Law and Justice around the World

Mikaila Mariel Lemonik Arthur is Professor of Sociology at Rhode Island College. She is the author of Student Activism and Curricular Change in Higher Education and Social Change, a volume in Student Handbook to Sociology.

• List of Illustrations and TablesAcknowledgmentsPreface1. The Study of Comparative Law and JusticeChapter GoalsWhy Study Comparative Law and Justice?The Roots of the FieldLegal Culture versus Legal StructureA Quick Introduction to Legal SystemsCase Study 1.1: An International Child CustodyDisputeConclusion2. World Legal SystemsChapter GoalsThe Rule of LawDefining Legal SystemsCommon LawCase Study 2.1: Cannibalism and Common LawCivil LawTheocratic LawAuthoritarian LawTraditional LawOther Legal SystemsChange and ContinuityCase Study 2.2: The Aztec Legal SystemConclusion3. The Organization of State PowerChapter GoalsWhat Is a State?Types of GovernmentCase Study 3.1: Indigenous SovereigntyBranches of GovernmentVoting and ElectionsWho Votes?Who Runs?Conclusion4. Crime and the Global WorldChapter GoalsWhy Do Crime Rates Vary?Cultural Explanations for CrimeThe Impact of Economic and Social Factors on CrimeCrime and the Legal SystemHow Do We Measure Crime?How Do Crime Rates Vary?CriminalizationDecriminalizationCase Study 4.1: The Portuguese Drug StrategyCross-Border CrimeInternational CrimeTransnational CrimeTerrorismConclusion5. Law EnforcementChapter GoalsThe History of Law EnforcementDefining Modern PolicingCross-National Variations in Policing PracticesOrganizational StructuresPolicing StylesPolice-Military RelationsInternational Police CooperationCase Study 5.1: Tracking the Pink PanthersConclusion6. Resolving DisputesChapter GoalsDispute Resolution in Historical PerspectiveTypes of Disputes, Types of LawContemporary Dispute Resolution SystemsDispute Resolution in Common LawDispute Resolution in Civil LawDispute Resolution in Theocratic LawTraditional Dispute Resolution PracticesCase Study 6.1: Traditional Courts in South AfricaDispute Resolution under AuthoritarianismCriminal Procedure in Comparative PerspectiveFairness and ImpartialityThe Presumption of InnocenceEvidentiary RulesConfessions and Self-IncriminationThe Right to CounselOther FactorsCase Study 6.2: The Trials of Amanda KnoxConclusion7. Punishment and Social ControlChapter GoalsWhy Do Societies Punish?Deterrence and Crime ControlRevenge and RetributionRehabilitationReconciliationCase Study 7.1: Transitional Justice in RwandaHow Has Punishment Changed over Time?What Types of Punishment Do Societies Use?PrisonsControl-in-FreedomCase Study 7.2: Prisons and Punishment in NorwayFinancial and Other SanctionsCorporal PunishmentCapital PunishmentWhat Factors Shape National Differences in Punishment Practices?Conclusion8. Family LawChapter GoalsWhat Is a Family?Forming a FamilyMarriage and Union FormationThe Legal Status of ChildrenCase Study 8.1: Marriage, Children, and SurnamesRegulating ReproductionEnding Family RelationshipsEnding UnionsChild Custody and Parental RightsConclusion9. Legal RightsChapter GoalsWhat Are Legal Rights?The Most Severe ViolationsLegal Rights: A TourThe Right to PrivacyThe Right to ExpressionThe Right to ConscienceCase Study 9.1: Intellectual and Academic Freedom in QatarThe Right to SubsistenceLaw and EqualityConclusion10. Global JusticeChapter GoalsWhat Is International Law?How Is International Law Enforced?Institutions of Global JusticeThe International Criminal CourtThe United Nations and the International Court of JusticeCitizenship and StatelessnessCase Study 10.1: Chevron in EcuadorConclusion11. Law and CultureChapter GoalsThe Concept of Legal CultureCultural Universalism, Cultural Relativism, and Cultural PluralismConflicts in Law and CultureThe Cultural Defense to CrimeLegal Cultures of ChildhoodCase Study 11.1: Child SoldiersConclusion12. Considering Comparative Law and JusticeChapter GoalsWhy Compare?The Future of LawCase Study 12.1: Regulating the EnvironmentConclusionGlossaryWorks CitedIndex

" . . . an excellent addition to the textbooks of comparative justice education. . . . Arthur’s book can be great learning material for those who are not only interested in legal comparison but also interested in their historical, theoretical, political, and sociological roots. Other than students of criminal justice, the book can also be a great fit for students of pre-law, political sciences, international business, and sociology."