Consequences: The Impact of Law and Its Complexity

Description

Canada and the United States increasingly rely on law to grapple with complex societal issues. What is the impact of this growing dependence on law and legal systems? W.A. Bogart offers a timely and erudite investigation of the impact of law on societies, and how this excessive reliance on law, particularly litigation, has generated difficulties in achieving consensus regarding issues of domestic policy. Focussing mainly on the United States as the center for post World War II legal culture, the book takes into consideration other western countries, and allows the reader a comparison of legal systems. Consequences begins by documenting the growth of law and the reasons for its enhanced influence; the book then discusses the complex meanings of impact and the substantial difficulties in gauging outcomes produced by law. Bogart illustrates his discussion with five case studies, documenting law's complex ties to economics, education, and political issues, and asserts that positive outcomes have occurred despite litigation's disappointing record. Consequences is a timely, important and interdisciplinary contribution to the study of law and sociology, and will make a substantial addition to the studies of law and society. CONTENTS ACKNOWLEDGMENTS Introduction PART I: THE IMPORTANCE OF LAW 1. So Decried, So Demanded The Growth of Law Why a Turning to Law? Conclusions PART II: THE IMPACT OF LAW 2. Compliance with Law – Deterrence and Its Alternatives Achieving Compliance? Compliance and Legitimacy Conclusions 3. The Complexities of Assessing Impact What, If Anything, Is the Problem? The Quandary of 'Impartial' Perspective The Difficulties of Assessing a Particular Law Surprise – Unintended Consequences Conclusions 4. Six Ideas about the Impact of Law – America the Outlier 1. Instrumentalism 2. Law Acting in Concert with Social and Political Forces 3. Law (Re)Constituting Social and Political Relationships 4. The Ineffectiveness of Law 5. National Styles of Regulation – 'American Exceptionalism' I 6. The Impact of Litigation Regarding Social Change – 'American Exceptionalism' II Conclusions PART III: THE COMPLEXITY OF LAW'S IMPACT – SOME EXAMPLES 5. Punishment – and Capital Punishment Deterrence and Crime America and Punishment 'Le signe spécial et éternel de la barbarie' Conclusions 6. Smoking – and Waves of Cultural Antagonism The Perils of Nicotine – Public Attitudes and Behaviour Law and the Curtailment of Smoking The Law, Attitudes – and Impact Conclusions 7. The Environment – Sunshine or Apocalypse? The Rise of Environmentalism and the Growth of Law Sunshine or Apocalypse?: Accounts of Environmentalism The Impact of Environmental Laws Conclusions 8. Pornography – Fractured Protests, Harms(?), and Unstoppable Technology Theoretical Approaches to Pornography Does Pornography Harm? Canada Experiments The Limits of the Law?: Pornography and the Internet Conclusions 9. Discrimination, the Law – and Blacks in America The Pervasiveness of Disparity – The Presence of Discrimination? Normative Debates Regarding Laws against Discrimination Assessing the Impact Conclusions PART IV: CONCLUSIONS 10. Conclusions: The Consequences of Law, the Limits of Litigation, the Need for Pragmatism NOTES INDEX A B C D E F G H I J K L M N O P R S T U V W