Course Description. Organization and Requirements

Transcription

1 University of Pennsylvania Hocine Fetni, Ph.D. Sociology Department MW 5:30-9:20 Summer Session I, 2017 Law & Social Change Sociology Law and Social Change Course Description Beginning with discussion of various perspectives on social change and law, this course then examines in detail the interdependent relationship between changes in legal and societal institutions. Emphasis will be placed on (1) how and when law can be an instrument for social change, and (2) how and when social change can cause legal change. In the assessment of this relationship, the laws of the United States and other countries as well as international law, will be studied. Throughout the course, discussions will include legal controversies relevant to social change such as civil liberties, gender and the law, and issues of State-Building. A comparative framework will be used in the analysis of this interdependent relationship between law and social change. Organization and Requirements Sessions will consist of lectures and discussions. Students are thus expected to be prepared and actively participate in class discussions. Lectures will summarize and discuss the assigned readings. For the mid-session, students have the option of (1) giving an oral presentations in which the theoretical concepts covered in class are applied to current controversial issues relating to Law and Social Change as well as submitting a paper about the presentation (5 pages double space) OR (2) taking a mid-session examination. We will also have a final examination during the last day of class. Evaluation The grade will be based on the following criteria: Mid-Session Examination OR 40% Class Presentation and paper Final Examination 60% Percentage of Final Grade

2 Readings All readings will be posted on Canvas. In addition, this following book will be available at the University Bookstore: Katsh, Ethan M. Taking Sides: Clashing Views on Controversial Legal Issues, 16th Edition SCHEDULE OF TOPICS AND READINGS *Before every class meeting, students will be notified through Canvas days ahead on what will be covered in each meeting session. Part I. Introduction 5/22-5/29 General Discussion: Purpose, Scope Procedures Theories of Law & Society Vago, S. Law and Society Katsh, M.E. Taking Side, Unit 4.5 Social Change and Development Definition of Social Change and Change in Societies Moore, Wilbert E. Social Change. 1-44, McMichael, Philip, Development and Social Change, 3-41(2000) Katsh, M.E. Taking Side. Units 2.3, 3.5, 3.2, and 4.4 Part II. Theoretical Perspectives on Law and Social Change 5/31-6/05 Law and Social Change Vago, S. Law and Society Sarkur, Rumu. Development Law and International Finance, pp , Geary, Adam, Globalization and Law, pp (2005)

3 Katsh, M.E. Taking Sides. Units 4.7 and 4.1 Rodgers and Bullock, Law and Social Change: Civil Rights Laws and Their Consequences Seidman, Robert B., Law and Development in Africa: A General Model, Law and Society Review, 6, Katsh, M.E. Taking Sides, Units 1.1, 1.2, and 4.3 Part III. Law as an Instrument of Social Change 6/07-6/12 Evan, William M., Law as an Instrument of Social Change,.In Alvin W. Gouldner and S.M. Miller, (eds). Applied Sociology, pp Gregory Massell., Law as an Instrument of Revolutionary Change in a Traditional Milieu: The Case of Soviet Central Asia. Law and Society Review, 2(2), Azer, Adel, Law as an Instrument of Social Change: The Case of Population Policy., In Nelson, Cynthia (ed.) Law and Social Change:Problems and Challenges m Contemporary Egypt, pp (1985) Katsh, M.E. Taking Side. Units 2.5 and 3.1 Horowitz, Donald L. The Courts and Social Policy, Chapters, 1 and 2 Burns, Haywood. From Brown to Bakke and Back: Race, Law, and Social Change in America. Daedalus, Spring 1981, vol 110, p Bell, Derrick. An Allegorical Critique of the United States Civil Rights Model. In: Discrimination: The Limits of Law. Edited by Hepple & Szyszczak, Part IV. Legal Change: A Result of Social Change 6/14-6/19 Barnett, Larry D. Legal Construct, Social Concept: A Macrosociological Perspective on Law. 1993, Chapter 2. Blume, Peter, The Legal Information Society. In Blume Peter, (Ed) Legal Issues at the Dawn of the New Millenium, pp (1999)

4 Koktvedgaard, Mogens, The Law of Intellectual Property: Can the Legal System Cope or...? in Blume, Peter (Ed), Legal Issues at the Dawn of the New Millenium, pp (1999) Katsh, M.E. Taking Side, Units 2.4, 3.3, and 3.4.

5 Part V. Law and Social Change: A Comparative Perspective 6/21 Auerbach, Carol. The Relation of Legal Systems to Social Change. Wisconsin Law Review, Nov-Dec 1980, n. 6, pp Harding, Andrew and Carter, Connie, The Singapore Model of Law and Development: Cutting Through the Complexity, in Hatchard, John (Ed), Law and Development: Facing Complexity in the 21 st Century, pp (2003) Pistor, Kathrina and Wellons, Philip, The Role of Law and Legal Institutions in the Asian Economic Development, , pp (1999). Newton Scott, Post-Communist Legal Reform: The Elision of The Political, in Hatchard, John (Ed), Law and Development: Facing Complexity in the 21 st Century, pp (2003) Katsh, M.E. Taking Side, Units 4.2 and 4.6 Solyom, Laszlo. The Hungarian Constitutional Court and Social Change. (Symposium: Constitutionalism in the Post-Cold War Era.) Yale Tournal of International Law, winter 1994, vol 19, no. 1, pp Moustafa, Tamir, The Struggle for Constitutional Power: Law, Politics and Economic Development In Egypt, pp (2007) De Feyer, Koen, World Development Law: Sharing Responsibility to Development, pp (2001) Part VI. Lawyers and Social Change 6/26 National Reports. "The Role of Lawyers in Social Change." Andras Saja (Hungary), Frank Upham (United States), Shen Zongling (China). Case Western Reserve Tournal of International Law, Vol 25, n. 2, spring 1993, pp Dias, Clarence J., and Paul, James C.N. Lawyers in the Third World: Comparative and Developmental Perspectives, pp 11 25,1981 McQuoid-Mason, David, Legal Aid and Development: Lessons from South Africa and Some Thoughts for Nigeria, in Hatchard, John (Ed), Law and Development: Facing Complexity in the 21 st Century, pp (2003)

6 Auerbach, Jerold S. Unequal Tustice: Lawyers and Social Change in Modern America, Chapter 9 Katsh, M.E. Taking Side. Units 2.2 and 2.1. Gleason, Jennifer M., and Johnson, Bern A. Environmental Law Across Borders. Journal of Environmental Law and Litigation, Vol 10, n. 1, pp Final Examination: Last Day of Class 6/28