1. LS308: Law and Society Unit 1 Seminar Course Logistics Unit 1 Review Introduction

2. Confidential & Proprietary Internal Kaplan Use Only. Unit 1: The Social Nature and Significance of Law From birth to death and beyond, the law is a constant companion. Laws regulate things as diverse as the flow of traffic, the ownership of property, and the ingredients in our food. While some suggest that law has assumed too prominent a role in our society, others argue that the law continues to provide a reasonable means to resolve disputes. We will examine the interaction of law with various social institutions and look at how law functions as a tool for dispute processing and social control. Finally, we will examine the potential and reality of law as a tool for change. 2

3. Confidential & Proprietary Internal Kaplan Use Only. Course Logistics Weekly seminar format Alternate seminar assignment Review the syllabus To contact the professor: AOL instant messenger - E-mail: ibkreisler@kaplan.eduibkreisler@kaplan.edu (607) 358 - 7131 3

4. Confidential & Proprietary Internal Kaplan Use Only. Seminars Seminars in this class are moderated. This means that your comments will not be made visible to the class until the Instructor releases them. Arrive to the Seminar on time, and stay for the entire time. (If you have another class at 10 pm EST, you may leave the Seminar at 9:55 pm without penalty.) Please do not announce you are leaving. If you come late, please do not announce your arrival. Quietly come in join in the conversation where it is at. If you have questions that do not pertain to the topic being discussed, save them for the instructor’s office hours, or email them to the instructor. I will try to address questions throughout the Seminar, but only on-topic questions. If you do not attend the Seminar, are more than fifteen minutes late to the Seminar, or leave more than fifteen minutes early, you should complete the alternative Seminar assignment in order to receive full credit for the Unit. The alternate assignment is a two- to three-page written summary of the Seminar archive. You may e-mail this to me. There is no drop-box for the alternative assignment. 4

5. Confidential & Proprietary Internal Kaplan Use Only. Barken, Chapter One The Significance of Law for Society and for Ourselves -The Social Functions of Law -The Dysfunctions of Law The Study of Law and Society -Traditional and Social Science Views of Law -Assumptions in the Study of Law and Society -What Does Law and Society Study? Law and Justice -The Case for the Speluncean Explorers -Law and Logic in Tumultuous Times 5

6. Confidential & Proprietary Internal Kaplan Use Only. Barken, Chapter One Law is to be understood as a social phenomenon that is a very significant part of society and our personal lives. Several legal matters that have made headlines in recent years are introduced to illustrate this understanding. Law is an intrinsic part of society and how our society works can only be understood if the role law plays is taken carefully into account. Law does not merely refer to rules and regulations, but also to a social institution that serves important functions for society. However, there are also dysfunctions of law. 6

7. Confidential & Proprietary Internal Kaplan Use Only. Barken, Chapter One Law as a social institution both reflects and influences society. Two views of law are contrasted—the traditional (or orthodox) and the social science. The former view sees law as a self-contained system of logic, while the former understands law as firmly embedded in society. Law and society scholars come from a wide array of disciplines but share certain basic assumptions concerning the study of law and society. These include: the legal system is not autonomous, laws and legal decisions may have a potential impact on one or more aspects of society, major changes in society often bring about changes in the law, and law, whether considered as rules or as a legal system, reflects the type of society in which it is found. 7

8. Confidential & Proprietary Internal Kaplan Use Only. Barken, Chapter One Law, in light of these four assumptions, is conceived as having four dimensions—the substance of law, legal procedures, organization of the legal system, and legal culture. Given the above assumptions and dimensions, the scope of law and society scholarship comprises three very general areas of study—the origins and impacts of the substance of law, the operation of the legal system, and legal culture. 8

9. Confidential & Proprietary Internal Kaplan Use Only. Barken, Chapter One Law and society scholars try to answer many key questions. A summary of the questions being raised in this book include: -How effective is law in controlling human behavior and in affecting organizational behavior? -To what degree do new laws, court rulings, or other types of legal changes affect social institutions or other aspects of society, and what factors affect the impact that law may have in these respects? -How effective are legal procedures compared to nonlegal procedures in settlement of disputes? -To what degree do changes in society affect the various dimensions of law? -To what degree does inequality characterize the operation of the legal system? -How, to what extent, and in what ways does law reinforce or contribute to social inequality or, instead, reduce social inequality? 9

10. Confidential & Proprietary Internal Kaplan Use Only. Barken, Chapter One The concept of justice in its meaning of moral rightness or fairness does not fall in the province of law and society scholarship nor in that of traditional legal scholarship. That does not mean that the concept of justice is not important to the everyday world of law and society and to participants in the legal system. The topic of law and society cannot be properly understood without appreciating two related aspects: (1) the ethical choices that legal actors make regarding questions of justice, and (2) the ways in which these choices sometimes conflict with the logical thinking that is thought to guide legal decision making. 10

11. Confidential & Proprietary Internal Kaplan Use Only. Barken, Chapter One The hypothetical case of the “Speluncean Explorers” and two actual nineteenth-century maritime court cases are presented to illustrate the above point about justice and the law. Further examples are the 1735 trial of a New York newspaper publisher and the mid- nineteenth-century case involving abolitionists and the Underground Railroad. 11

12. Confidential & Proprietary Internal Kaplan Use Only. Unit 1 – Written Assignment One assumption in the study of law and society is that major changes in society often bring about changes in law. For this assignment, please answer the following: 1.Do you agree with this assumption? Why or why not? 2.Provide two examples where major changes in society brought about a change in law. In addition to your assigned readings for the Unit, please support your examples with outside research, citing to your references within your paper in APA format. 12

13. Confidential & Proprietary Internal Kaplan Use Only. Unit 1 – Written Assignment (cont.) In addition to fulfilling the specifics of the assignment, a successful paper must also meet the following criteria: Length of the paper should be 250-500 words long, excluding cover page and references. Viewpoint and purpose should be clearly established and sustained. There should be a clear thesis. Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.). Writing should be well ordered, logical and unified, as well as original and insightful. Your work should display superior content, organization, style, and mechanics. Appropriate citation style should be followed. Submit the memo to the Unit 1 Dropbox by the end of Unit 1. 13

14. Confidential & Proprietary Internal Kaplan Use Only. How to Write An Outline 14 I. Introduction a. Introductory sentence b. General overview of approach of paper with a nod towards the topic sentences of the supporting paragraphs (see below). What will the paper cover? What will it omit? What are the date, geographic, language, jurisdiction, industry, gender or other restrictions? c. Thesis (generally the last sentence of the introduction). 2. Paper Body a. Supporting paragraph of first main point i. Transitional sentence from the above paragraph ii. Topic sentence iii. Supporting sentences for main point b. Supporting paragraph of second main point i. Transitional sentence from the above paragraph ii. Topic sentence iii. Supporting sentences for main point c. Supporting paragraph of third main point i. Transitional sentence from the above paragraph ii. Topic sentence iii. Supporting sentences for main point d. Supporting paragraph of fourth main point i. Transitional sentence from the above paragraph ii. Topic sentence iii. Supporting sentences for main point etc. 3. Conclusion a. Introductory sentence b. Summary of main points of the paper. c. Restatement of thesis as final point

15. Confidential & Proprietary Internal Kaplan Use Only. How to Write A Thesis Statement 15 A single sentence 25 words or fewer Appears in the introduction “The one sentence you want the reader to remember once he or she has forgotten everything else.”

16. Confidential & Proprietary Internal Kaplan Use Only. Unit 1: To Do Below is a summary of your assignments for this week. As you know, all of these assignments must be completed before the end of this lesson week. 16 Unit # and TitleLearning ActivitiesAssessments Unit 1: The Social Nature and Significance of Law Introduce yourself to your classmates. Read Barkan Chapter 1 Review Key Terms Play the games to reinforce concepts in the reading Take the Self Check Visit the resources in Extra! Extra! Introduce yourself to your classmates (graded) Participate in the Discussion (graded) Attend the Seminar (graded) Complete the Learning Space Activity 1 & 2 (graded)

17. Confidential & Proprietary Internal Kaplan Use Only. Adjourn 17 Have a great week… “See” you on the Discussion Boards