Readings in Law and Society, 8e

Jane Banfield, with Dorathy Moore   (Eds.)

Captus Press, ISBN 978-1-896691-77-0 (1999)
434 pages, 1000 g, 8.5 X 11, $49.50 (US$39.50)

Readings in Law and Society's collection of carefully edited articles, court decisions, and government documents takes an interdisciplinary approach, providing a critical perspective of law and legal institutions. Through a conceptualization of social science theories, the role and function of law and its current issues are analysed. Recently expanded, new material deals with dispute resolution, judicial appointment and discretion, Ontario's environmental bill of rights, spouse and child abuse, and human rights. This book is written at an introductory level and requires no background knowledge. The inclusion of footnotes and references provides students with valuable citations for essays and further research. The book may thus be used as a reference for other courses.

As a course text or used in conjunction with a structured introductory law text, Readings in Law and Society is a valuable resource for university and college students pursing a liberal arts or social science program, or for a professional discipline in which an understanding of the legal basis of society would be an asset.

Table of Contents   top


SECTION 1: Definitions of Law and Its Function: Social Science Theories

  • What We Talk About When We Talk About Law Richard L. Abel
  • Introductory Note - Defining "Law" Alex Wellington and Allan Greenbaum
  • Introductory Note - Theories of Law and Society Allan Greenbaum and Alex Wellington
  • Natural Law Theory Jeffrie G. Murphy and Jules L. Coleman
  • Legal Positivism Jeffrie G. Murphy and Jules L. Coleman
  • Legal Realism Jeffrie G. Murphy and Jules L. Coleman
  • What Is Law? Edward Adamson Hoebel
  • The Differing Realms of The Law Paul Bohannan
  • Law as an Index of Social Solidarity Emile Durkheim
  • Max Weber Anthony T. Kronman
  • On Liberty John Stuart Mill
  • Three Free Speech Theories Eric Barendt
  • The Marxist Approach Elizabeth Comack
  • The Feminist Frameworks Elizabeth Comack
  • The Sex of Law Frances Olsen
  • Law as a Way of Resolving Conflicts Vilhelm Aubert
  • The Alternative Law of Alternative Dispute Resolution Gordon R. Woodman
  • How Law Matters in Disputing and Dispute Processing (Or, the Contingency of Legal Matter in Informal Dispute Processes) Lauren B. Edelman and Mia Cahill

SECTION 2: The Legal System and Governance in Canada

  • The Canadian Political System Richard J. Van Loon and Michael S. Whittington
  • Distribution of Legislative Powers Canada
  • Canadian Charter of Rights and Freedoms Canada
  • Regina v. Oakes Supreme Court of Canada
  • Andrews v. Law Society of British Columbia Supreme Court of Canada
  • Common Law and Statutory Law Henry J. Abraham
  • The Courts Peter McCormick and Ian Greene
  • Simplified Overview of Ontario's Court Structure, May, 1999 Ontario
  • The Supreme Court of Canada Peter H. Russell
  • Judicial Decision-Making in General Bertha Wilson
  • Judicial Decision-Making after the Charter Bertha Wilson
  • Rules and Discretion in the Governance of Canada Beverly M. McLachlin
  • Judicial Review and Democracy Janet L. Hiebert
  • Methods of Appointment and Pluralism Bertha Wilson

SECTION 3: Capital, Law and Property

  • Capitalism from a Distance Robert Heilbroner
  • The Limits of Economic Analysis Ted F. Schrecker
  • The Nature and Function of Property as a Social Institution A. Irving Hallowell
  • The Nuts, the Bolts and the Rest of the Machinery: A Guide to Ontario's Environmental Bill of Rights Environmental Commissioner of Ontario
  • The Role of the Environmental Commissioner of Ontario (ECO) Environmental Commissioner of Ontario
  • Canadian Immigration Law and Policy: A Study in Politics, Demographics and Economics Ronald G. Atkey
  • Labour Law and Industrial Relations in Canada Harry W. Arthurs, Donald D. Carter, Judy Fudge, Harry J. Glasbeek and Gilles Trudeau
  • Defining Equality in Employment Rosalie Silberman Abella
  • Affirmative Action: Taking Equality Seriously Bruce Feldthusen

SECTION 4: State and Family

  • Spousal Abuse, Children and the Courts: The Case for Social Rather Than Legal Change Linda Neilson
  • Children's Rights: A Framework for Analysis Michael S. Wald
  • Sexual Abuse and the Rights of Children Terrence Sullivan
  • Equality Rights and Sexual Orientation: Confronting Heterosexual Family Privilege Bruce Ryder
  • Reflections on Reproductive Rights in Canada Christine Overall
  • Some Minimal Principles Concerning the New Reproductive Technologies Margrit Eichler
  • Dr. Henry Morgentaler et al. v. Her Majesty The Queen and The Attorney General of Canada (Supreme Court of Canada)

SECTION 5: Equality, Social Justice and Freedom

  • What Are Human Rights? Maurice Cranston
  • Social versus Political Rights C. Michael MacMillan
  • Towards Equality Bryan S. Turner
  • Equality and the Liberal Form of Rights Joel Bakan
  • Women, Property and Rape Lorenne M.G. Clark and Debra J. Lewis
  • The Impact of Battered Woman Syndrome Testimony on Jury Decision Making: Lavallee v. R. Considered Regina A. Schuller
  • Songs for the People: Teachings on the Natural Way Art Solomon
  • Aboriginal Peoples and the Canadian Charter of Rights and Freedoms: Contradictions and Challenges Mary Ellen Turpel
  • Tribal Philosophies and the Canadian Charter of Rights and Freedoms Menno Boldt and J. Anthony Long
  • Historical and Cultural Perspective Jonathan Rudin
  • The Community Council Project Aboriginal Legal Services of Toronto

SECTION 6: Criminal Law

  • Justifying Legal Punishment Igor Primoratz
  • Our Criminal Law Law Reform Commission of Canada
  • Conflicts as Property Nils Christie
  • The Prison Dilemma Mervyn Davis

APPENDIX: Notes And References

  • Section One
  • Section Two
  • Section Three
  • Section Four
  • Section Five
  • Section Six

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About the Author   top

Jane Banfield founded the Law and Society programme in the Faculty of Arts, York University, Toronto, and has been director for many years. She has a law degree from the University of British Columbia and a doctorate in political science from the London School of Economics and Political Science. She has been active in American and Canadian organizations concerned with law and society interdisciplinary teaching and courses. She has been editor of Readings in Law and Society since 1988.