Intro; Dedication; Preface; Contents; List of Figures; List of Tables; Chapter 1: Whence Law?; 1.1 Introduction; 1.1.1 A Macrosociological Treatment of Law; 1.1.2 Other Lines of Inquiry; 1.1.2.1 Comparative Law; 1.1.2.2 Law-and-Society; 1.1.2.3 Legal Cognitivism; 1.1.2.4 Social Behaviorism; 1.1.3 The Thesis Illustrated: Federal Law in the United States; 1.2 United States Supreme Court; 1.3 Constitutional Law; 1.3.1 Jury Service by Women; 1.3.2 Adultery; 1.3.3 Death Penalty; 1.4 Legislation; 1.4.1 Race Discrimination in Employment: Title VII of the Civil Rights Act of 1964
1.4.2 Religious Freedom Restoration Act1.5 Some Concluding Comments; Appendix: Quantitative Studies of Societal Determinants of Law; Chapter 2: From Framework to Theory; 2.1 Introduction; 2.2 Cornerstone Concepts; 2.3 Sociological Agents in the Content of Law; 2.3.1 Religion; 2.3.2 Culture; 2.3.2.1 Dimensions; 2.3.2.2 Theorems; 2.3.3 Knowledge; 2.3.3.1 Rationality, Individualization, and Egalitarianism; 2.3.3.2 Theorems; 2.3.4 Social Disorder; 2.3.5 Societal Fragmentation; 2.3.6 Population Structure; 2.4 A Final Comment; Chapter 3: Equal Rights Amendment; 3.1 The ERA Proposal
3.2 The Societal Context of the ERA3.3 The ERA in a Macrosociological Framework; Chapter 4: Ages in Constitutional Law; 4.1 Law as an Empirical Sociological Measure; 4.2 The Treatment of Sex and Pregnancy Under the U.S. Constitution; 4.2.1 Sex Distinctions and Gender Roles; 4.2.2 Pregnancy Prevention and Termination; 4.2.3 Potential Sociological Causes; 4.2.3.1 Public/Private Partition; 4.2.3.2 Sex Ratio; 4.3 The Treatment of Government Support for Religion Under the U.S. Constitution; 4.3.1 The Establishment Clause and Its Interpretation; 4.3.2 Potential Sociological Causes
4.4 A Potential Intensifier of Historical Eras in Constitutional Law4.5 Theory, Prediction, and Historical Eras in Constitutional Law; Index
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In this two-volume set, Larry D. Barnett delves into the macrosociological sources of law concerned with society-important social activities in a structurally complex, democratically governed nation. Barnett explores why, when, and where particular proscriptions and prescriptions of law on key social activities arise, persist, and change. The first volume, Societal Agents in Law: A Macrosociological Approach, puts relevant doctrines of law into a macrosociological framework, uses the findings of quantitative research to formulate theorems that identify the impact of several society-level agents on doctrines of law, and takes the reader through a number of case analyses. The second volume, Societal Agents in Law: Quantitative Research, reports original multivariate statistical studies of sociological determinants of law on specific types of key social activities. Taken together, the two volumes offer an alternative to the almost-total monopoly of theory and descriptive scholarship in the macrosociology of law, comparative law, and history of law, and underscore the value of a mixed empirical/theoretical approach.--