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KEY TERMS

Conflict perspective a theory of lawmaking that cites value dissensus, unequal access to economic goods, and the resulting structural cleavages of a society as the basic determinant of laws

Functionalist view a theory of lawmaking that assumes that laws reflect customs and are passed because they represent the voice of the people

Legislation the deliberate creation of legal precepts by a body of government that gives articulate expression to such legal precepts in a formalized legal document

Moral entrepreneur theory a theory of lawmaking that attributes the precipitation of law and other key events to the efforts of enterprising individuals or groups

Rationalistic model a theory of lawmaking that proposes that laws, particularly criminal laws are created as rational means of protecting the members of society from social harm

Social movement a type of collective behavior whereby a group of individuals

SUGGESTED READINGS

organizes to promote certain changes or alterations in certain types of behavior or procedures

Wage garnishment a legal process that enables a creditor upon a debtor’s default to seize the debtor’s wages from the employer before the debtor is paid.

Debbie Cenziper and Jim Obergefell, Love Wins: The Lovers and Lawyers Who Fought the Landmark Case for Marriage Equality. New York: William Morrow, 2016. A fine, moving account of the key players in the 2015 U.S. Supreme Court decision that made same-sex marriage legal throughout the United States.

Richard A. Harris and Sidney M. Milkis, The Politics of Regulatory Change: A Tale of Two Agencies. New York: Oxford University Press, 1989. A fascinating and timeless account of how regulatory policies are made and unmade.

Kamala Kempadoo and Jo Doezema, Global Sex Workers: Rights, Resistance, and

Redefinition. New York: Routledge, 1998. An early account that includes discussion of the impact of legal regulation of prostitutes and other sex workers.

Michael McCann, "Law and Social Movements: Contemporary Perspectives." Annual Review of Law and Social Science 2:17-38, 2006. An excellent summary of contemporary research on the impact of social movements on the law.

Roman A. Tomasic (ed.), Legislation and Society in Australia. Sydney, Australia: George Allen and Unwin, 1980. A series of case studies and theoretical articles on the making and instrumentation of law in Australia.

 
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