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Law and Social Change 2nd Edition Sharyn L. Roach
Anleu Digital Instant Download
Author(s): Sharyn L. Roach Anleu
ISBN(s): 9781412945592, 1412945593
Edition: 2
File Details: PDF, 11.57 MB
Year: 2010
Language: english
 ‘This second edition of an influential and insightful book maintains its originality... it is
greatly enhanced by the inclusion of recent debates, including globalisation, IT, surveillance,
the war on terror and the ways in which the law increasingly pervades into every aspect
of civil and social life in advanced societies. The charm of the text is its accessibility
which is not detrimental to its academic importance, making a scholarly contribution to
the socio-legal field’
Diane Lister, Faculty of Social Sciences, University of Tromsø, Norway

Praise for the First Edition:

‘Undoubtedly succeeds as a text… Its value rests on its ability to integrate an accessible
style with numerous examples from varied jurisdictions which students from both the
legal and sociological disciplines will benefit enormously. Accordingly, this book comes
highly recommended’
International Journal of the Sociology of Law 2e second edition
This is a timely new edition of Sharyn L Roach Anleu’s invaluable introduction to the sociology
of law and its role as a social institution and social process. Discussing current theory and

Law and Social Change

Sharyn L Roach Anleu
key empirical research from a diverse range of perspectives Law and Social Change gives
relevant examples, from various cultures and societies, to provide a sociological view which
goes beyond more jurisprudential approaches to law and society.
The book:
• provides coverage of major classic and contemporary social theories of law
• is informed by empirical research drawn from several countries/societies
• includes up to date and relevant examples
Law and
This thoroughly updated edition engages with modern scholarship, and recent research, on
globalization whilst also looking at related issues such as the internationalization of law
and human rights.
It explores recent reforms at local and national levels, including issues of migration
and refugees, the regulation of ‘anti-social’ behaviour, and specialist or problem solving
Social Change
courts and also provides a clear, accessible introduction to research methods used in the

Sharyn L Roach Anleu

socio-legal field.
Direct and wide-ranging this text will be essential reading for students and researchers
on social science and law courses and in particular, those taking sociology, legal theory,
criminology and criminal justice studies.

Sharyn L Roach Anleu is Professor of Sociology at Flinders University, Australia.

ISBN: 978-1-4129-4560-8

Cover design by Lisa Harper

9 781412 945608

anleu_law&social_aw.indd 1 6/10/09 16:17:08

Anleu-3897-Prelims:Anleu-Prelims.qxp 26/08/2009 4:57 PM Page i

Law and Social

Change
Anleu-3897-Prelims:Anleu-Prelims.qxp 26/08/2009 4:57 PM Page ii
Anleu-3897-Prelims:Anleu-Prelims.qxp 26/08/2009 4:57 PM Page iii

Law and Social

Change
2nd edition

Sharyn L. Roach Anleu

Anleu-3897-Prelims:Anleu-Prelims.qxp 26/08/2009 7:10 PM Page iv

© Sharyn L. Roach Anleu 2000, 2010

First published 2000

Reprinted 2001, 2002, 2003, 2005, 2006, 2008

Second edition published 2010

Apart from any fair dealing for the purposes of research or private
study, or criticism or review, as permitted under the Copyright,
Designs and Patents Act, 1988, this publication may be reproduced,
stored or transmitted in any form, or by any means, only with the prior
permission in writing of the publishers, or in the case of reprographic
reproduction, in accordance with the terms of licences issued by the
Copyright Licensing Agency. Enquiries concerning reproduction
outside those terms should be sent to the publishers.

SAGE Publications Ltd

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Library of Congress Control Number: 2009922683

British Library Cataloguing in Publication data

A catalogue record for this book is available from the British Library

ISBN 978-1-4129-4559-2
ISBN 978-1-4129-4560-8 (pbk)

Typeset by C&M Digitals (P) Ltd, Chennai, India

Printed by CPI Antony Rowe, Chippenham, Wiltshire
Printed on paper from sustainable resources
Anleu-3897-Prelims:Anleu-Prelims.qxp 26/08/2009 4:57 PM Page v

Contents

Preface to first edition vi

Preface to second edition ix
List of figures x

1 Introduction: the meanings of law 1

2 Law in classical social theory 14

3 Contemporary social theory and law 40

4 The legal profession 82

5 Dispute resolution 115

6 Social control 148

7 Feminism and legal reform 183

8 Rights and citizenship 211

9 Conclusion 243

References 253
Cases cited 289
Index 291
Anleu-3897-Prelims:Anleu-Prelims.qxp 26/08/2009 4:57 PM Page vi

Preface to First
Edition

This book grew from a dual interest in the interface between sociology and law and
in the apparent increasing reliance on law as a route for social change. Until very
recently the sociology of law was not an established subdiscipline; sociology was
conscious of the law as a social institution and law was conscious of the social condi-
tions in which it operated, but there was relatively little interaction between the two
disciplines. This has changed. There is now a vast sociological literature on legal
institutions, especially those in industrialized western nations, greater consideration
of the relationships between law and non-legal forms of social control and dispute
processing, and increasing discussion of the role of law and legal discourse in every-
day life.
There is an enormous amount of attention being given to law – both as legisla-
tion and as judicial decisions – as a source of social change. Litigation and lobbying
for legislative change are strategies that social movements adopt across the full polit-
ical spectrum. Governments also rely on legislation to implement various social
welfare programmes and, more recently, international laws are an important aspect
of the constitution of the international community and the possibilities of global
governance or regulation. In the wake of a reliance on law to further desired social
transformations, there is widespread disillusionment regarding the persistence of
inequalities and the resistance of social institutions and actors to changed legal
environments. Many therefore would suggest that law is an ineffective source of
social change and does not readily translate into altered social practices. However,
the effects of new legislation or new judicial interpretations of social life are diffi-
cult to evaluate precisely, and it is rather naive to expect that legal change will
directly and simplistically translate into the expected social changes. The expecta-
tion that law will have anticipated results belies positivistic reasoning, that is, that
one set of changes in the law directly causes the anticipated change.
This book provides a sociological examination of law, surveys current theoretical
debates and examines socio-legal research. It goes beyond a discussion of contem-
porary legal institutions to include a consideration of the relationships between law
and other aspects of social life. The focus is on broad and general patterns grounded
in specific examples. Overwhelmingly, examples are taken from the common-law
legal systems, but there is also considerable attention paid to comparing the legal
systems of Europe and Asia. There is also some coverage of current discussions of
globalization and the role of law in an international context.
Anleu-3897-Prelims:Anleu-Prelims.qxp 26/08/2009 4:57 PM Page vii

Preface to First Edition

Chapter 1 examines the idea of law and introduces some legal concepts. In
discussing the interface between sociology and law, it provides a brief overview of
legal theories, including positivism, legal realism and natural law. Chapter 2 inves-
tigates the `classical' sociological theorists – Durkheim, Weber and Marx – and
their analyses of the interconnections between social and economic transformations
and the nature of law, legal thought and legal relations. This theoretical legacy has
influenced diverse contemporary theories of law. Chapter 3 examines contemporary
debates in theories of law, including systems theory, juridification, law and disci-
pline, critical legal theory, feminist legal theory, and legal pluralism.
Chapter 4, the first of the substantive chapters, examines the legal profession. It
addresses the concept of profession, then examines the nature of legal work and
discusses changes to the legal profession that have occurred over the past three
decades across a number of different societies. Chapter 5 deals with the social
practices involved in the emergence, identification and processing of disputes,
which can include adjudication, mediation, conciliation and negotiation. It
examines the alternative dispute-resolution movement and assesses its role and
functions within the legal/justice system, specifically the relationships between
different forums for resolving disputes and the social conditions under which
certain kinds of dispute settlement emerge. Social control, a concept that has a long
history within sociology, is the topic of Chapter 6, which focuses on the connec-
tions between legal and nonlegal control. This chapter looks at the criminal trial,
including what happens in the shadow of the courtroom, for example negotiations
between lawyers and plea bargaining. The chapter also discusses the role of the
judge, sentencing, the aims of punishment and the role of victims in the criminal
justice process, and finally explores new developments in crime management and
prevention.
The next two chapters address some specific and very contemporary issues.
Chapter 7 looks at feminism and legal reform and investigates the ways in which
legal mobilization is one strategy that social movements, here women's movements,
pursue as a route for social change in the areas of employment and sex discrimina-
tion, rape and domestic violence, pornography and reproductive issues. The central
argument is that it is naive to expect that simply reforming statutes will directly
transform discriminatory social practices and enduring attitudes towards women.
Viewing law as a complex of diverse and often contradictory legislation, judicial
decisions and administration, it is not surprising that advances in one area may be
thwarted by legal and other impediments in a different area. Chapter 8 examines
the significance of law in contemporary discussions of rights and citizenship. In this
context, there is debate about the efficacy of the nation state and its capacity (or
willingness) to accord rights and social justice to many of its citizens. The chapter
examines new discussions of human rights, globalization and the rise of international
law. It also addresses the phenomenon of war crimes trials, both regarding the post-
World War II cases as well as those being pursued more recently in special tribunals.
It also investigates the role of law in the transformation of eastern Europe following
the demise of the Soviet political and economic regimes. Finally, Chapter 9 – the

vii
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Law and Social Change

conclusion – provides an overview of the central arguments and ties together the
underlying themes of the book.
There are numerous people to thank regarding the emergence and development
of this book. They have been very helpful in establishing its direction and form.
First, I am extremely grateful to Professor Malcolm Waters for discussions with me
about this project in its early stages. Malcolm has been central in encouraging and
maintaining my sociological imagination and this l appreciate. Secondly, I wish to
record my great appreciation to Kathy Mack for extending my interest in and
knowledge about the operation of the criminal justice process. Thirdly, I appreci-
ate the very reliable and competent research assistance provided to me by Elizabeth
Birkett, Margaret Cameron and Megan Morgan. A special thanks goes to Megan
for her helpful editorial assistance, checking of the bibliography and preparation of
the index. I would also like to thank Flinders University for financial assistance and
its Faculty of Social Sciences for secretarial support, especially to Anne Kelly for the
final typing of the bibliography. I extend great appreciation to Gillian Stern for her
encouragement of this project, her extremely professional approach and patience
regarding the deadline. I also appreciate the astute and very helpful comments made
by the reviewer of the manuscript. My thanks also to Miranda Nunhofer, Seth
Edwards and others at Sage for their assistance and input throughout the produc-
tion process. Ultimately, I am indebted to Oliver, Tristan, Lucinda and Edmer for
their help, which assumed various forms.

viii
Anleu-3897-Prelims:Anleu-Prelims.qxp 26/08/2009 4:57 PM Page ix

Preface to Second
Edition

It is ten years ago now, almost to the very day, that I was putting the finishing touches
to Law and Social Change. One decade on I am now completing the second edition.
Much has changed in that time span. There have been significant and momentous
events in terms of politics, financial markets, labour markets, migration, wars, and
terrorism, all with international and local reverberations. Perhaps, the biggest set of
changes for discussions of social change and law has been the vast scholarship –
theoretical development and empirical investigation – on the topic of globalization.
The second edition accordingly spends more time discussing social change through
the conceptual lens of globalization. Moreover, information about some of these
changes has become more accessible (i.e. for those with access to computers and the
internet) on web pages; so URLs have been a much more important resource in
writing the second edition. The format of the book parallels the first edition and
retains the same chapters with various degrees of change, revision and updating.
Any book is the product of many more contributors than the author. This
edition has benefited from the suggestions, insights and fresh perspectives of the
four anonymous reviewers who I am unable to thank by name.
I would like to thank Rose Williams for her expertise with the bibliography, final
formatting and index, and Carolyn Corkindale for her expert research assistance and
capacity to track down articles not readily available to me. I also thank Edmer Anleu and
Patricia Roach for carefully reading the final draft and detecting those errors I could no
longer see. Countless sociology of law students in the Department of Sociology at
Flinders University helped me hone ideas and think about interesting and useful issues
in the teaching and learning context. During a period at the International Institute
for the Sociology of Law (Oñati, Spain), in 2008, I was able to see the final version of
the second edition emerging, and I thank Carlos Lista, Susana Arrese Murguzur and the
other staff for their assistance during that period. I acknowledge the Faculty of Social
Sciences (Flinders University) for a grant to complete the research, writing and
manuscript preparation. I appreciate the patience and advice of Jai Seaman, Chris Rojek
and Mila Steele at SAGE and the efforts of Imogen Roome in the production phase. I
wish to thank Kathy Mack for helping me create the space to effectively complete this
project and appreciate the efforts of Oliver, Tristan and Lucinda, whose assistance, as
before, assumed various forms.

Bridport, Tasmania
January 2009
Other documents randomly have
different content
 Ethics - Student Handbook
Third 2021 - College

Prepared by: Assistant Prof. Smith

Date: August 12, 2025

Methodology 1: Historical development and evolution

Learning Objective 1: Ethical considerations and implications
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Learning Objective 2: Current trends and future directions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 2: Diagram/Chart/Graph]
Learning Objective 3: Comparative analysis and synthesis
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Learning Objective 4: Historical development and evolution
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 4: Diagram/Chart/Graph]
Learning Objective 5: Critical analysis and evaluation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Interdisciplinary approaches
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Example 6: Key terms and definitions
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 7: Diagram/Chart/Graph]
Key Concept: Learning outcomes and objectives
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Practical applications and examples
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Critical analysis and evaluation
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Exercise 2: Research findings and conclusions
Remember: Ethical considerations and implications
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 11: Diagram/Chart/Graph]
Remember: Case studies and real-world applications
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Historical development and evolution
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Problem-solving strategies and techniques
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Critical analysis and evaluation
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Practical applications and examples
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Learning outcomes and objectives
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 17: Diagram/Chart/Graph]
Example 17: Fundamental concepts and principles
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Literature review and discussion
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 19: Diagram/Chart/Graph]
Definition: Theoretical framework and methodology
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 20: Diagram/Chart/Graph]
Background 3: Critical analysis and evaluation
Example 20: Historical development and evolution
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Statistical analysis and interpretation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Interdisciplinary approaches
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 23: Diagram/Chart/Graph]
Important: Key terms and definitions
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 24: Diagram/Chart/Graph]
Remember: Problem-solving strategies and techniques
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 25: Diagram/Chart/Graph]
Remember: Fundamental concepts and principles
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Assessment criteria and rubrics
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Comparative analysis and synthesis
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Experimental procedures and results
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Critical analysis and evaluation
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Abstract 4: Best practices and recommendations
Example 30: Experimental procedures and results
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 31: Diagram/Chart/Graph]
Note: Experimental procedures and results
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Study tips and learning strategies
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Study tips and learning strategies
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Research findings and conclusions
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Definition: Interdisciplinary approaches
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Fundamental concepts and principles
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 37: Learning outcomes and objectives
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Case studies and real-world applications
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 39: Best practices and recommendations
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Part 5: Historical development and evolution
Remember: Interdisciplinary approaches
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Assessment criteria and rubrics
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 42: Diagram/Chart/Graph]
Remember: Case studies and real-world applications
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 43: Critical analysis and evaluation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Case studies and real-world applications
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 45: Diagram/Chart/Graph]
Remember: Current trends and future directions
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Assessment criteria and rubrics
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 47: Statistical analysis and interpretation
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Interdisciplinary approaches
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 49: Problem-solving strategies and techniques
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Topic 6: Key terms and definitions
Note: Ethical considerations and implications
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Practical applications and examples
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Practice Problem 52: Assessment criteria and rubrics
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Comparative analysis and synthesis
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Assessment criteria and rubrics
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Theoretical framework and methodology
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 56: Theoretical framework and methodology
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Critical analysis and evaluation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Interdisciplinary approaches
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Current trends and future directions
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
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