NEW YORK CITY COLLEGE OF TECHNOLOGY The City University of New York School of Arts & Sciences Department of Social Science Course Outline
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1 Course code: SOC 2403 Course title: Law and Society Class hours/credits: 3 class hours, 3 credits Prerequisite: SOC 1101 or PSY 1101 Pathways: Individual and Society NEW YORK CITY COLLEGE OF TECHNOLOGY The City University of New York School of Arts & Sciences Department of Social Science Course Outline Catalog Description: Since the legal system was codified, there has been an interaction between society and the law. Investigates the dynamic interplay between social systems and legal systems. Included are discussions of historical and contemporary legal systems, and an analysis of the function of the law (as a profession and as a system of social control). COURSE DESCRIPTION: Since the legal system was codified there has been an interaction between society and the law. The law is shaped by the values and customs of society, even as it also contributes to cultural change. This course is an attempt to investigate the dynamic interplay between various social systems and legal systems. Included is a discussion of both historical and contemporary socio-cultural legal systems, as well as a consideration of the pressures being brought to bear upon our own legal system to be more responsive to the particular needs of specific ethnic, sexual, and religious groups. RECOMMENDED TEXTBOOK and MATERIALS* Title: Law and Society Author: Steven Vago Publisher: Prentice Hall * The textbook used in a particular section will be chosen by the instructor. COURSE INTENDED LEARNING OUTCOMES/ ASSESSMENT METHODS LEARNING OUTCOMES 1. Demonstrate an understanding of the basic principles underlying the American legal system. 2. Demonstrate an understanding of the connections between the legal system and the various spheres of social life, such as the economy, political system and family. 3. Demonstrate an understanding of the interaction between social and cultural change, on the one hand, and legal change, on the other. 4. Demonstrate an understanding of the ways in which the law both reflects and helps to challenge class, gender and racial inequalities. ASSESSMENT METHODS* Exams, essays, in-class discussions, small group workshops, and oral presentations focusing on the examples related to the concepts introduced in readings and lectures. Combination of multiple-choice and essay questions in exams, in-class discussions, and questions discussed in a small group setting. Exams, quizzes, in-class discussions, small group work, and essays. Exams, quizzes, in-class discussions, small group work, and essays. GENERAL EDUCATION LEARNING OUTCOMES/ASSESSMENT METHODS
2 LEARNING OUTCOMES KNOWLEDGE: Develop an introductory knowledge of the concepts and theories deployed by sociologists in their analysis of the social factors shaping law and the legal system. SKILLS: Develop and use the tools needed for communication, inquiry, analysis and productive work. INTEGRATION: Work productively within and across disciplines. VALUES, ETHICS, AND RELATIONSHIPS: Understand and apply values, ethics, and diverse perspectives in personal, civic, and cultural/global domains. SCOPE OF ASSIGNMENTS AND OTHER COURSE REQUIREMENTS* ASSESSMENT METHODS* Quizzes, exams, essays, class discussions, and oral presentations. Combination of class discussions, oral presentations, in-class small group work, essays, and exams. Quizzes, exams, essays, class discussions, and in-class small group work that draws on various resources in sociology and other disciplines. Combination of class discussions, oral presentations, in-class small group work, and essays that engage directly with the questions about values, ethics, responsibility, and diversity. Quizzes; midterm and final exams including multiple-choice and short answer questions; essay assignments; participation in-class discussions; participation and contribution to small-group projects; oral presentations Capstone Course Statement: This course fulfills the LAA/LAS Associate Capstone requirement, though it can also be taken for other requirements and electives. The City Tech LAA/LAS Associate Capstone is designed for students entering their second year in the program. LAA/LAS Associate Capstone courses are meant to prepare students to continue their studies in a bachelor's degree, third-year, or junior, level. In addition, Associate Capstone courses are meant to help students develop an awareness of the importance of knowledge, values and skills developed in general education courses; and to integrate this knowledge, these values and these skills into their advanced academic study and professional careers. Please ask the instructor if you have any questions about what the LAA/LAS Associate Capstone requirement entails. FINAL GRADE DISTRIBUTION - elements and weight of factors determining the students' grade* Midterm exam: 20% of the grade Final exam: 30% of the grade Quizzes: 20% of the grade Essay: 20% of the grade Attendance/Participation: 10% of the grade GRADING SCALE I A I le
3 A D B F 59.9 and below B WU Unofficial Withdrawal B WF Withdrew Failing C ACADEMIC INTEGRITY POLICY Students and all others who work with information, ideas, texts, images, music, inventions, and other intellectual property owe their audience and sources accuracy and honesty in using, crediting, and citing sources. As a community of intellectual and professional workers, the College recognizes its responsibility for providing instruction in information literacy and academic integrity, offering models of good practice, and responding vigilantly and appropriately to infractions of academic integrity. Accordingly, academic dishonesty is prohibited in The City University of New York and at New York City College of Technology and is punishable by penalties, including failing grades, suspension, and expulsion. The complete text of the College policy on Academic Integrity may be found in the catalog. COLLEGE POLICY ON ABSENCE/LATENESS A student may be absent without penalty for 10 percent of the number of scheduled class meetings during the semester as follows: Class meets Allowable Absence 1 time/week 2 classes 2 times/week 3 classes 3 times/week 4 classes It is the responsibility of the instructor to keep accurate records of every student's attendance and to inform each class orally and in writing of the applicable attendance policy during the first two weeks of class meetings each semester. Excessive Absence If a student's class absences exceed the limit established for a given course or component, the instructor will alert the student that a grade of "WU" may be assigned. If a student remains officially registered for a course and never attends that course, a final grade of "*WN" will be assigned. If the student withdraws officially from the course, he/she will be assigned a grade in accordance with the existing withdrawal policy of the College. Appeals A student wishing to appeal the excessive absence status and the impending grade should request a meeting with the chai rp erson of the department in which the course is offered. The chai rp erson will consult with the instructor to render a decision. A student wishing to appeal a "WU" grade may do so through the Committee on Course and Standards. Lateness It is the responsibility of the instructor to keep a record of lateness and to inform each class orally and in writing of the lateness policy during the first two weeks of class meetings of each semester. SAMPLE SEQUENCE OF TOPICS AND TIME ALLOCATIONS* Week 1-2
4 I. The Social Context of Law Interwoven Nature of the Three Reality Constructs (Social Conditions, Social Ideas and People) Legal Culture Defining Law Components of Law Sources of Law in the United States Types of Law Defining Law and Society Week 2, 3, 4 II. The Theoretical Context of Law The Uses of Theory Influences from Legal Philosophy Natural Law Positivism Analytical Jurisprudence Cultural Jurisprudence Utilitarianism Legal Realism Influences from Sociology Talcott Parsons and the Structural Functions of Law Emile Durkheim's Theory of Legal Development Karl Marx's View of the Law Max Weber's Typology of Legal Decision Making Donald Black's Types of Social Control Critical Legal Studies Feminist Jurisprudence Week5-6 III. Cross-Cultural Context of Law Problems with Comparative Studies and Issues Romano-Germanic (Civil) Family of Law Socialist Family of Law Public versus Private Law Economic Crimes Educational Functions of Law Role of the Procurator Political versus Nonpolitical Justice Mitigated Independence of the Judiciary Religious of Philosophical Family of Law - Islamic Law Common Law Family of Law Examples of the Families of Law France Japan Former U.S.S.R
5 Saudi Arabia Week 7-8 IV. Types of Law Civil Law Criminal Law Characteristics of Criminal Law Characteristics of Criminal Behavior Insanity and the Insanity Defense U.S. Military Law General Court-Martial Special Court-Martial Summary Court Martial Constitutional Law U.S. Constitution Historical, Social, and Political Foundations The Constitutional Convention The Separation of Powers The Bill of Rights U.S. Tribal Law Week 9-10 V. Law and Social Control Informal Social Controls Formal Social Controls Criminal Sanctions Civil Commitment Crimes Without Victims Drug Addiction Prostitution Gambling White-Collar Crime Social Control of Dissent Administrative Law and Social Control Licensing Inspection Threat of Publicity Week 11-12
6 VI. Law and Social Change Reciprocity Between Law and Social Change Social Changes as Causes of Legal Changes Law as an Instrument of Social Change Advantages of Law in Creating Social Change Legitimate Authority The Binding Force of Law Sanctions Limitations of Law in Creating Social Change Law as a Policy Instrument Morality and Values Resistance to Change Social Factors Psychological Factors Cultural Factors Economic Factors Week VII. Gender, Race, Social Class, and Law (4 sessions oflh 15min each) Gender and the Social Context of Law Race and the Social Context of Law Native Americans African Americans Social Class and the Social Context of Law The Death Penalty as Illustration of the Intersection of Age, Race, Class and Gender Week15 VIII. The Legal Profession The Professionalization of Lawyers The Evolution of the American Legal Profession The Profession Today Where the Lawyers Are Private Practice Government Private Employment Judiciary Lawyers and Money Competition for Business Legal Services for the Poor and Not so Poor Law Schools Socialization into the Profession Bar Admission Bar Associations as Interest Groups
7 Professional Discipline Reviewed/revised by Diana Mincyte Date: December, 2015
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