Based on sophisticated demographic analysis, Legal Construct,
Social Concept argues that legal doctrine on social issues is
shaped by the needs and values of society rather than by
individuals and interest groups and that it evolves in response to
social change but has little impact on that change. The book also
explains why a substantial body of social science research has
found that although law may be effective for some types of economic
problems, its impact on social problems is generally small and of
brief duration. At least in the United States, legal doctrine seems
to operate primarily to provide symbols that enhance commitment to
the social system and increase the cohesiveness of the system.
Barnett's approach to legal thought derives from the practices
and assumptions of the social sciences, particularly sociology, and
not from those of critical legal studies. His main concern is with
social issues issues that substantively differ from economic
issues. In addressing legal thought on social problems with the
conceptual framework and quantitative techniques of macrosociology,
he considers a topic that is infrequently investigated and employs
an approach that is infrequently used.
To illustrate this thesis, Barnett presents data on social
patterns relevant to three current issues: sex discrimination, age
discrimination, and the availability of contraception and abortion.
His analyses of these data are compared to constitutional
philosophy, judicial rulings, and federal statutes. Barnett then
turns from the evolution of legal doctrine in the past to its
possible change in the future and considers whether active forms of
euthanasia are likely to be legalized. He concludes with an
exploration of additional issues for future research and
theory.
General
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