bluuebunny/crossref_metadata_2025 huggingface dataset:
When the “Haves” Hold Court: Speculations on the Organizational Internalization of Law
Authors: Edelman Lauren B. , Suchman Mark C.
Published: June 2006

Marc Galanter's 1974 essay, “Why the ‘Haves’ Come Out Ahead,” portrayed large bureaucratic organizations as the archetypal repeat players in the legal system; Galanter's account, however, devoted relatively little attention to the distinctive legal capacities of organizations as organizations. This article extends Galanter's analysis by considering the ability of large bureaucratic organizations to “internalize” legal rules, structures, personnel, and activities. Specifically, we posit that the relationship between law and organizations has undergone four interrelated shifts in recent years: (1) the legalization of organizational governance, (2) the expansion of private dispute resolution, (3) the rise of in-house counsel, and (4) the reemergence of private policing. These processes interact with one another to transform the large bureaucratic organization from being merely a repeat player in the public legal system to being a full-fledged private legal system in its own right. Although “have not” groups may gain some short-run advantages from the introduction of citizenship norms into the workplace, the organizational annexation of law subtly skews the balance between democratic and bureaucratic tendencies in society as a whole, potentially adding to the power and control of dominant elites.
Rights, Religion, and Community: Approaches to Violence Against Women in the Context of Globalization
Authors: Engle Merry Sally
Published: June 2006

Within the burgeoning global discourse on human rights, gender violence provides one of the most important examples of the use of rights to tackle a newly defined social problem. A comparison of three quite different approaches to violence against women in a single town, each of which is rooted in a global movement, reveals sharp differences in the way the problem is defined and the solutions are imagined. One approach focuses on the assertion of rights and relies on a feminist analysis of patriarchy, another on prayer and the elimination of enemy forces within a framework of Pentecostal Christianity, and one on repentance and reconciliation within the framework of the family and the community. Despite these differences, however, all three employ similar technologies of the self, focusing on knowing feelings, making choices, and building self-esteem. This article demonstrates how globalization allows differences on the basis of religion and culture while promoting similarities in techniques of fashioning the self, thus promoting modern subjectivity in the midst of difference.
The Development of a Legal Rule: The Federal Common Law of Public Nuisance
Authors: Wahlbeck Paul J.
Published: June 2006

Scholars from across disciplinary lines are interested in understanding legal development. One impediment to the quest for a systematic explanation has been measures of legal change. Indicators like whether a court overturns an earlier ruling capture one facet of legal change but fail to capture the full range of courts' actions to develop legal doctrine. I introduce an alternative measure of legal change here—one based on Levi's (1949) focus on whether factual circumstances are or are not encompassed by the law. I use the U.S. Courts of Appeals decisions on the federal common law of public nuisance to illustrate this measure. Utilizing a multinomial logit model to explore the appellate judiciary's decisions to develop this legal doctrine, I find that the judges' decisions to develop the federal common law are explained by the judges' policy preferences; the litigation environment consisting of party resources, attorney experience, and amicus support; as well as the broader political context of public opinion and Supreme Court rulings.
The Dynamic Stability of Cylindrical Shells with Variable Geometric and Mechanical Parameters
Authors: Sofiyev A.H. , Birinci F. , Sofiyev Al. H , Yusufoglu E.
Published: June 2006

The dynamic stability of orthotropic cylindrical thin shells of exponentially variable geometric and mechanical parameters is studied by using Galerkin and Ritz type variotional methods. The qualitative and quantitative effects of the external geometry, material properties, and design features on the critical loads, corresponding wave numbers, and the dynamic factor are evaluated. Comparing results with those in the literature validates the present analysis.
Critique of dose response in carcinogenesis
Authors: Waddell W J
Published: June 2006

A few landmarks in the development of dose response in toxicology are presented, with an explanation of why dose should only be considered on a logarithmic scale. Examples are shown, illustrating that the current practice of labeling dose-response curves for carcinogenesis as supralinear, linear or sublinear, is meaningless unless the dose-response scales are defined. Since many reports labeling such curves as supralinear, linear, or sublinear are carried out with dose on a linear scale, the scientific significance of the shape of the curve is obscured. Examples of dose-response curves for carcinogenesis from 2-acetylaminofluorene, N-nitrosodiethylamine, aflatoxins, and radium are shown. In addition, more than 500 National Toxicology Program Technical Reports (NTP-TR) on carcinogenicity were examined; from this database, three groups of studies were selected. The first group consisted of those studies in which the lowest dose produced no tumors and the study had a positive dose response. The second group consisted of those studies with three or more doses, with a positive dose response producing tumors, but in which there were no tumors in the control group. The third group of more than 50 studies was from NTP-TR-00 to NTP-TR-52 that had only two data points with a positive dose response. These studies were all evaluated on the Rozman et al. scale, since it conforms to the laws of nature and allows evaluation of all doses. It was observed that virtually all of these NTP-TR carcinogenicity studies show a linear response when dose is on this logarithmic scale; a clear threshold for carcinogenicity is typical for nearly all of these chemicals. An exponential dose-response curve was a better fit for a few, but experimental error could account for this deviation from linearity. It is pointed out that there is strong experimental evidence that the mere presence of DNA adducts does not necessarily lead to tumor production. Hormesis probably applies to carcino-genesis and proof of this will require abandoning the no threshold concept. Experiments showing that cumulative dose is a better metric than daily dose may require reevaluating almost all carcinogenicity studies.
Evaluation of pteridine metabolism in battery workers chronically exposed to lead
Authors: Engin A B , Tuzun D , Sahin G
Published: June 2006

Occupationally-exposed lead affects the neuromuscular junction and might cause disturbances in the locomotor activity. This study was undertaken to evaluate pteridine metabolism, in which neurotransmitters are synthesized in battery workers. Urinary neopterin, biopterin and creatinine were measured using high performance liquid chromatography. Serum neopterin concentrations were detected by enzyme-linked immunoassay. Blood dihydropteridine reductase (DHPR) activities and delta-aminolevulinic acid (delta-ALA) were measured spectrophotometrically. Blood and urinary lead were detected by atomic absorption spectroscopy. Significantly increased blood and urinary lead levels, urinary neopterin, biopterin and delta-ALA were found in workers, while DHPR activities were indifferent compared to control group. Urinary creatinine decreased. This is the first study to demonstrate that increased activity of the pteridine pathway results in the accumulation of the neurotransmitters that may be responsible for the neurological disorders.
Empirical Procedures for the Analysis of Physisorption Isotherms
Authors: Sing Kenneth S.W. , Williams Ruth T.
Published: June 2006

Empirical methods, which can be used for the analysis of physisorption isotherms, involve the input of adsorption data on reference adsorbents. In particular, the αS-plot method can be used for the characterisation of a porous material when the corresponding standard isotherm has been determined on a well-defined non-porous solid of similar surface structure. The interpretation of αS-plots is based on established principles underlying the mechanisms of physisorption: monolayer–multilayer adsorption, preferential filling of narrow micropores (ultramicropores), monolayer adsorption followed by the filling of wider micropores (supermicropores) and capillary condensation in mesopores. Various distinctive features of αS-plots allow these different processes to be identified and the internal and external areas and effective pore volumes to be quantified. The validity of BET-nitrogen areas can be checked and also, by using probe molecules of different sizes, one can obtain a semi-quantitative evaluation of the micropore-size distribution. The comparison plot is a simple way of comparing the shapes of two related isotherms. This approach has been found useful for investigating textural changes such as those accompanying the thermal decomposition of hydroxides or the activation of carbons.
Changes in the Surface Chemistry and Adsorptive Properties of Active Carbon Previously Oxidized and Heat-Treated at Various Temperatures. III. Studies of the Adsorption of Organic Solutes from Aqueous Solutions
Authors: Derylo-Marczewska A. , Swiatkowski A. , Grajek H. , Biniak S. , Witkiewicz Z.
Published: June 2006

The dependence between the surface chemistry characteristics of thermally modified active carbon samples with previously oxidized surfaces and their ability to adsorb organic solutes from aqueous solutions was investigated. The characteristics of the surface functional groups and the porous structure of the samples obtained were estimated using various experimental methods. The adsorption isotherms of nitrobenzene and 4-nitrophenol from dilute aqueous solutions onto all the carbon samples obtained were measured. The experimental systems were analyzed in terms of the theory of adsorption onto energetically heterogeneous solids. The relationships between the optimized isotherm parameters, i.e. equilibrium constants and heterogeneity parameters, and the characteristics of the active carbons were discussed.
The Crystal Palace and its Place in Structural History
Authors: Addis Bill
Published: June 2006

Completed in 1851 to house the Exhibition of All Nations in London, the Crystal Palace was the first large public building that departed completely from traditional construction materials and methods. It was the first major building to be conceived by its design engineers, William Barlow and Charles Fox, as a rigid-jointed iron frame and one of the earliest to use horizontal and vertical cross-bracing to carry wind loads. Working closely with the contractor John Henderson, the designers also applied their knowledge of modern production engineering methods to ensure the building was constructed in the incredibly short time of 190 days. Within twenty years the iron frame, supporting thin walls of masonry, would become established as a viable alternative to load-bearing masonry walls for large buildings.
Experimental Investigation on the Limitation of Axial Load Level of RC Columns in Seismic Regions
Authors: Xiao Jianzhuang , Zhang Ch.
Published: June 2006

This paper presents an experimental study on the limitation of the axial load applied to reinforced concrete (RC) frame columns with circular, square and diamond sections. Based on seismic tests of 14 large-scale column specimens under low frequency cyclic lateral load, the failure pattern, the hysteresis effects, the skeleton curves, the energy dissipation capacity, and the stiffness degradation laws of RC frame columns with different section shapes were investigated. Besides the effects of shear span to depth ratio and the volumetric stirrups ratio, the effect of axial load level on the seismic performance of RC frame columns are emphasized and were analyzed in detail. It is shown that it is necessary to limit the axial load applied to RC frame columns in seismic regions. The limitation value is strongly dependent on the cross-sectional shape as well as the volumetric stirrups ratio and the shear span to depth ratio. Some suggestions on the seismic design of RC columns with a higher axial load level are recommended.
Interpretation of the Physiological Monitoring of an International Swimmer
Authors: Thompson Kevin G. , Garland Stephen W. , Lothian Fiona
Published: June 2006

It remains contentious whether improvements in the swimming speed at various lactate concentrations coincide with improvements in competitive performances. A lack of longitudinal data exists to confirm this premise. This case study presents data for a world-class 200-m male breaststroke swimmer from a sports science support programme over a three-year period. Eleven (7 × 200-m) Step tests were undertaken during this period Seven of the Step tests occurred within two-three weeks of a competition performance. Rank order correlation demonstrated that higher race speeds coincided significantly (P 0.1) with higher speeds at blood lactate concentrations of 4 mM (ρ = 0.95), 6 mM (ρ = 1), 8 mM (ρ = 0.95). Data were observed to fluctuate following periods of overreaching, detraining and also due to poor nutritional practice. It was concluded that changes in the speed at various blood lactate concentrations can inform the coaching process, but only when measured alongside other parameters and where an in-depth knowledge of the swimmer's health and training status is available.
Academic Freedom and Academic-Industry Relationships in Biotechnology
Authors: Streiffer Robert
Published: June 2006

Commercial academic-industry relationships (AIRs) are widespread in biotechnology and have resulted in a wide array of restrictions on academic research. Objections to such restrictions have centered on the charge that they violate academic freedom. I argue that these objections are almost invariably unsuccessful. On a consequentialist understanding of the value of academic freedom, they rely on unfounded empirical claims about the overall effects that AIRs have on academic research. And on a rights-based understanding of the value of academic freedom, they rely on excessively lavish assumptions about the kinds of activities that academic freedom protects.
Why Do You Think They Call It CAPITAL Punishment? Reading the Killing State
Authors: Simon Jonathan
Published: June 2006

Austin Sarat is widely known for work on cause lawyering, divorce lawyers, and white collar crime, and for influential arguments on behalf of integrating humanities topics and methods into empirical studies of law and society. Sarat is not, however, particularly known as a death penalty scholar, an intensive sub-field of socio-legal studies that has been dominated by scholars wholly captured by the compelling nature of the subject. A reader of Sarat's bibliography would have to go back to 1976 when Sarat, as a young political scientist, published research coauthored with an equally junior psychologist, Neil Vidmar, on how public opinion on the death penalty was affected by targeted education on particular aspects of the death penalty including empirical studies doubting its deterrent effects, and on other information designed to raise concerns about the justice of capital punishment (Sarat & Vidmar 1976). In terms of both its methodology and the logic of its inquiry, When the State Kills could hardly differ more from the Sarat and Vidmar study. Between the two, one can mark significant shifts in both the enterprise of socio-legal studies and the place of capital punishment in American political culture.
Beyond Arrogance and Subordination to the “System”: On Public Intellectual, Power, Morality, and Law
Authors: Skąpska Grażyna
Published: June 2006

An appeal to public intellectual should have special resonance in Eastern and in Central Europe—a part of the world where former dissident writers and intellectuals have become presidents, ministers, and chairs of parliaments, and lawyers once persecuted for opposition to regimes have become chairs of constitutional courts and tribunals. As a matter of fact, Eastern and Central Europe have produced many great intellectuals, as evidenced by a quick check of the birthplaces of Nobel Prize winners. It is also a place where a distinctive social class, the intelligentsia, was considered to have a particular mission to govern the souls and spirits of nations in the name of Freedom and Justice. Where better then to debate the role of intellectuals in answering the big questions concerning democracy and freedom, and indeed in moving the world in that direction!
When the Natural World Presents Facts to Political Theorists
Authors: Durfee Mary
Published: June 2006

The recent article by Marco Verweij in Law and Society Review offers a promising approach for studying the effectiveness of rules for achieving environmental goals. He suggests treating levels of toxic substances as the independent variable, and then looking at that variable across a range of legal and regulatory cultures. In the article, he argued that the adversarial culture of the United States compared to the cooperative culture in civil law nations meant that firms in Europe were more proactive in cleaning up their emissions than was the case in the United States. To make this point, he sought to compare chemical pollution in the Rhine to that found in the Great Lakes of North America. He also claimed that the International Joint Commission (IJC), a small-but-respected international organization, had worsened the situation in the Great Lakes. Verweij's approach is so promising, but the execution so flawed, that a comment on his thoughtful effort seemed in order. My comments will address, first, the scientific/technical difficulties in his study and, then, political/social science issues. It concludes with a brief review of other ways we could test his idea. I believe correcting the flaws related to the biophysical science and executing a relevant study along the lines he suggests would advance our understanding of how differences in legal cultures and institutions produce real-world outcomes.
Statistical Investigation of Casualties Suffered by Certain Types of Vessels
Authors: Vajda S.
Published: June 2006

This paper gives a description of some statistical problems and of the technique used to deal with them. Statisticians may be interested in the methods of analysis utilized in the investigation, which was carried out in the Statistical Branch of the Admiralty.
Law and Anthropology: Notes on Interdisciplinary Research
Authors: Koch Klaus-Friedrich
Published: June 2006

Almost two decades ago Reisman (1951) published an article in which he criticized the lawyer for his ethnocentric view of law and invited the anthropologist to study the organization and functions of American legal institutions and the activities of lawyers. Very few anthropologists have done so. In fact, few anthropologists have made the general study of law their special area of research. In this country, there are perhaps a dozen or two. However, the field is now beginning to attract more people. As a look at the tables of contents and the indexes of ethnographic monographs published in recent years will show, most anthropologists still neglect to report on the law of the people they have studied—yet rarely fail to have chapters on social organization, economy, religion, and the remaining traditional categories with which we “domainize” the culture of a society. Legal scholars, on the other hand, often in cooperation with sociologists and political scientists, have increasingly turned to the kind of research which Schubert (1968) has called, “behavioral jurisprudence.” Outside the United States, this interdisciplinary focus in the study of law and society has been very productive in Scandinavia (see Blegvad 1966).
Eskimo Law in Light of Self- and Group-interest
Authors: Graburn Nelson H. H.
Published: June 2006

The considerable literature on Eskimo law is replete with contradictory descriptions of matters such as the functions of leadership, the imposition of sanctions, the involvement of the community as a whole in juridical matters, and the presence or absence of specific methods of conflict resolution. Rather than accuse certain ethnographers of error, I would judge that all the well-known accounts are substantially accurate.
Criminal Punishment and Psychiatric Fallacies
Authors: Murphy Jeffrie G.
Published: June 2006

Nowhere is this general tendency expressed by Brandeis more prominent than in the area of criminal law. In spite of the reasoned warnings of some writers, we are greeted by a continuous stream of books and articles from psychiatrists and psychoanalysts (and their judicial followers) with one common theme: Criminal punishment is an unscientific survival of barbarism and must be replaced by a system of individual and social therapy. To believe otherwise is to be unscientific and (if the distinction is recognized) immoral.
The 1900 Revision of German Divorce Laws
Authors: Glass Gene V , Tiao George C. , Maguire Thomas O.
Published: June 2006

In 1959, Wolf, Lüke, and Hax published Scheidung und Scheidungsrecht (Divorce and Divorce Law), dealing with the effects of revision of German divorce laws in 1900 on the rates of divorce and petition for divorce. This paper is a reanalysis of Wolf, Lüke, and Hax's data with newly developed inferential statistical models, and a reappraisal in light of appropriate statistical analyses of then-conclusions and those of Max Rheinstein (1960) in his review of their work.
Law as an Instrument of Revolutionary Change in a Traditional Milieu: The Case of Soviet Central Asia
Authors: Massell Gregory J.
Published: June 2006

This study is concerned with a problem central to comparative politics in a world of new nations pursuing stupendous goals: how, and to what extent, political power—and specifically, legal engineering—may be deliberately used in the revolutionary transformation of societies, especially those we generally call “traditional societies.” It pursues that concern through a study of the interaction between central power and local traditions in one of the peripheral areas of the Soviet land mass, Soviet Central Asia. And it is most especially concerned with the meaning and impact of large, abstract, impersonal political blueprints of great movements and figures when pursued by ordinary men in the small, concrete, and intimate worlds of human relations, on the manipulation of which the achievement of all revolutionary goals ultimately depends.
The Return of Punitive Sterilization Proposals
Authors: Paul Julius
Published: June 2006

Punitive sterilization has once again returned to the lexicon of American legislative debate. While there is no denying that the America of the social Darwinians and the extreme hereditarians of the late 19th and early 20th century has vanished from our midst, the residue still remains. The early eugenics literature was often punitive in tone, aimed at “purging” the nation of its so-called criminal, degenerate, and other “cacogenic” classes, not by physical extermination but rather through the use of surgical castration or sterilization. Notwithstanding the fact that the early hereditarians were concerned with the alleged inheritance of criminality and social degeneracy, the main thrust of the eugenic sterilizations laws which were passed (beginning with Indiana in 1907) was the reduction and eventual elimination of insanity and feeblemindedness. These laws were clearly gauged to prevent America from being deluged or “inundated” by those socially undesirable classes or categories of persons that the state legislators of that period believed to be the most serious threat to the stability, even the survival, of the nation as they conceived it. The eugenic character of these early laws was often compromised by the inclusion of habitual criminals, rapists, sexual perverts, social degenerates, and other groups where the intent of the legislation was clearly punitive.
Reactions of State Supreme Courts to A U.S. Supreme Court Civil Liberties Decision
Authors: Canon Bradley C.
Published: June 2006

Political scientists have in recent years been focusing more of their attention on compliance with Supreme Court decisions. Of course, with rare exceptions, the Supreme Court does not issue orders directly; rather it announces broad policies in the form of opinions. Detailed interpretation and application of these policies are, insofar as the judicial system is concerned at least, left to other courts. Thus those interested in the nature of compliance with Supreme Court policies must explore the manner in which lower courts handle the high court decisions.
The Year of Spoiled Pork: Comments on the Court's Emergence as An Environmental Defender
Authors: Rosenbaum Walter A. , Roberts Paul E.
Published: June 2006

On January 19, 1971, President Nixon, catching most White House observers by surprise, issued a terse, 275-word statement halting further construction of the Cross Florida Barge Canal. This was imperative, the President declared, “to prevent potentially serious environmental damages” and was done at the urging of the new Council on Environmental Quality; the Council v/arned that the project “could endanger the unique wildlife of the area and destroy this region of unusual and unique natural beauty.” Thus was the nation notified that the canal, weighed by the President against the newly minted values expressed in the National Environmental Policy Act, had been judged a $50 million mistake.
Law and Medicine
Authors: Christie Nils
Published: June 2006

Some standard conflicts seem to appear again and again in the relationship between law and medicine. Lawyers are accused of showing undue concern for the past, for formalities, for retribution, and for deterrence, as well as having a basic lack of skill in the handling of human needs. Medical people are accused of disregarding law and the needs of society, and also of often overstepping individual rights in their eagerness as “good-doers.” Imperialists within both camps demand more scope for their particular approach. Delinquents, drinkers, psychopaths, or drug abusers—a continuous battle rages between these major professions as to whom these problems belong. There are property claims in human and social problems as well as in land.
The Development of the Private Sector of the Criminal Justice System
Authors: Scott Thomas M. , McPherson Marlys
Published: June 2006

One of the more interesting questions that political scientists are likely to overlook in their analyses of public policy, the delivery of services, etc., is the continually changing mix of public and private provision of such policies and services. Present concern with the criminal justice system, in general, and the police in particular, is no exception. Political scientists are interested in questions of police organization, public accountability of police activity, implications of greater involvement in local police activity by state and federal agencies, professionalization of local police officers, etc. But we have tended to concentrate on the political-governmental provision of police services and to ignore both the traditional and the contemporary role of private police as a very important part of the total panoply of police activities in American society.
New Haven
Authors: Buss William G.
Published: June 2006

New Haven has a population of just over 150,000, and approximately 15% of its population is nonwhite (virtually all Negroes). Just under 1% of the population is native or first generation Puerto Rican. Like many other New England cities, New Haven is highly “ethnic,” and is ethnically self-conscious. Besides the Negro segment of the population, almost 17% is of Italian stock; other identifiable nationality groups include Irish, German, Russian, and Polish. Many of the central Europeans are Jewish, and approximately two-thirds of the community is Roman Catholic. Negroes, Puerto Ricans, Italians, and to a lesser extent, Jews all tend to live within identifiable geographical boundaries. New Haven politics have tended to polarize around ethnic loyalties.
St. Louis
Authors: Reisner Ralph
Published: June 2006

St. Louis is the only community among the eight cities here being considered which until 1954 operated a segregated system of public education. Substantial compliance with the desegregation mandated by the fourteenth amendment was effected rapidly and with a minimum of dislocation. The initial stages of desegregation took place against a background of rapid population shifts. Like many metropolitan central cities, St. Louis has suffered an absolute decline in population since World War II, a decline which was sharpest in the 1950–60 decade when a net loss of over 100,000 residents occurred. During the same period the suburban area around St. Louis experienced an increase in population in excess of 50%.
School Desegregation: A Sociologist's View
Authors: Rose Arnold M.
Published: June 2006

There is a tough question in the sociology of law facing the nation. It is: To what extent is the inferior education of Negroes due to a failure to enforce the fourteenth amendment, which requires that the states must treat all its citizens equally and without discrimination? There may be more felicitous phrasings of the problem, but this puts it bluntly.
The Impact of a Legal Revolution in Rural Turkey
Authors: Starr June , Pool Jonathan
Published: June 2006

This paper examines the impact of Turkey's radical introduction of Western law codes and secular courts by analyzing a portion (1950-67) of the docket of a rural district court, located in Bodrum, Turkey. We are particularly interested in whether a transplanted formal legal system can influence the countryside, and we ask: (1) To what extent are rural district law courts being used, and is this use increasing? (2) In what domains are rural courts used, and to what degree do these coincide with domains formerly covered by religious and/or customary law? (3) How is the use of the courts distributed between settling disputes (including disputes between the state and citizens) and processing routine, undisputed formalities, and is this distribution changing? (4) To what extent are women and other non-powerful groups (rural, poor, ethnic minorities) using the courts, and has this use changed over time? (5) To what extent is the government using the courts for social control purposes, and how does this use compare with non-governmental use of the courts? (6) How does the use of the courts relate to abrupt shifts in political power and ideology?
Legal Evolution and the Durkheim Hypothesis: A Reply to Professor Baxi
Authors: Schwartz Richard D.
Published: June 2006

At the outset, I wish to thank Professor Upendra Baxi for his critical reading of the Schwartz-Miller article. Several years ago, when we first talked, he expressed a lively interest in the issue to which his present comment is directed (Baxi, 1974). His observations, then and now, have helped me to understand some theoretical and methodological complexities in Durkheim's position which I had earlier missed. I acknowledge with gratitude his scholarly observations and also his courteous manner in presenting them.
Behavioral Jurisprudence
Authors: Schubert Glendon
Published: June 2006

For over two thousand years, the science of law has been a dull esoteric subject, with traditional logic its long suit and the syllogism its ace in the hole. The erudite tended to empathize with Socrates, who could define justice only in metaphysical terms, and to scorn the occasional iconoclasts in the Thrasymachian tradition, who would have operationalized the concept of justice on the basis of political interrelationships of power and influence. Throughout these two millennia, jurisprudence was a “science” only in the sense of “moral science,” that is to say, it was a branch of philosophy. It was concerned with prescriptive norms rather than with descriptions of human action, and therefore it dealt almost exclusively with ideals for, rather than with the realities of, the behavior of judges, lawyers, jurors, and litigants.
Programs in Law and Social Science
Authors: Ross H. Lawrence
Published: June 2006

By way of introducing this column, I should like to sketch briefly a picture of the major current programs which have developed under the aegis of the Russell Sage Foundation. These impressions are based on a review of grant applications and annual reports on file with the Russell Sage Foundation, on my own experiences working at Berkeley and at Denver, and on visits by my New York University colleagues to the Sage-sponsored centers at Wisconsin and Northwestern.
Law and Social Revolution: Millenarianism and the Legal System
Authors: Barkun Michael
Published: June 2006

In the 1920s and early 1930s the Marxist legal theorist, Eugene Pashukanis, advanced the thesis that the achievement of communism would produce not only the dissolution of the state but of the legal system as well. Briefly, he argued that law was a direct result of economic exchange, that economic exchange was an integral part of bourgeois society, that all law was hence bourgeois law, and, finally, that the demise of bourgeois society would carry law with it. The fascination Pashukanis exerts is a direct product of the purity of his conclusion. The Revolution does not bring about a revision of the legal system, nor (except for a transitional period) does it even substitute one legal system for another. To the extent that the Revolution succeeds, it obliterates law qua law altogether.
Institutions of Divorce, Family, and the Law
Authors: Bohannan Paul , Huckleberry Karan
Published: June 2006

Social scientists are accustomed to thinking of the family as a primary social institution. They are less accustomed to thinking of it as one of the primary “back-up institutions” of American society. A back-up institution carries out the work of some other institution of society when that other institution fails in its task. The back-up institution might have been called an “institution for redundancy,” defining redundancy with Hall as “information [or action] from one [institutional] system which is backed up by other systems in case of failure.” Thus, if the original institution fails in its purpose, some other institution takes over its tasks or goals, and fulfills its functions in either the original or a modified form.
Expectations and Images: A Note on Diffuse Support for Legal Institutions
Authors: Engstrom Richard L. , Giles Micheal W.
Published: June 2006

There has recently been a growing concern within political science with the public's support for governmental institutions. To date, the research in the judicial realm — focusing extensively on the United States Supreme Court — has measured support primarily in terms of the public's evaluation of court outputs and has attempted to explain support through variables believed to function as important bases or references for these evaluations, e.g., policy orientations, political party identification, and race (Murphy and Tanenhaus, 1968a and 1968b; Dolbeare and Hammond, 1968; Dolbeare, 1967; Hirsh and Donohew, 1968). Yet the public is not especially cognizant of court decisions and the low “visibility” of judicial bodies (Dolbeare, 1967; 198-201; Barth, 1968; Jacob, 1966) would suggest that the basis of support might well be more diffuse than specific. An analysis of diffuse support might be concerned primarily with the public's general willingness to comply with judicial decrees or with its willingness to maintain judicial institutions as bodies appropriate for resolving conflicts, and only secondarily with outputs.
E. Adamson Hoebel and the Anthropology of Law
Authors: Pospisil Leopold
Published: June 2006

“Like it or not — and many from Plato to Marx have disliked it — law is a central concept in human society; without it, indeed, there would be no society.” The truth of this statement from the jacket of Lloyd's The Idea of Law (1966) is implicitly borne out by the fact that, prior to the emergence of social science as a discipline, an empirically minded member of Western society, interested in the function and structure of his civilization, had to turn to the study of law as the only avenue to this knowledge. This was my experience (there was little of modern social science in Czechoslovakia in 1945), and that of many social scientists of the past. It is then no surprise that many anthropologists of the nineteenth century were either practicing lawyers or had a solid legal education, as, for example, Adolf Bastian, Lewis Henry Morgan, Sir Henry Sumner Maine, Johan Jakob Bachofen, and John Ferguson McLennan, to name a few. It is only interesting to note that Morgan's epochal Ancient Society (1877) was preceded by Maine's famous treatise Ancient Law (1861), which he wrote rather than one on ancient social structure, ancient religion, or some other cultural specialty.
Change without Conflict: A Case Study of Legal Change in Tanzania
Authors: Nicholson M. E. R.
Published: June 2006

Lawyers and anthropologists who are equally concerned with scientific and pragmatic questions have called for investigation of specific instances of legal change. Such men as Garland and Roth (1967), Healey (1964), Schiller (1965), Thompson (1968), and Twining (1964) have pointed out the need for concrete facts and figures for use in evaluating particular theories of and hypotheses about the process of legal change. In The Place of Customary Law in the National Legal Systems of East Africa, Professor Twining comments that “it would be of great value to have some intensive studies in depth of the introduction of the new courts system and the unified customary law” in Tanzania (1964: 51). He adds that “it is encouraging to hear that a private research project on similar lines is under way in Sukumaland” (1964: 59, fn. 42).
The Contract Buyers League and the Courts: A Case Study of Poverty Litigation
Authors: Fitzgerald Jeffrey M.
Published: June 2006

The Contract Buyers League (C.B.L.), a group of middle-aged black people claiming to have been over-charged and exploited in the purchase of their homes, emerged on Chicago's west side during the winter of 1967-68. From 1968 to 1971 C.B.L. gained considerable publicity and support for its claims by the use of such tactics as picketing, withholding housing payments, and resisting attempts at eviction. In addition, the members of C.B.L. have had a complicated set of encounters with the legal system which continue at the time of writing (August 1974). This paper uses the most significant of these encounters to explore in a more theoretical way certain aspects of litigation involving poor and minority groups.
The Public Ordering of Private Relations Part Two: Winning Civil Court Cases
Authors: Wanner Craig
Published: June 2006

This paper analyzes who wins and loses in the civil trial courts in Baltimore, Cleveland and Milwaukee. Research was conducted during 1971 and 1972 when a total of 7,800 civil court cases were examined and summarized from the case folders and dockets of courts of first instance with general jurisdiction in Baltimore, Cleveland and Milwaukee. Cases were selected randomly, sampling without replacement, from the 1965 and 1970 records of cases filed from those court records which were open to public inspection (records of paternity suits and adoptions, for instance, were not available). Cases were coded by: (1) the type of legal action initiated; (2) the outcome; (3) the names and addresses of all litigants; (4) the names of law firms and attorneys; (5) the date of filing; (6) the date of last recorded docket entry; (7) the number of court proceedings docketed; (8) the amount of money in dispute; (9) the amount of money awarded as damages; and (10) the census tract of each litigant.
Litigation in the Federal Courts: A Comparative Perspective
Authors: Grossman Joel B. , Sarat Austin
Published: June 2006

Courts, unlike most other political institutions, depend almost exclusively on the actions of others to initiate proceedings which comprise their agendas of decision-making. Formal rules and custom proscribe the independent searching out of cases by American courts. These courts may, in a sense, invite litigation by the way they handle certain kinds of issues, but they must await the development of real “cases and controversies;” and, more importantly, they must await private choices which may or may not bring these cases and controversies to court. Recent years have brought some recognition of the importance of such private choice-making activity in setting the boundaries of the policy-making roles which the courts can play. As Donald Black (1973:126) argues, “[t]he day to day entry of cases into any legal system cannot be taken for granted. Cases of alleged illegality and disputes do not move automatically to legal agencies for disposition and settlement.”
Afterword: Change and Structure in Dispute Processing
Authors: Kidder Robert L.
Published: June 2006

One need only thumb through the back issues of this journal to sense that the material presented in these two special issues on litigation represents a change of some sort. The post-World War II revival of social scientific interest in law has been characterized by a strong programmatic or policy orientation which has tended to assign a peripheral position to the issues raised in these pages (cf. Black and Mileski, 1973, 3-5). The revival of this interest, which gave birth to this journal, received much of its impetus from concern with questions of social control. Broadly speaking, the question was: “To what extent can legal institutions be used to achieve legally mandated objectives?” The legal impact study's search for the effects of legal acts has expanded to include the conditions which shape those effects. This search has sometimes been informed by theoretical consideration of the organizational processes affecting legal functionaries as they deal with the problems of putting legal doctrine into practice. In many ways, we have learned how legal actions become transformed by their encounter with the “real world.” The law, we repeatedly discover, does not always have its “intended effects.”
The Soviet Criminal Correction System: Change and Stability
Authors: Connor Walter D.
Published: June 2006

The publication in July, 1969, of the “Principles of Corrective-Labor Legislation of the USSR and the Union Republics” was notable for a lack of fanfare. This was in itself not surprising, since in the area of corrective-labor law, even since the death of Stalin, unpublished statutes have been the main guides for the operation of corrective-labor colonies and prisons. The old corrective-labor codes of the union republics, while still legally in force, had admittedly lost any real legal power.

While the new Principles came upon the scene with little advance announcement, this fact should not obscure the more important one that “reform,” clarification, and codification have been on the minds of Soviet jurists for the preceding thirteen years — years which have seen the promulgation of two successive statutes (polozheniia) to guide the operation of the corrective-labor system in the RSFSR but, until 1969, little by way of publication or systematization of new provisions.
Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change
Authors: Galanter Marc
Published: June 2006

This essay attempts to discern some of the general features of a legal system like the American by drawing on (and rearranging) commonplaces and less than systematic gleanings from the literature. The speculative and tentative nature of the assertions here will be apparent and is acknowledged here wholesale to spare myself and the reader repeated disclaimers.

I would like to try to put forward some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system ;as a means of redistributive (that is, systemically equalizing) change. Our question, specifically, is, under what conditions can Iitigation be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts (or court-like agencies) and the whole penumbra of threats, feints, and so forth, surrounding such presentation.
Ghetto Residents and Urban Politics
Authors: Lindquist John H. , Barresi Charles M.
Published: June 2006

One of the traditional themes running through the literature on urban renewal is that the residents of urban renewal areas are universally opposed to being relocated. Relocation is described as being destructive of community subcultures which provide a viable social milieu for the residents. It is argued that the term “slum,” denoting a disorganized social structure and apathy on the part of the residents, is a misnomer (Gans, 1962; Jacobs, 1961; Glaser, 1968). Urban renewal areas, it is said, represent unified neighborhoods for some ethnic groups, though not for all (Gans, 1965: 30-31). Among the most eloquent spokesmen for this point of view have been those who researched and made famous Boston's West End. Thus Herbert Gans wrote of the feelings of urban renewal victims (Gans, 1965: 29):

Slum dwellers whose homes were to be torn down have indeed protested bitterly, but their outcries have been limited to particular projects; and because such outcries have rarely been supported by the local press, they have been easily brushed aside by the political power of the supporters of the projects in question.
The “Marihuana Muddle” as Reflected in California Arrest Statistics and Dispositions
Authors: Grupp Stanley E. , Lucas Warren C.
Published: June 2006

The “marihuana problem” has rapidly degenerated into the “marihuana muddle.” As the use of marihuana increases, and as this use expands into the middle and upper classes, officials are increasingly confronted with questions concerning the effects and dangers of marihuana. Unfortunately, the answers that can be given are limited. We really do not know very much about marihuana. Perhaps the most decisive point that can be made is that the possession and sale of marihuana are against the law.
Civil Justice and the Poor: Issues for Sociological Research
Authors: Carlin Jerome E. , Messinger Sheldon L. , Howard Jan
Published: June 2006

In this report on civil justice and the poor we seek to examine issues relevant to the sociology of law. We have studied law and poverty because this area seems to us most likely to call into question conventional assumptions about the structure, conditions and consequences of legal administration. Here, we believe, the actual operation of the legal system is most likely to deviate from received notions; and at this stage of inquiry gross deviations may be most useful in stimulating research issues and perspectives. We have emphasized the civil instead of the criminal side because sociologists have given it so little attention.
Youth Services Bureaus
Authors: Seymour J.A.
Published: June 2006

It is the purpose of this paper to examine, briefly, the Crime Commission's proposals for the establishment of youth services bureaus. The aim of this examination is to lay the foundation for a discussion of the nature and role of these bureaus, the type of cases with which they should deal, the bureaus' significance in the pattern of juvenile services, and some of the problems which must be considered by those concerned with the implementation of the scheme.
The Juvenile Court: The Making of a Delinquent
Authors: Langley Michael H.
Published: June 2006

The rhetoric of the Juvenile Court Movement has emphasized the individualized, non-criminal handling of youths who commit delinquent acts. While the procedures for handling youth in the juvenile court were decriminalized (which basically means that constitutional guidelines applicable to criminal trials were disregarded), the alleged delinquent acts have remained, for the most part criminalized. That is, delinquent acts are defined by the law as basically criminal acts committed by youth. A partial exception to this perspective is the juvenile status offenses. For the most part these acts (truancy, curfew violation, ungovernable, etc.) are viewed as “pre-delinquent,” i.e., pre-criminal kinds of behavior.