Empirical Theories About Courts

Classics of Law & Society

Book 25
Quid Pro Books
Free sample

The classic and groundbreaking study of trial courts and other dispute processes — and foundational ways to think about researching them — is now available in a modern digital edition. It is edited by Professors Keith O. Boyum and Lynn Mather, and includes chapters from the leading theorists about courts and their research.

Much cited and relevant today in how it frames the analysis of courts, this book's new republication features an additional Introduction and Afterword by the editors, with updates, and a new Foreword by Christina L. Boyd. As Boyd writes, “For nearly all civil and criminal cases the traditional model of court as a judge-dominated, formal adversary process of adjudication does not hold. What exists instead ... is so variable, complex, and dynamic that a proper study of courts must return to first principles. And that is precisely what an all-star list of interdisciplinary court scholars, many of whom have established storied careers as trial court experts, does so well within the chapters of this book.” She adds: “I find the text to be very contemporary. Empirical Theories About Courts’ design to focus on theory building rather than simply examining discrete datasets or engaging in data mining of a single set of observations is a key factor in the book’s longevity.” 

Quality ebook features includes linked Contents and notes, fully linked and paginated Index, proper formatting, and all of the tables and figures of the original properly presented. Part of the Classics of Law & Society Series from Quid Pro Books.

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About the author

Keith O. Boyum is a retired Associate Vice Chancellor of the California State University system, and Professor of Political Science Emeritus at California State University, Fullerton.  Lynn Mather is SUNY Distinguished Service Professor and Professor of Law and Political Science at SUNY Buffalo Law School. 

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Additional Information

Publisher
Quid Pro Books
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Published on
Nov 17, 2015
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Pages
320
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ISBN
9781610273176
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Language
English
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Genres
Law / Courts
Law / Judicial Power
Law / Research
Political Science / American Government / Judicial Branch
Social Science / Methodology
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Content Protection
This content is DRM protected.
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Available on Android devices
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Eligible for Family Library

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Corporations have legal rights, and so do many other large-scale organizations. But what does it mean to ascribe rights and “personhood” to such entities, and what is the rationale for doing so? These are central questions for an organizational society such as ours, and yet they have received consistently little attention in modern political and legal thought. The surface metaphor of treating corporations as persons with “rights” carries profound consequences — sometimes even reducing individual freedoms in light of the organization’s status. Especially after such recent Supreme Court decisions as Citizens United, this effect is as acute today as when this book was first written. Now in its Second Edition, Rights, Persons, and Organizations remains an essential part of any analysis of organizations and their place in the state, fair dispute processing,  and real people’s rights. The study is penetrating and provocative, and is offered to a new generation reconsidering the place of organizations in complex societies. 

From the First Edition:

“Dan-Cohen addresses an urgent issue — the competence of our legal ideas to handle the social reality of large-scale organizations.... The result is a closely reasoned argument for treating organizations as instruments rather than as persons.... Everyone interested in the modern ‘organizational society’ should be familiar with this lucid and sophisticated work.” 
— Philip Selznick, Professor of Law and Sociology, University of California, Berkeley

“The growing power of organizations is one of the most striking features of our lives. Meir Dan-Cohen, indicting both law and moral philosophy for failing to give bureaucracies their due, has analyzed the gaps this oversight has left in societal arrangements and philosophic orientation. It is an impressive and comprehensive job.”
— Christopher Stone, Roy P. Crocker Professor of Law, University of Southern California

“Dan-Cohen employs the tools of economics, sociology, law, and philosophy to formulate a useful and insightful account of the moral and legal status of organizations. This is a book lawyers, economists, sociologists, and philosophers will certainly learn from, and one they should be anxious to read.” 
— Jules L. Coleman, Professor of Law and Philosophy, Yale University 

Quality digital formatting includes linked footnotes and endnotes, active Contents, figures from original print edition, proper eBook design, and fully-linked and detailed subject-matter Index. Also available in new paperback and hardcover formats from Quid Pro Books. Part of the Classics of Law & Society Series. 

The classic and groundbreaking study of penal slavery throughout the ages is available again. Previously a rare book, despite the fact that it is widely quoted and cited by scholars in the field of sociology, penology, and criminology, this book can now be accessed easily worldwide and be assigned again to classes. Now in its fortieth anniversary edition, Sellin's classic Slavery and the Penal System adds a new Foreword by Barry Krisberg at Berkeley.

This edition also incorporates changes the author originally planned for a second printing, provided to Quid Pro Books by the Library Special Collections at Penn and authorized by his family. Part of the Classics of Law & Society Series from Quid Pro Books, the anniversary edition also includes explanatory Notes of the Series Editor by Steven Alan Childress, senior professor of law at Tulane University. 

A book that has become a standard part of the canon in its field, but over time grew to be too expensive for researchers and libraries to obtain, is now easily downloaded in a well-formatted ebook. Other features include linked Contents and notes, fully linked and paginated Index, and close reading of the text against the original so that its legacy is properly and accurately presented. 

This book traces the direct and indirect influences of the social institution of chattel slavery on the evolution of penal systems and practices in Europe and the United States — a dismal story. The author reveals the darkest and most brutal aspects of penal history and the social forces that resisted or nullified the efforts of reformers who sought to bring about humanization of the punishment. The book shows that domestic punishments inflicted on slaves by masters later become legal punishments for crimes committed by low-class freedmen — eventually to become legal sanctions against offenders regardless of social status. A dominant force is the class and caste structure of society that is reflected in the determination of what conduct should be defined as criminal, who should be punished, and what the punishment should be. Topics include ancient Greece and Rome, the Middle Ages in Europe, galley slaves and naval arsenal prisons in maritime countries, penal creation of public works, the rise of houses of correction, invention of the treadmill, practices in England and Russia, slavery in the antebellum South, and twentieth-century U.S. chain gangs, penal farms, and convict-lease system. 

This groundbreaking study of transitions and control in the California prison system has been extensively read, cited, and quoted in unpublished form—and is finally easily available worldwide. Already a compelling part of the canon of studies in penology, criminology, sociology, and organizational theory, this new edition of STRATEGIES OF CONTROL adds a 2016 foreword by Howard S. Becker and afterword by Jonathan Simon, both contributing substantive and meaningful views of this important work. Considered influential to two generations of scholars worldwide, Messinger's thesis examining prison systems' organization and reform—or in some ways, regression—is said to anticipate Erving Goffman's and Michel Foucault's writings on "total institutions" by many years, and raised themes that only years later would become influential in criminology and sociology. Its new digital edition features quality formatting, active Contents, linked notes and cross-references, and all of the tables and charts of the original study. 

Writing in the new foreword, Becker notes that this book is a "a masterful analysis of a systematically connected group of organizations, seeing them not as separate entities, but as a system whose organizational routines and peculiarities we couldn't understand if we didn't know their external connections as well as their internal workings." Its research methodology was painstaking: "The officials of the new system's components, especially the wardens of the individual prisons, had [many] questions on their minds. You couldn’t answer those questions by observing one of those prisons for a year or two." Not so in the author's decade of research leading up to this work. Indeed, Becker concludes, "Messinger's study provides the blueprint for more accurate and persuasive analyses of large organizations of every kind." 

Simon writes in the new afterword that this book remains "an important contribution to understanding the nature of imprisonment and more broadly to the study of punishment in modern society," providing "a crucial background for rethinking the recent history of prisons and particularly the rise of mass incarceration, which has seen the proliferation of multi-prison systems, extensions of bureaucratic management within prisons, and the abandonment of rehabilitation as a central justification for punishment." Simon adds: "Creating a sociological analysis for such a complex extended network required a break with traditional sociological thinking," and going further in "suggesting another analytic shift from studying the 'prison system' to studying the broad array of agencies and authorities that made up 'the correctional establishment.'" 

Policymakers, practitioners, and scholars who are interested in a better understanding of the relationship between correctional systems, their comprising organizational components, and practices will learn much from this study. It provides a truly original contribution to our sociological understanding of how formal organizations comprising a correctional system evolve and operate through a series of relationships ultimately producing control of the system itself, its prisons, and its inmates. Given the current focus on evidence-based justice, Messinger's documentation and unique interpretation of the organizational dynamics, interconnections, and dependencies within correctional systems are clearly relevant and crucial to the successful implementation of such “translational criminology” reforms.
— Thomas G. Blomberg
Dean and Sheldon L. Messinger Professor of Criminology
College of Criminology and Criminal Justice
Florida State University
Author, Advancing Criminology 

Part of the Classics of Law & Society Series from Quid Pro Books, this foundational book is at last available to a general audience, researchers, and students in eBook form. Also available in new paperback and hardcover editions (2016). 

First published in 1985, this classic of law and society scholarship continues to shape the research agenda of today’s sociology of punishment. It is now republished with a new Preface by the author.

Punishment and Welfare explores the relation of punishment to politics, the historical formation and development of criminology, and the way in which penal reform grew out of the complex set of political projects that founded the modern welfare state. Its analyses powerfully illuminate many of the central problems of contemporary penal and welfare policy, showing how these problems grew out of political struggles and theoretical debates that occurred in the first years of the 20th century.

In conducting this investigation, David Garland developed a method of research which combines detailed historical and textual analysis with a broader sociological vision, thereby synthesizing two forms of analysis that are more often developed in isolation. The resulting genealogy will interest everyone who works in this field.

“… a brilliant book … the main arguments of Punishment and Welfare are undoubtedly some of the most tenacious and exciting to emerge from the field of criminology in many years.”
— Piers Bierne, Contemporary Sociology

“… one of the most important pieces of work ever to emerge in British criminology. It is a study of depth, subtlety and complexity … Garland’s integration of close historical details with a broader sociological vision provides a model methodology….”
— Stan Cohen, British Journal of Criminology

“This study shows how early 20th-century penal policy was a function of the nation’s social welfare practices. Garland’s theory is as applicable to the 21st century as it is to that earlier era: A tour de force.”
— Malcolm Feeley, University of California–Berkeley

The classic political and legal study of how the early years of formation of the European Union relied on consensus and legal processes — but not an analogy to federalization as in U.S. Constitutional law — to evolve integration and respect for higher authority than national law. Rather he found the truer path to political integration through regional decision-making, and in a concept of "law" that is more flexible and openly political than constitutional scholars would concede. The study remains an important glimpse of the processes and institutions of law and politics that lead to greater political unity. Law and lawyers were involved in these early steps in European integration, as shown by political activity and research more than by the customary analysis of doctrine. 

Part of the Classics of Law & Society Series of Quid Pro Books, this book is recognized as a fundamental contribution to the developing conceptualization of the E.U. through law and politics. It was originally published in the Occasional Papers Series of the Harvard University Center for International Affairs. It is introduced and explained in its 2011 edition by E.U. expert Jörg Fedtke, a senior law professor at Tulane University. More recent studies confirm this line of inquiry, writes Fedtke, and “show just how topical the core ideas of THE LAW IN POLITICAL INTEGRATION remain today.”

Quality digital edition includes linked notes and active Contents, legible tables from the print edition, and proper ebook formatting.

Corporations have legal rights, and so do many other large-scale organizations. But what does it mean to ascribe rights and “personhood” to such entities, and what is the rationale for doing so? These are central questions for an organizational society such as ours, and yet they have received consistently little attention in modern political and legal thought. The surface metaphor of treating corporations as persons with “rights” carries profound consequences — sometimes even reducing individual freedoms in light of the organization’s status. Especially after such recent Supreme Court decisions as Citizens United, this effect is as acute today as when this book was first written. Now in its Second Edition, Rights, Persons, and Organizations remains an essential part of any analysis of organizations and their place in the state, fair dispute processing,  and real people’s rights. The study is penetrating and provocative, and is offered to a new generation reconsidering the place of organizations in complex societies. 

From the First Edition:

“Dan-Cohen addresses an urgent issue — the competence of our legal ideas to handle the social reality of large-scale organizations.... The result is a closely reasoned argument for treating organizations as instruments rather than as persons.... Everyone interested in the modern ‘organizational society’ should be familiar with this lucid and sophisticated work.” 
— Philip Selznick, Professor of Law and Sociology, University of California, Berkeley

“The growing power of organizations is one of the most striking features of our lives. Meir Dan-Cohen, indicting both law and moral philosophy for failing to give bureaucracies their due, has analyzed the gaps this oversight has left in societal arrangements and philosophic orientation. It is an impressive and comprehensive job.”
— Christopher Stone, Roy P. Crocker Professor of Law, University of Southern California

“Dan-Cohen employs the tools of economics, sociology, law, and philosophy to formulate a useful and insightful account of the moral and legal status of organizations. This is a book lawyers, economists, sociologists, and philosophers will certainly learn from, and one they should be anxious to read.” 
— Jules L. Coleman, Professor of Law and Philosophy, Yale University 

Quality digital formatting includes linked footnotes and endnotes, active Contents, figures from original print edition, proper eBook design, and fully-linked and detailed subject-matter Index. Also available in new paperback and hardcover formats from Quid Pro Books. Part of the Classics of Law & Society Series. 

The classic and groundbreaking study of penal slavery throughout the ages is available again. Previously a rare book, despite the fact that it is widely quoted and cited by scholars in the field of sociology, penology, and criminology, this book can now be accessed easily worldwide and be assigned again to classes. Now in its fortieth anniversary edition, Sellin's classic Slavery and the Penal System adds a new Foreword by Barry Krisberg at Berkeley.

This edition also incorporates changes the author originally planned for a second printing, provided to Quid Pro Books by the Library Special Collections at Penn and authorized by his family. Part of the Classics of Law & Society Series from Quid Pro Books, the anniversary edition also includes explanatory Notes of the Series Editor by Steven Alan Childress, senior professor of law at Tulane University. 

A book that has become a standard part of the canon in its field, but over time grew to be too expensive for researchers and libraries to obtain, is now easily downloaded in a well-formatted ebook. Other features include linked Contents and notes, fully linked and paginated Index, and close reading of the text against the original so that its legacy is properly and accurately presented. 

This book traces the direct and indirect influences of the social institution of chattel slavery on the evolution of penal systems and practices in Europe and the United States — a dismal story. The author reveals the darkest and most brutal aspects of penal history and the social forces that resisted or nullified the efforts of reformers who sought to bring about humanization of the punishment. The book shows that domestic punishments inflicted on slaves by masters later become legal punishments for crimes committed by low-class freedmen — eventually to become legal sanctions against offenders regardless of social status. A dominant force is the class and caste structure of society that is reflected in the determination of what conduct should be defined as criminal, who should be punished, and what the punishment should be. Topics include ancient Greece and Rome, the Middle Ages in Europe, galley slaves and naval arsenal prisons in maritime countries, penal creation of public works, the rise of houses of correction, invention of the treadmill, practices in England and Russia, slavery in the antebellum South, and twentieth-century U.S. chain gangs, penal farms, and convict-lease system. 

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