The term law is surprisingly difficult to define. Perhaps the best-known definition within the sociology of law community is that of Max Weber: “An order will be called law if it is externally guaranteed by the probability that coercion (physical or psychological), to bring about conformity or avenge violation, will be applied by a staff
The legal profession refers to all the occupational roles purposely oriented towards the administration and maintenance of the legal system. Encompassing lawyers, judges, counselors, and experts of legal education and scholarship, the legal profession has been the subject of considerable reflection in the sociology of law. This sociological interest parallels the enormous attention devoted to
Given that forensic psychology involves the application of psychology to the legal system, it is not surprising that much of the work of forensic psychologists involves assisting specific legal actors. In this section, we discuss the different ways in which forensic psychologists may assist law enforcement agencies, attorneys, litigants, and others. Assisting Law Enforcement Within
Legal psychology refers to psychological theory, research, and practice directly pertinent to the law and legal issues. It focuses on psycholegal research and contacts with judges, lawyers, and other law-related professionals in a wide range of contexts. The origins of legal psychology can be traced to the work of experimental psychologists in Europe in the
Forensic psychology assists the legal system in a number of ways including providing expert testimony in legal, administrative, and legislative proceedings; conducting and testifying about research conducted in anticipation of litigation; testifying about research not conducted in connection with litigation but that is nonetheless relevant; and researching the legal system’s operation. Informing Decision Makers in
In its broadest sense, legal authoritarianism refers to the constellation of beliefs held about the legal system that is relevant to juror decision making. Because jurors enter trials with preconceived notions about evidence, criminal conduct, and the criminal justice system in general, understanding these beliefs allows researchers to better understand how jurors process information and
Negotiation is extremely common in legal settings. In the criminal context, most cases are resolved through the plea bargaining process rather than through trials. Similarly, many more civil disputes are resolved by private settlement than go to trial. Transactional lawyers spend much of their time negotiating deals and contracts. In practice, lawyers will negotiate with
Legal guardianship is the process by which one individual (a legal guardian) is appointed by a court to care for the personal and property interests of another individual (a ward) in situations where the latter is unable to function independently. Guardians are appointed to represent children, developmentally disabled and mentally ill adults, and the elderly
Legal socialization is the process of developing attitudes toward rules, laws, and the legal system. Legal socialization research studies this process and also examines why individuals choose to obey or disobey the law. In fact, the first approaches to studies of attitudes toward the law appear in the legal socialization literature. Factors that affect how
Confidentiality is the legal and ethical duty of therapists not to reveal information about their clients to unauthorized individuals. Legally and ethically, therapists are bound by statute and by the profession’s code of professional conduct not to reveal information about their clients to unauthorized individuals. Legally and ethically, clients have the right to prevent their
The legal issues regarding parenting can be, and often are, highly complicated and controversial issues, needing to be addressed within the following categories: custody, adoption, parenting by unmarried couples, and rights and responsibilities of parents. Understanding how these variables interact is important, because many individuals experiencing problems in their relationships will seek help through counseling.