Law and the Web of Society

Front Cover
Georgetown University Press, Jul 31, 2001 - Political Science - 272 pages

From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life.

They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites.

Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.

 

Contents

Conclusions
102
Law on the Web
103
Law and the Beginning of Life Birth Infancy and Childhood
106
Infancy
113
Law and Childhood Health
114
Law and Education
117
Juvenile Justice in America
123
The Sundry Legal Benchmarks of Adulthood
125

Judicial Legitimacy
21
Conclusions
26
A Government of Laws and Not of Men The Ubiquitous Nature and Ambiguous Position of Law in American Culture
29
Foundations of the American Legal Paradox
30
Economic Culture
34
Scarcely Any ProblemThe Dominion of Laws in America
37
Ubiquity and Ambiguity at the Millennium
42
Law on the Web
43
In and Around the Web The Structures and Processes of Law
47
The Criminal and Civil Processes
56
Conclusion
66
Denizens of the Web Lawyers Judges Juries and Interest Groups
69
Judges
73
Juries
76
Interest Groups
78
Conclusion
81
Law and the Web of Life
83
Introduction
85
Law and Relationships
87
Family v the State
88
What Is a Family?
89
The Decision to Dissolve a Family
91
Breach of Promise to Marry
93
Intrafamily Litigation
94
To Procreate or Not to Procreate
97
SameSex Relationships
99
Abortion
100
Conclusion
126
Law on the Web
127
Law and Identity
129
Group Identity
144
Conclusion
149
Law on the Web
150
Law and the End of Life
152
Death and Dying
155
Ancient Concerns of Succession
165
Conclusion
167
Law and Political Economy
169
Community Relational Politics and the Founders Solutions
170
Law and Political Economy in the Nineteenth and Early Twentieth Centuries
171
Advocacy
175
Communication Community and Law
177
Communications Technology Politics and Law
179
Community Relational Distance and Political Economy
182
Conclusions
184
Law on the Web
186
Epilogue The Dominion of Laws in America
187
The Ambiguous Web
188
Notes
191
References
219
Cases Cited
230
Index
235
Copyright

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About the author (2001)

Cynthia L. Cates is associate professor of political science at Towson University, where her teaching specialty is the law and includes a class in the law on-line. She is co-author, with Wayne V. McIntosh, of Judicial Entrepreneurship: The Role of the Judge in the Marketplace of Ideas (Greenwood Press, 1997).

Wayne V. McIntosh, associate professor and the director of undergraduate programs in the Department of Government and Politics at the University of Maryland, has published widely on the law. His other books include The Appeal of Civil Law: A Political Economic Analysis of Litigation (University of Illinois Press, 1990).

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