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Social Science in Law: Cases and Materials

NCJ Number
120489
Author(s)
J Monahan; L Walker
Date Published
1990
Length
614 pages
Annotation
Conceived as a traditional law school casebook, this volume is designed to analyze and evaluate the role of social science in the American legal process.
Abstract
Social science is viewed as an analytic tool of the law which enhances the lawyer's effectiveness and hones the legal scholar's perceptions. Four subtopics are examined: substantive law, or issues pertaining to the nature of a legal doctrine being appraised; legal method, or the process by which the courts gather and manage social science information; social science findings, or the social science research relevant to a particular legal issue; and social science method, the data collection and analysis techniques used to arrive at the social science findings. Five major uses of social science in law are identified, including the use of social science to determine factual evidence, to establish legal rules that may impinge on future cases as well, to provide a context for the determination of factual evidence important only in a specific case, to shape the court system, and to prepare for trial. Ways to increase and enhance the involvement of social science in the legal field are recommended. Chapter references.

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