Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.

Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.

There may be areas of human life in which people have profited from understanding history, but criminal justice is definitely not one of them. In this field, each generation seems to undo the last generation's reforms. Each generation resurrects old failures and trots them out as new. A previous generation hailed indeterminate sentencing as a great

In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.

"Guarding Life's Dark Secrets" tells the story of an intriguing aspect of the social and legal culture in the United States, the construction and destruction of a network of doctrines designed to protect reputation. The strict and unbending rules of decency and propriety of the nineteenth century, especially concerning sexual behavior, paradoxically provided ways to protect and shield respectable men and women who deviated from the official norms. This "Victorian compromise," which created an important zone of privacy, first came under attack from moralists for its tolerance of sin. During the second half of the twentieth century, the old structure was largely dismantled by an increasingly permissive society.
Rich with anecdotes, Friedman's account draws us into the present. The Supreme Court has interpreted the Constitution to include a right of privacy, which has given ordinary people increased freedom, especially in matters of sex, reproduction, and choice of intimate partners. The elite, however, no longer have the freedom they once had to violate decency rules with impunity. Although public figures may have lost some of their privacy rights, ordinary people have gained more privacy, greater leeway, and broader choices. These gains, however, are now under threat as technology transforms the modern world into a world of surveillance.

The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about.
Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. "Dead Hands" uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.

"Ohio Canal Era," a rich analysis of state policies and their impact in directing economic change, is a classic on the subject of the pre-Civil War transportation revolution. This edition contains a new foreword by scholar Lawrence M. Friedman and a bibliographic note by the author. Professor Scheiber explores how Ohio--as a "public enterprise state," creating state agencies and mobilizing public resources for transport innovation and control--led in the process of economic change before the Civil War. No other historical account of the period provides so full and insightful a portrayal of "law in action." Scheiber reveals the important roles of American nineteenth- century government in economic policy-making, finance, administration, and entrepreneurial activities in support of economic development. His study is equally important as an economic history. Scheiber provides a full account of waves of technological innovation and of the transformation of Ohio's commerce, agriculture, and industrialization in an era of hectic economic change. And he tells the intriguing story of how the earliest railroads of the Old Northwest were built and financed, finally confronting the state- owned canal system with a devastating competitive challenge. Amid the current debate surrounding "privatization," "deregulation," and the appropriate use of "industrial policy" by government to shape and channel the economy. Scheiber's landmark study gives vital historical context to issues of privatization and deregulation that we confront in new forms today.

This law and society reader taps a rich and diverse literature to compare and contrast the legal experience of many different cultures and nations. Drawing on a variety of methodological approaches, the selections allow students to evaluate whether there are general patterns that explain how legal systems work (or fail to work) and how these patterns relate to the structural and cultural facts of society.
Every country, of course, has its own legal system, and no two systems are the same. But in teaching law and society, texts have focused nearly exclusively on American readings to the neglect of comparative and international work. This reader fills an obvious gap. It recognizes that law is increasingly global and cross-national, and shows how law relates to society in different times and places, the world over.

The trial of O. J. Simpson was a sensation, avidly followed by millions of people, but it was also, in a sense, nothing new. One hundred years earlier the Lizzie Borden trial had held the nation in thrall. The names (and the crimes) may change, but the appeal is enduring-and why this is, how it works, and what it means are what Lawrence Friedman investigates in The Big Trial. What is it about these cases that captures the public imagination? Are the "headline trials" of our period different from those of a century or two ago? And what do we learn from them, about the nature of our society, past and present? To get a clearer picture, Friedman first identifies what certain headline trials have in common, then considers particular cases within each grouping. The political trialz, for instance, embraces treason and spying, dissenters and radicals, and, to varying degrees, corruption and fraud. Celebrity trials involve the famous-whether victims, as in the case of Charles Manson, or defendants as disparate as Fatty Arbuckle and William Kennedy Smith-but certain high-profile cases, such as those Friedman categorizes as tabloid trials, can also create celebrities. The fascination of whodunit trials can be found in the mystery surrounding the case: Are we sure about O. J. Simpson? What about Claus von Bulow-tried, in another sensational case, for sending his wife into a coma? An especially interesting type of case Friedman groups under the rubric worm in the bud. These are cases, such as that of Lizzie Borden, that seem to put society itself on trial; they raise fundamental social questions and often suggest hidden and secret pathologies. And finally, a small but important group of cases proceed from moral panic, the Salem witchcraft trials being the classic instance, though Friedman also considers recent examples. Though they might differ in significant ways, these types of trials also have important similarities. Most notably, they invariably raise questions about identity (Who is this defendant? A villain? An innocent unfairly accused?). And in this respect, The Big Trial shows us, the headline trial reflects a critical aspect of modern society. Reaching across the nineteenth and twentieth centuries to the latest outrage, from congressional hearings to lynching and vigilante justice to public punishment, from Dr. Sam Sheppard (the "fugitive") to Jeffrey Dahmer (the "cannibal"), The Rosenbergs to Timothy McVeigh, the book presents a complex picture of headline trials as displays of power-moments of "didactic theater" that demonstrate in one way or another whether a society is fair, whom it protects, and whose interest it serves.

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.

Randomized clinical trials are the gold standard for establishing many clinical practice guidelines and are central to evidence based medicine. Obtaining the best evidence through clinical trials must be done within the boundaries of rigorous science and ethical principles. One fundamental principle is that trials should not continue longer than necessary to reach their objectives. Therefore, trials must be monitored for recruitment progress, quality of data, adherence to patient care or prevention standards, and early evidence of benefit or harm. Frequently, a group of external experts, independent from the investigators and trial sponsor, is charged with this monitoring responsibility, especially for safety and early benefit. This group is referred to by various names, such as a data monitoring committee or a data and safety monitoring board. This book, through a series of case studies presented by many distinguished clinical trial experts, illustrates the complexity of this monitoring process. The editors provide an overview of the process and a summary of a multitude of the lessons learned from the cases presented.

This book should be useful to anyone serving on a data and safety monitoring board, or planning to do so, for colleagues in academia, industry and governmental agencies, and for teaching students in biostatistics, epidemiology, clinical trials and medical ethics. No other text has as extensive a collection of cases which provide insight into the many issues, often conflicting, that must be examined before recommendations to continue or discontinue a trial can be made. While depth in statistical methods is not required, some familiarity with statistical design andanalysis issues in clinical trials is helpful. The cases cover trials which were terminated early for convincing evidence of benefit, or for harmful effects. Cases with complex issues are also included. This series of cases should provide broad background information for potential monitoring committee members and better prepare them for the challenges that may exist in the trials for which they are responsible.

The three editors have contributed two overview chapters as well as several case studies to go along with cases contributed by a distinguished group of colleagues experienced in the design, monitoring and analysis of clinical trials. Dr. David DeMets is currently Professor and Chair, Department of Biostatistics and Medical Informatics at the University of Wisconsin-Madison. He is past president of the Eastern North American Region (ENAR) of the International Biometric Society, a past member of the Board of Directors of the American Statistical Association and an elected Fellow. He recently received the Robert Gordon Lectureship Award, given by the National Institutes of Health, for significant contributions to the field of clinical trials. Dr. Curt Furberg, is currently Professor (and former Chair) of the Department of Public Health Sciences at Wake Forest University. Previously, he was Head of the Clinical Trials Branch and Associate Director of the Clinical Applications and Prevention Program at the National Heart, Lung, and Blood Institute. Dr. Lawrence Friedman is a former Director of the Division of Epidemiology and Clinical Applications and a former Assistant Director for Ethics and Clinical Research at the National Heart, Lung, and Blood Institute. All three arepast presidents of the Society of Clinical Trials. The editors have collaborated previously as coauthors of a text: the Fundamentals of Clinical Trials.

This volume of essays examines how the legal systems of the chief countries of Latin America and Mediterranean Europe--Argentina, Brazil, Chile, Colombia, Mexico, Puerto Rico, Venezuela, France, Italy, and Spain--changed in the last quarter of the 20th century.
Through essays that provide a wealth of data on the courts and the legal profession in these countries, the book attempts to relate changes in the operation of the legal systems to changes in the political and social history of the societies in which they are embedded. The details vary, in accordance with the particular history and structure of the countries, but there are also key commonalities that run through all of the stories: democratization, globalization, and changes in the legal order that seem to be worldwide; more power to courts; a growing legal profession; and the entry of women into what was once a masculine club.

Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear--all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.

This is the fifth edition of a very successful textbook on clinical trials methodology, written by recognized leaders who have long and extensive experience in all areas of clinical trials. The three authors of the first four editions have been joined by two others who add great expertise. A chapter on regulatory issues has been included and the chapter on data monitoring has been split into two and expanded. Many contemporary clinical trial examples have been added. There is much new material on adverse events, adherence, issues in analysis, electronic data, data sharing and international trials. This book is intended for the clinical researcher who is interested in designing a clinical trial and developing a protocol. It is also of value to researchers and practitioners who must critically evaluate the literature of published clinical trials and assess the merits of each trial and the implications for the care and treatment of patients. The authors use numerous examples of published clinical trials to illustrate the fundamentals. The text is organized sequentially from defining the question to trial closeout. One chapter is devoted to each of the critical areas to aid the clinical trial researcher. These areas include pre-specifying the scientific questions to be tested and appropriate outcome measures, determining the organizational structure, estimating an adequate sample size, specifying the randomization procedure, implementing the intervention and visit schedules for participant evaluation, establishing an interim data and safety monitoring plan, detailing the final analysis plan and reporting the trial results according to the pre-specified objectives. Although a basic introductory statistics course is helpful in maximizing the benefit of this book, a researcher or practitioner with limited statistical background would still find most if not all the chapters understandable and helpful. While the technical material has been kept to a minimum, the statistician may still find the principles and fundamentals presented in this text useful.

Lawrence Friedman in this provocative, accessible, and clear book turns a critical eye toward the human rights movement-and does not mind going against the grain. He explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the typical legal or philosophical examination of rights, this book instead asks: Why is it-as a social and historical matter-that rights discourse is so prevalent and compelling to the current world? ... "Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity-in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." - Brian Z. Tamanaha, Professor of Law, Washington University

A classic study of the social and economic realities of trade law, told through case studies and rich historical analysis. Comparing contract cases and legislation over three discrete historical periods, Lawrence Friedman shows that social context matters, that law is more flexible and adaptive than traditional doctrinal studies would suggest, and that the framing of contract law can use a fresh reexamination in light of the historical realities he exposes.
A recognized study in law & society, this volume previously hid out as a rare book or was completely unavailable. Now readily accessible worldwide, it also features a new preface by the author as well as a new, analytical foreword by Stewart Macaulay, a senior professor of law at the University of Wisconsin.
As Macaulay notes, Friedman's "Contract Law in America" "still challenges those who research, write and teach in the field of contracts. His findings and arguments still call for a serious response today." Has contracts doctrine become "the law of leftovers"? In any event, Macaulay sums up, "Friedman combines scholarship that takes him into dusty archives with insight into the broader effect of both public culture and legal culture. I am continually and pleasantly surprised when I read him."
As with all the quality contributions to Quid Pro's "Classics of Law & Society" Series, this book features modern formatting, legible tables, and hyperaccurate proofreading from the original text. Moreover, it embeds page numbers from the first edition (in both print and digital formats), for continuity of references.
"Praise for this anniversary edition of the book abounds: "
""Contract Law in America" is one of the most important works in the entire scholarly literature on American legal history. Friedman took a subject that had been treated by researchers in exclusively doctrinal terms, bringing an entirely new perspective that revealed how contract law has been at the very center of how we need to understand 'law in action' in key periods of American development. In the methodology that Friedman applied, in the brilliance of the analysis, and in the new light his book cast on the full dimensions of governance and law in the United States, this book broke new ground. It remains today, still, required reading for any student of legal history."
- Harry N. Scheiber
Stefan A. Riesenfeld Professor of Law and History, University of California at Berkeley
"The republishing of "Contract Law in America" is a very welcome event. For years this has been one of the neglected classics of legal literature. Friedman did what the Legal Realists only dreamed of doing-he studied in depth what kinds of contracts cases state courts had decided over time, and found grand patterns in the decisions. As real-world contracts dropped out of common law litigation and into private ordering and specialized regulation, courts abandoned abstract formal rule-making for particularized equitable resolutions. In the present moment, more receptive to social and empirical studies of law than was 1965, Friedman's book should finally find the audience it deserves."
- Robert W. Gordon
Chancellor Kent Professor of Law and Legal History, Emeritus, Yale University; and
Professor of Law, Stanford University
""Contract Law in America" remains a classic examination of the relationships among legal doctrine, legal culture, and the shifting frameworks of American business enterprise. Amid the current academic re-engagement with questions of political economy, we can only hope that more historians, social scientists, and legal scholars acquaint themselves with Friedman's probing analysis of how law did, and did not, influence American commerce, and how commerce did, and did not, influence American law."
- Edward J. Balleisen
Associate Professor of History, Duke University

Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the typical legal or philosophical examination of rights, this book instead asks: Why is it - as a social and historical matter - that rights discourse is so prevalent and compelling to the current world? "Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity - in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." - Brian Z. Tamanaha, Professor of Law, Washington University Lawrence Friedman is the Marion Rice Kirkwood Professor of Law at Stanford University. His latest book joins Quid Pro's Contemporary Society Series.

In this imaginative exploration of modern legal culture, Lawrence Friedman addresses how the contemporary idea of individual rights has altered the legal systems and authority structures of Western societies. Every aspect of law, he argues--from civil rights to personal-injury litigation to divorce law--has been profoundly reshaped, reflecting the power of this concept.

The new individualism is quite different from that of the nineteenth century, which stressed self-control, discipline, and traditional group values. Modern individualism focuses on the individual as the starting and ending point of life and assumes a wide zone of choice. Choice is vital, fundamental: the right to develop oneself, to build up a life uniquely suited to oneself through free, open selection among forms, models, and lifestyles. With striking clarity and force, Friedman demonstrates how the new individualism results from changes in the technological and social framework of society. Loose, unconnected, free-floating, mobile: this is the modern individual, at least in comparison with the immediate past.

Written for the general reader as well as lawyers and legal scholars, "The Republic of Choice" offers keen and original observations about legal culture and the public consciousness that informs and expresses it.

In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.

Through a series of historical analyses, Friedman explores the relationship between the legal system and the development of modern science and technology. The scientific revolution produced major changes in culture; and these in turn led to changes in government and law. The book covers, among other topics, the transportation revolution; the camera and the entertainment industry; the “germ theory” and its influence on modern society; and the role of culture and technology in the sexual revolution.

In a society of strangers, there develops what can be called crimes of mobility -- forms of criminality rare in traditional societies: bigamy, the confidence game, and blackmail, for example. What they have in common is a kind of fraudulent role-playing, which the new society makes possible. This book explores the social and legal consequences of social and geographical mobility in the United States and Great Britain from the beginning of the 19th century on. Personal identity became more fluid. Lines between classes blurred. Impostors abound.

Privacy, in human history, is a relatively recent concept. Nobody had much privacy in the Middle Ages. Even kings and queens lacked privacy: it was an age when crowds watched a queen give birth, and the king received visitors while on the chamber pot. Technology and concepts of privacy grew up together-as both friends and enemies. For example, the late 19th century invention of the candid camera made it possible, for the first time, to take someone's picture without that person's consent. This fact was in the background of the classic article by Warren and Brandeis that launched the right of privacy. Today, we have smart phones with cameras, selfies, the Internet, surveillance cameras, and tools that can look through walls, smell through walls, see through walls. Dangers to privacy have multiplied enormously, and we have only just begin figuring how to handle the change. This book is timely as our basic understandings of privacy are challenged by modern technology, changing social mores, and evolving legal understandings that both reflect and reinforce underlying changes in society. It is likely to be of interest to graduate and undergraduate students, scholars, and potentially other professionals with an interest in law and social norms.

This law and society reader taps a rich and diverse literature to compare and contrast the legal experience of many different cultures and nations. Drawing on a variety of methodological approaches, the selections allow students to evaluate whether there are general patterns that explain how legal systems work (or fail to work) and how these patterns relate to the structural and cultural facts of society.
Every country, of course, has its own legal system, and no two systems are the same. But in teaching law and society, texts have focused nearly exclusively on American readings to the neglect of comparative and international work. This reader fills an obvious gap. It recognizes that law is increasingly global and cross-national, and shows how law relates to society in different times and places, the world over.

Laws and regulations are ubiquitous, touching on many aspects of individual and corporate behavior. But under what conditions are laws and rules actually effective? A huge amount of recent work in political science, sociology, economics, criminology, law, and psychology, among other disciplines, deals with this question. But these fields rarely inform one another, leaving the state of research disjointed and disorganized. Lawrence M. Friedman finds order in this cacophony. Impact gathers recent findings into one overarching analysis and lays the groundwork for a cohesive body of work in what Friedman labels "impact studies." The first important factor that has a bearing on impact is communication. A rule or law has no effect if it never reaches its intended audience. The public's fund of legal knowledge, the clarity of the law, and the presence of information brokers all influence the flow of information from lawmakers to citizens. After a law is communicated, subjects sometimes comply, sometimes resist, and sometimes adjust or evade. Three clusters of motives help shape which reaction will prevail: first, rewards and punishments; second, peer group influences; and third, issues of conscience, legitimacy, and morality. When all of these factors move in the same direction, law can have a powerful impact; when they conflict, the outcome is sometimes unpredictable.

Modern technology has radically and irretrievably altered our sense of identity and hence our social, political, and legal life, argues Lawrence M. Friedman in this bold new book. In traditional societies, he explains, relationships and identities were strongly vertical: there was a clear line of authority from top to bottom, and identity was fixed by one's birth or social position. But in modern society, identity and authority have become much more horizontal: people feel freer to choose who they are and to form relationships on a plane of equality. Friedman examines how modern life centers on human identity seen in terms of race, gender, ethnicity, and religion, and how this new way of defining oneself affects politics, social structure, and the law. Our horizontal society, he says, is the product of the mass media-in particular, television-which break down the isolation of traditional life and allow individuals to connect with like-minded others across barriers of space and time. As horizontal groups blossom, loyalties and allegiances to smaller groups fragment what seemed to be the unity of the larger nation. In addition, the media's ability to spread a global mass culture causes a breakdown of cultural isolation that leads to more immigration and heavy pressure on the laws and institutions of citizenship and immigration.