Sociological Justice

 

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Sociological Justice


by Donald Black (Author)

 

Paperback

ISBN: 9780195085587

 

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Going beyond the fact that discrimination on the basis of race and other characteristics (class, kinship, affiliation) exists in the legal process, legal sociologist Donald Black presents in this work an analysis of the "sociology of the case", probing the non-legal factors that determine the concrete impact and outcome of law in society.


, speech, organization, and numerous other factors all greatly influence whether a complaint will be filed in court, who will win, and what the punishment or other remedy will be. Moreover, he extends his analysis to include not only the litigants, but also the lawyers, the jurors, and the judge, describing how their social characteristics can also influence a case. Sociological Justice introduces a new field of legal scholarship that will have important consequences for the future of law: the sociology of the case. Black discusses how lawyers can use the sociology of the case to improve their practice and, for those interested in reform, he suggests ways to minimize bias in the courtroom. Beyond this, Black demonstrates that modern jurisprudence, with its assumption that like cases will be treated in like fashion, is out of touch with reality. He urges the adoption of a new sociological jurisprudence, with a new morality of law, that explicitly addresses the social relativity of justice. A major contribution to legal scholarship, this thought-provoking volume is essential reading for anyone interested in law and justice in modern society.


 

ISBN 195085582
ISBN13 9780195085587
Publisher Oxford University Press Inc, USA
Format Paperback
Publication date 17/02/1994
Pages 190
Weight (grammes) 256
Published in United States
Height (mm) 210
Width (mm) 140

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