Module 3
I. Reading Content
Galanter's Why the "Haves" Come Out Ahead:
This reading talks about the overall assumptions about society and the legal system. We live in a society in which actors with different amounts of wealth and power are constantly competing to climb the hierarchal ladder. There are several levels of agencies, with higher agencies making and interpreting the rules and lower agenices enforcing and implementing them. This represents a hierarchal order in which not all rules are implemented and enforced at the different levels. The law allows for repeat players in the justice system to have more influence, power, and control in the shaping of law. Therefore, a neutral system does not exist because the "haves" are inclined to an advantage over the "have nots".
Taub and Scheider's Women's Subordination and The Role of Law:
Women since the beginning of time have been denied the basic rights of citizenship, acess to power, dignity, and respect. Hierarchy has been replicated through law and the justice system by furthuring male dominance by excluding women since the beginning of time from the public sphere and limiting them to the private sphere of being homemakers. Classic examples of this discrimination can be traced back to 1977 when the Supreme Court found it legal to deny women jobs as guards in maximum-security prisons on the ground that the very presence of women woul prompt sexual assaults. The Court ignored the fact that all gaurds are subject to assult by virtue of being guards and that prison relies on the threat of future sanctions to maintain order. This article overall stresses that fact that law has operated directly and explicitly to prevent women from attaining self-support and influence in teh public sphere, thereby reinforcing their dependence on men. Another classic example of how sexual discrimination has been portrayed as hierarchical is through the anti-abortion movement, in which the article stated that one important reason the AMA succeeded in its antiabortion efforts was its ability to persuade male political leaders that "abortion constituted a threat to social order and to male authority."
Heinz and Laumann's The Legal Profession:
This article in short describes how the legal profession manifests clients interests. It is concluded that bar associations, law schools, and court agencies appear to accomplish little social integration of the profession. The justice system is structured to determine largely by the impact of client interests.
Galanter's Why the "Haves" Come Out Ahead:
This reading talks about the overall assumptions about society and the legal system. We live in a society in which actors with different amounts of wealth and power are constantly competing to climb the hierarchal ladder. There are several levels of agencies, with higher agencies making and interpreting the rules and lower agenices enforcing and implementing them. This represents a hierarchal order in which not all rules are implemented and enforced at the different levels. The law allows for repeat players in the justice system to have more influence, power, and control in the shaping of law. Therefore, a neutral system does not exist because the "haves" are inclined to an advantage over the "have nots".
Taub and Scheider's Women's Subordination and The Role of Law:
Women since the beginning of time have been denied the basic rights of citizenship, acess to power, dignity, and respect. Hierarchy has been replicated through law and the justice system by furthuring male dominance by excluding women since the beginning of time from the public sphere and limiting them to the private sphere of being homemakers. Classic examples of this discrimination can be traced back to 1977 when the Supreme Court found it legal to deny women jobs as guards in maximum-security prisons on the ground that the very presence of women woul prompt sexual assaults. The Court ignored the fact that all gaurds are subject to assult by virtue of being guards and that prison relies on the threat of future sanctions to maintain order. This article overall stresses that fact that law has operated directly and explicitly to prevent women from attaining self-support and influence in teh public sphere, thereby reinforcing their dependence on men. Another classic example of how sexual discrimination has been portrayed as hierarchical is through the anti-abortion movement, in which the article stated that one important reason the AMA succeeded in its antiabortion efforts was its ability to persuade male political leaders that "abortion constituted a threat to social order and to male authority."
Heinz and Laumann's The Legal Profession:
This article in short describes how the legal profession manifests clients interests. It is concluded that bar associations, law schools, and court agencies appear to accomplish little social integration of the profession. The justice system is structured to determine largely by the impact of client interests.
