WHY PEOPLE OBEY THE LAW

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Why People Obey The Law

Author : Tom R. Tyler
ISBN : 9780691126739
Genre : Law
File Size : 31.14 MB
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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.
Category: Law

The Psychology And Law Of Criminal Justice Processes

Author : Roger J. R. Levesque
ISBN : 1594543127
Genre : Law
File Size : 53.96 MB
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Psychological science now reveals much about the law's response to crime. This is the first text to bridge both fields as it presents psychological research and theory relevant to each phase of criminal justice processes. The materials are divided into three parts that follow a comprehensive introduction. The introduction analyses the major legal themes and values that guide criminal justice processes and points to the many psychological issues they raise. Part I examines how the legal system investigates and apprehends criminal suspects. Topics range from the identification, searching and seizing to the questioning of suspects. Part II focuses on how the legal system establishes guilt. To do so, it centres on the process of bargaining and pleading cases, assembling juries, providing expert witnesses, and considering defendants' mental states. Part III focuses on the disposition of cases. Namely, that part highlights the process of sentencing defendants, predicting criminal tendencies, treating and controlling offenders, and determining eligibility for such extreme punishments as the death penalty. The format seeks to give readers a feeling for the entire criminal justice process and for the role psychological science has and can play in it.
Category: Law

Conducting Law And Society Research

Author : Simon Halliday
ISBN : 9780521895910
Genre : Law
File Size : 23.6 MB
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This book provides students and scholars with a candid look at how empirical research projects actually happen. Focusing on the interdisciplinary Law and Society field, more than twenty interviews with authors of classic projects - from sociology, anthropology, psychology, political science, law, and history - the chapters are unique in their honesty. They help readers to understand the choices, challenges, and uncertainty that go into even some of the best research projects.
Category: Law

The Force Of Law

Author : Frederick Schauer
ISBN : 9780674368217
Genre : Law
File Size : 80.48 MB
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Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.
Category: Law

Law And Society

Author : Steven Barkan
ISBN : 9781351578615
Genre : Social Science
File Size : 68.8 MB
Format : PDF
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This multidisciplinary text draws on the work of anthropologists, historians, law professors, political scientists, psychologists, and sociologists to outline how law is an essential social institution that shapes and is shaped by society. This second edition of Law and Society incorporates the latest research, with dozens of new references, along with many up-to-date examples gleaned from newsworthy events. Two new pedagogical features in each chapter will help students absorb information: Learning Objectives that precede each chapter’s discussion, and Thinking about Law and Society questions that end each chapter and encourage students to think more deeply about specific issues.
Category: Social Science

Just Silences

Author : Marianne Constable
ISBN : 1400826926
Genre : Law
File Size : 90.28 MB
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Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.
Category: Law

How To Fix Copyright

Author : William Patry
ISBN : 9780199912919
Genre : Law
File Size : 74.79 MB
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Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
Category: Law

Tax Cheating

Author : Donald Morris
ISBN : 9781438442723
Genre : Business & Economics
File Size : 52.32 MB
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An examination of the ethical issues surrounding tax cheating and implications for public policy.
Category: Business & Economics

Social Work Practice And The Law

Author : Dr. Lyn K. Slater, PhD
ISBN : 9780826117670
Genre : Social Science
File Size : 43.3 MB
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"This is the first book to give social workers the tools to understand their clients' legal needs and rights and to address them collaboratively and effectively. Lyn Slater and Kara Finck ground their text in a comprehensive grasp of the legal system and the inequities of race, class, and gender that shape clients' experiences. Social Work Practice and the Law is a powerful call for social workers to be passionate and skillful advocates for their clients. Essential reading for social workers and lawyers alike who serve low-income people entangled in systems that so often fail them." Dorothy Roberts, JD Kirkland & Ellis Professor, Northwestern University School of Law Author, Shattered Bonds: The Color of Child Welfare Based on the author's innovative and nationally recognized prototype for inter-professional work at Fordham University, this is the only volume about social work and the legal system that is written from the social worker's perspective. Devoid of "legalese," the book is designed to help social workers develop the ability to reappraise, question, and challenge the law to best serve their clients. It aims to promote the development of a more strategic relationship with the legal system-a partnership that can achieve more creative and just solutions to social problems. Exhaustive in scope, Social Work and the Law identifies current national and international trends and legal movements that support and invite inter-professional, critically competent social work participation. The book also identifies and explains the essential knowledge, skills, values, and attitudes necessary for the attainment of collaborative critical competence when interacting with the legal system. Each chapter includes vivid case studies based on actual collaborations that illustrate the application of theory to practice. Chapters also include legal, social work, and evidence-based resources. Key Features: Promotes a proactive approach to the ways in which social workers can use law to promote clients' best interests Addresses all domains of social work practice-child welfare, housing law, educational access, disability law, benefits, and more Offers abundant case studies taken from the authors' real-life work Devoid of "legalese" and written from a social worker's perspective
Category: Social Science