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Full-Text Articles in Social and Behavioral Sciences

On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael Oct 2015

On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael

Graduate Student Publications and Research

One of the few basic premises that sociological analysis assumes is a general answer to the question of how society is organized according to some sort of agreement or contract. Elucidating how this question is still unsettled requires an exploration of how several prominent thinkers have considered what the basis for society is and how it is related to justice founded in the cognitive sociological basis of individuality. Drawing on the cognitive and cultural turn, this critique offers a revision of the structure-agency problem and examines the implications for a sociological conception of freedom and a corresponding concept of causation …


Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas Aug 2015

Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas

Graduate Student Publications and Research

The legal myth of thirds is the belief that each graduating class of law students can be divided into thirds where the top third end up becoming law professors, the middle third become judges and the bottom third become lawyers. Such discourse is indicative of a meritocratic society and a 2014 survey done at a small New England law school found that 36.9% of respondents (N=92) have indeed heard that this was the case. The authors feel that the mere existence of such a rumor suggests that there is concern regarding intra-professional stratification. Using data from the American Bar Foundation’s …