal justice system and promotes the development of knowledge, skills and critical reflection in this increasingly important area of practice. In addition to covering the four key areas for social work practice – law enforcement, courts, corrections, and legislation – it covers: Alternative programs and services Special populations – such as juveniles, women and sex offenders Special topics – such as reoffending, wrongful conviction and racial disparities The application of evidence-based practice principles in criminal justice. Looking at the challenges and opportunities of social work practice in the criminal justice system, this is the ideal text for social work instructors, students and practitioners working with or within the criminal justice system. Each chapter includes a summary of social work practice implications, key terms, and suggested further reading.
This extensively revised edition reviews the latest research and practices in forensic social work. Readers learn to integrate socio-legal knowledge when working with diverse populations in a variety of settings. Noted interdisciplinary contributors review the most common forensic issues encountered in the field to better prepare readers to deal with the resulting financial, psychological, emotional, and legal ramifications. Using a human rights and social justice approach, the book demonstrates the use of a forensic lens when working with individuals, families, organizations, and communities that struggle with social justice issues. Each chapter features objectives, competencies, Voices From the Field, a conclusion, exercises, and additional resources. The book is ideal for MSW and BSW courses in forensic social work as well as forensic/legal courses taught in criminal justice and psychology. Practitioners working in a variety of settings who must have a working knowledge of forensic social work will also appreciate this comprehensive overview of the field. Key Features: Highlights working with various populations such as minorities, immigrants, veterans, the elderly, LGBTQ individuals, people with disabilities, substance abusers, trauma survivors, and more. Reviews the field’s conceptual and historical foundation and pertinent laws to better prepare readers for professional practice (Part I). Introduces the most common forensic issues encountered when working in various settings, including health care, social and protective services, the child welfare system, the criminal justice system, school systems, immigration services, addiction treatment facilities, and more (Part II). Provides a wealth of practical guidance via case studies and interviewing, assessment, and intervention tips. Voices From the Field written by seasoned practitioners introduce common situations readers are likely to encounter. New to this Edition: Highlights the 2015 Council on Social Work Education’s (CSWE) Policies and Accreditation Standards throughout the text. Greatly expanded coverage from 26 to 33 chapters with more information on health care, housing, employment, the juvenile and criminal justice system, adult protective services, and the dynamics of oppression. New Part III dedicated t
One of the great ironies in contemporary sociology of law is that despite Talcott Parsons’s enormously influential role as “the midwife of modern sociology,” coupled with his three decades of focused and sustained analysis of the legal system’s location in a total and complex society, it is nothing short of appalling that his particular social systems approach to law has been largely neglected. Indeed, although Parsons made only cursory mention of law in some of his best-known works, he extensively discussed the role of the legal system in no less than five important papers and two somewhat lengthy book reviews. What is more, in the two slim paperbacks where Parsons applies his cybernetic systems theory in explaining the progression from premodern to modern societies, he considers law to be an essential element in the analysis of just about every society under consideration: ancient Egypt and the Mesopotamian empires; China, India, and the Islamic empires; the Roman empire; Israel and Greece; medieval Western Christendom; the United States. This volume, the first of its kind, is the most complete articulation of Parsons’s treatment of the U.S. legal system’s nature and function during the late-twentieth century. In addition to a lengthy Introduction by the editor, the book consists of 26 readings, taken from the full range of Parsons’s books and papers, which, in toto, render a detailed analytical roadmap that can today guide much of our sociological thinking concerning such contemporary social issues related to law as citizenship, trust, and governmentality. More than this, Parsons’s writings on the courts and the legal profession—both of which he believed to constitute the core of an integrative U.S. citizenry—can inform policy-makers’ decisions concerning such controversial issues as immigration, civil rights, and legal ethics.
Germany's most prominent social thinker here sets out a contribution to sociology that aims to rework our understanding of meaning and communication. He links social theory to recent theoretical developments in scientific disciplines.
