Sociological Justice

That discrimination exists in courts of law is beyond dispute. In American murder cases for instance studies show that blacks who kill a white are much more likely to receive the death penalty than if they kill a black. Indeed in Georgia they are 30 times more likely to be condemned and in Texas a staggering 90 times more likely. Conversely in Texas of 143 whites convicted of killing a black only one was sentenced to die. But how extensive is discrimination in the courtroom? Is it strictly a matter of racial prejudice or does it respond to a wide range of social factors? In Sociological Justice eminent legal sociologist Donald Black challenges the conventional notion that law is primarily an affair of rules and that discrimination is an aberration. Law he contends is a social process in which bias is inherent. Indeed Black goes well beyond the documented instances of racial discrimination to show how social status (regardless of race) the degree of intimacy (are they family members friends or complete strangers?) speech organization and numerous other factors all greatly influence whether a complaint will be filed in court who will win and what the punishment or other remedy will be. Moreover he extends his analysis to include not only the litigants but also the lawyers the jurors and the judge describing how their social characteristics can also influence a case. Sociological Justice introduces a new field of legal scholarship that will have important consequences for the future of law: the sociology of the case. Black discusses how lawyers can use the sociology of the case to improve their practice and for those interested in reform he suggests ways to minimize bias in the courtroom. Beyond this Black demonstrates that modern jurisprudence with its assumption that like cases will be treated in like fashion is out of touch with reality. He urges the adoption of a new sociological jurisprudence with a new morality of law that explicitly addresses the social relativity of justice. A major contribution to legal scholarship this thought-provoking volume is essential reading for anyone interested in law and justice in modern society.