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.
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 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.
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.
Social Work in Juvenile and Criminal Justice Systems sets the standard of care for mental health treatment and the delivery of social services to crime victims, juvenile and adult offenders, and their families. The chapters, all authored by experts in the field and all committed to the mission of social justice, are written with the clear understanding that we cannot study criminal justice in a vacuum. Therefore, a major focus of the book is on the renewed growing sense of the profession’s obligation to social justice. Each chapter interconnects with the various components of juvenile and criminal justice. Another prominent aspect of the book is that it is strength-based. It views those involved in the criminal and juvenile justice systems as individuals rather than inmates or criminals, each with unique positive talents and abilities. The book is divided into four sections. The first section discusses forensic social work, including crime and delinquency theories, trends, and ethical issues. The second section prepares social workers for practice in correctional institutions and explores crisis intervention with victims of violence, reentry of adult offenders in society, and aging in prison. The third section covers assessment and intervention in child sexual abuse, mental health and substance abuse, interpersonal violence and prevention, child welfare and juvenile justice. The final section presents an overview on social work in the twenty-first century, which includes restorative justice and the justice system, new ways of delivering justice, domestic violence, neighborhood revitalization, race and ethnicity, and social work practice with LGBTQ offenders. This book will be the best single source on social work in criminal justice settings and will prove to be an invaluable resource for the many professionals who have responsibility for formulating and carrying out the mandates of the criminal justice system.
