That discrimination exists in courts of law is beyond dispute. In American murder cases, for instance, studies show that blacks who kill a white are much more likely to receive the death penalty than if they kill a black. Indeed, in Georgia, they are 30 times more likely to be condemned, and in Texas a staggering 90 times more likely. Conversely, in Texas, of 143 whites convicted of killing a black, only one was sentenced to die. But how extensive is discrimination in the courtroom? Is it strictly a matter of racial prejudice, or does it respond to a wide range of social factors?
In Sociological Justice, eminent legal sociologist Donald Black challenges the conventional notion that law is primarily an affair of rules and that discrimination is an aberration. Law, he contends, is a social process in which bias is inherent. Indeed, Black goes well beyond the documented instances of racial discrimination to show how social status (regardless of race), the degree of intimacy (are they family members, friends, or complete strangers?), speech, organization, and numerous other factors all greatly influence whether a complaint will be filed in court, who will win, and what the punishment or other remedy will be. Moreover, he extends his analysis to include not only the litigants, but also the lawyers, the jurors, and the judge, describing how their social characteristics can also influence a case.
Sociological Justice introduces a new field of legal scholarship that will have important consequences for the future of law: the sociology of the case. Black discusses how lawyers can use the sociology of the case to improve their practice and, for those interested in reform, he suggests ways to minimize bias in the courtroom. Beyond this, Black demonstrates that modern jurisprudence, with its assumption that like cases will be treated in like fashion, is out of touch with reality. He urges the adoption of a new sociological jurisprudence, with a new morality of law, that explicitly addresses the social relativity of justice. A major contribution to legal scholarship, this thought-provoking volume is essential reading for anyone interested in law and justice in modern society.
Industry Reviews
"Very provocative, but sufficiently well argued and well written to complement even introductory readings in broad "Society and Law"-type courses."--James Robertson, Cogswell College
"An exciting work by a leading thinker in the sociology of law. Existing theories are summarized and incorporated and, at the same time, extended."--G. David Curry, West Virginia University
"An extraordinary book by an extraordinary author."--Thomas J. Bernard, Pennsylvania State University
"With his voluminous and important contributions, Donald Black has been a central figure in the sociology of law. Sociological Justice is his latest effort....The ramifications of Black's work...are extremely profound for the direction of sociology and the structure of the legal profession, and they cannot be ignored."--William Clements, Criminal Justice Review
"Brilliant...[a] towering achievement. Sociological Justice tells a practicing lawyer more about how to win multimillion-dollar lawsuits or save a criminal client than any other single volume of its size I have ever read."--Justice Richard Neely, West Virginia Supreme Court of Appeals, Chronicles
"Every theorist...combines the attributes of the bricoleur, the alchemist, the daredevil, and the entrepreneur. Courage, skill, knowledge, and a bit of magic....Donald Black exhibits all of these characteristics in this exploration into legal sociology."--Darnell F. Hawkins, Social Forces
"Donald Black, the major American figure in the sociology of law,...has written a practical book....It will please many, offend some, but disappoint few....Few would contest the appeal...of Black's conception...nor would any but the blind question the lucidity of his vision."--Peter K. Manning, American Journal of Police
"I've had great success using this book in my class--it's packed full of information and fresh ideas, and the students love it."--John Herrmann, University of Virginia
"A seminal work....Black's recognition of prevalent discrimination in social life and its natural presence in the criminal justice system is both controversial and correct!"--Ruth-Ellen Grimes, California State University-Fullerton
