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SOCIOLOGICAL DATA IN RACE-RELATED CASES.
Term Paper ID:20466
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Essay Subject:
Use & impact of such data in analyzing school segregation case of [Brown v. Board of Education] & social theory in legal world.... More...
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Paper Abstract:
Use & impact of such data in analyzing school segregation case of [Brown v. Board of Education] & social theory in legal world.
Paper Introduction:
Sociological Data in Adjudication:
Brown v. Board of Education of Topeka, Kansas
Supreme Court, 1954
The School Segregation case of Brown v. Board of Education was one of the most important governmental acts in this century. Often compared to the Dred Scott case and the Emancipation Proclamation, it affected millions of school children throughout the United States and acted as a catalyst for a significant social movement (Friedman, 1969, p. v).
Thurgood Marshall focused on the logic of graduate school cases which fashioned new legal principles regarding Negro students in white colleges, the beginnings of the changes in segregated patterns in the military and other aspects of American life. He boldly challenged the Court to grant to the Negro the
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Clearing House Publication 76. P., & Cook, S. NewYork: Chelsea House Publishers. It is remarkable that these writings appeared during a time when thefield of sociology itself was rather new. Clark, K. (1952). Yale Law Journal, 61, 73 -744. He says thatonly God knows what is precisely true and good, but men can constantlystrive in the courts to examine better and better evidence to move closerto the truth in each case. Board of Education of Topeka, Kansas Supreme Court, 1954 The School Segregation case of Brown v. Because the legal system is a closed social system it relies heavilyon cognitive relating with the environment in its dealings. Belliotti, Lumann, Saks, and Hastie explore the use of scientificdate in the courts from a more modern, philosophical standpoint. (1979). Clearinghouse Publication 69.----------------------- 1 Philadelphia: TempleUniversity Press. 69) and that the presence of prostitutes had theinteresting effect of fostering improved race relations. 45). Delano, W. Emotional factors in racialidentification and preference in Negro children.Journal of Negro Education, 19, 341-35 . Broken homes were found to be more prevalent in Negro neighborhoods,although this varied from city to city. A. "Grade School Segregation: The Latest Attack on RacialDiscrimination" by W. London: Routledge& Kegal Paul. 714). Board of Education of Topeka, ShawneeCounty, Kansas brought interesting new philosophical and intellectualconcerns into the field of law. Board of Education of Topeka, 1952-55. Saks and Hastie discuss the long-standing use of psychological datain courtrooms. 228). P. Boardof Education case and to discuss the implications of sociological data inadjudication. Oliver Brown vs.Board of Education of Topeka, Shawnee County, Kansas. The legal system is anormatively closed system, but it is, at the same time, a cognitively opensystem that must remain open to information from its environment in orderto operate. 274). Intergroupcontact and ethnic attitudes in public housing projects. The United States Commission on Civil Rights was established in 1957to investigate complaints about discrimination against citizens by reasonof their race, color, religion, sex, age, handicap, or national origin.Two publications of this commission discuss the implications of the Brownv. The pattern of race relationships in thePocahontas coal field. M., Walkley, R. Saks, M. He summarizes again that the import of the Brownv. These early efforts(early 195 's) found evidence that increased contact between members ofracial groups enhanced understanding and attitude change (Wilner, Walkley,& Cook, 1952, p. Journal of Negro Education, 8, 264-275. D. Morris, A. Journal of Social Issues, 8, 29-44. The landmark case of Brown v. He acknowledgesthe emotionally-charged nature of race relations and attributes this toerrors and rigidities of folkways, instinct, and habit (Clark, 1953, p.76). Supreme Court of the United States (1952, October). The socialization of the American Negro child andadolescent. (1981, November). Dr. Clark's thoughtful essay, "The Social Scientists and the BrownDecision," continues the evolvement of intelligent thought in the area ofsociological date for adjudication. He boldly challenged the Court to grant tothe Negro the rights to equal education as called for by federal law (Fri1969, p. v). 34-1).The Clarks point out the difficulties in a situation where the black childrejects his race and, at the same time, is identified with his own race.This profound conflict causes various forms of escape in young children,and the authors plea for a more wholesome education for better educationand mental hygiene for Negro children. Appendix toAppellants' Briefs: The Effects of Segregation and the Consequences ofDesegregation: A Social Science Statement. He asks the readers to redouble their efforts toward theobliteration of racism, wherever it appears. vi). B. A. viii). P. United Statescommission on Civil Rights. (Editor) (1969). 17). Board of Education was one ofthe most important governmental acts in this century. (1952). (1952). 21).Experimental research has little place in the courtroom, but correlationalresearch, as long as the methodology is sound, brings much usefulinformation to the participants in the judicial process. With All Deliberate Speed: 1954-19?? Niklas Luhmann views law as a closed system which much be capable oforienting itself to differences. It is even more remarkable thattheir applicability to legal justice was recognized and acted upon by theSupreme Court. Journal of SocialIssues, 8, 1 -17. It is the purpose of thispaper to summarize several of the articles relating to the Brown v. (1978). Justifying law. Journal of Social Issues, IX, (4), 69-76. Arval Morris' casebook, The Constitution and AmericanEducation, reiterates the importance of education as a prime function ofthe state and local government. In this piece, the authors summarize their research in which it wasfound that young black children, ages three to seven, have a well-developedsense of racial difference and that each successive year brings a strongerknowledge and belief in those differences (Clark & Clark, 195 , p. Saks and Hastiecall for a much greater exchange in the connections between the socialsciences and legal justice institutions. The school is recognizedas a chief agency for transmitting culture to society's children, andtherefore, it is of paramount importance that care be taken in guardingagainst attitudes of superiority and inferiority (Delano, 1952, p. Donald Irish found that living in close proximity with someone of adifferent race or nationality has the effect of increasing understanding ofthat type of person (1952, p. The Constitution and American education,Second Edition. Other research cited in the Brown v. Often compared tothe Dred Scott case and the Emancipation Proclamation, it affected millionsof school children throughout the United States and acted as a catalyst fora significant social movement (Friedman, 1969, p. Davis notes thatsociologists have pointed out that Negros are often criticized because ofhaving illegitimate children or leaving their mates, but whites do the samething, just in fewer quantities (Davis, 1939, p. Minard, R. Oliver Brown vs.Board of Education of Topeka, Shawnee County, Kansas.Brief for Appellants. They note that the field of law is rather conservative in the areaof using scientific information and could profit from more exchange withthe social sciences (Saks & Hastie, 1978, p. Clark and Clark's "Emotional Factors in Racial Identification andPreference in Negro Children" appeared in The Journal of Negro Education in195 . As such, this function serves to awakenthe child to cultural values which will help him or her adjust to theenvironment in a beneficial manner. He calls for overlooking these frailties and moving towards improvedfuture changes in relations between the races. Social psychology in court.New York: Van Nostrand Reinhold Company. The testimony of Dr. Kenneth Clarkand a rather lengthy Social Science Statement was presented as an appendixto the plaintiffs' briefs. 52), and the 1981 publication concludes thatdesegregation is the law of the land. In a similar vein, and appearing even earlier, "The Socialization ofthe American Negro Child and Adolescent" summarizes in social patterns inblack families as compared with white families. References Belliotti, R. It is part ofthe realm of law to examine the moral and legal beliefs of the community benoting actual conventions of the society (Belliotti, 1992, p. Supreme Court of the United States (1952, October). Some implications for a theory of socialchange. There is a fundamental distinction between experimentalmethods and correlational methods (Saks & Hastie, 1978, p. (1953). Theirincomes, education, and legal protection require dramatic change in orderfor the experiences of the children to be equal to that of white children(Davis, 1989, p. Wilner, D. Irish, D. 283). Part of the role of dispassionate inquiry isthe examination of information regarding societal consensus. Davis, A. Clark, in his forward-thinking writing concerning social change and race relations, notes thatgenerally internal change results from external necessity. The legalsystem must maintain self-reference in all of its operations. It is no accident that these changesoccurred during the maturing of the disciplines of psychology and sociologyas distinct, scholarly disciplines. J., & Hastie, R. xlix). Board case. Davisnotes that in order to change and improve the training of Negro children,it is important to improve the work opportunities for parents. They make a distinction between two types of scientific experiments,which is important to note when considering the use of sociological data inadjudication. W. (1952). Statement of the United States Commission on Civil Rights on SchoolDesegregation (1982, December). Kenneth B. These new realms of human intelligencebring important credibility and information to the field of justice. Board case is simply that social science arguments support the mainpoint of the inherent dangers of racism. 731).This article, which is heavily footnoted with legal and sociologicalevidence, summarizes desegregation efforts in the south and the resultinggradual lessening of racial tension. Research at thattime revealed a higher rate of illegitimacy, juvenile delinquency, maritaldesertion, and difficulties in school among blacks. Delano appeared in The Yale Law Journal after theBrown v. Lohmann, N. Argument: The oral argument beforethe Supreme Court in Brown v. 2). (1939). Board case includes earlystudies by Wilner, Minard, Kenneth Clark, and others. Sociological Data in Adjudication: Brown v. Delano notes the significance of the ruling in thatsocial scientists consider segregation to be a form of racialdiscrimination, even in the elementary schools. (195 ). Part of thisresponsible situating within the environment that is served is constantgleaning of relevant information of which sociological data is one type.This is part of the learning that Luhmann mentions that has to take placein order for the field of law to perform its designated tasks. The court did not linger long on this aspect ofthe case, but the sociological data was an important part of the dramaticoutcome of the case (Friedman, 1969, p. His intelligent conclusion isthat the raging separatism is itself.a symptom of the effects ofsegregation. It should be accepted, and thedebate should end (1981, p. (1985). Reactions of residents of Boulder, Coloradoto the introduction of Japanese into the community. Paul: West Publishing Company. 265). (1992). 229).Societal presuppositions are constantly changing, and institutions, as theychange reveal themselves in research and finally in the courts of law.Societal presuppositions may seem elusive, but it is important to maintainthe effort to continually examine the masses of conflicting principleswhich juxtapose themselves in relation to one another in the field of law. Journal of SocialIssues, 8, 45-69. Friedman, L. There was anelement of shared ownership of the prostitutes in the city of Corwin thatled to mingling and improved communication between blacks and whites(Minard, 1952, p. Thurgood Marshall focused on the logic of graduate school cases whichfashioned new legal principles regarding Negro students in white colleges,the beginnings of the changes in segregated patterns in the military andother aspects of American life. St. Such behavior goes without noticeor punishment within his race, and it becomes natural to imitate it. Davis notes the practicalimplications of the experiences of a child who often observes violence inthe home and playing hookey from school. Board case and the concept of "separate but equal." The 1982 publicationasserts that the Brown case provided a foundation for the courts toprohibit officially sanctioned racial discrimination in almost every areaof American life (1982, p. Thesewriters ask for even more interaction between legal and scientific decisionmakers. He responds to the black outrage andseparatism and pleads that no one can build solid pride on the "quicksandsof emotion, anger, rage, and hatred" even if such feeling is justified(Clark, 1969, P. That is, it must have and produce learning capacity (Luhmann,1985, p. 44). It has to be exposed to the environmentin order to function and perform its tasks. A sociological theory of law. Clark, K. B., & Clark, M. Grade school segregation: The latest attack onracial discrimination. There is a lengthy tradition of psychiatrists andpsychologists testifying regarding the condition of defendants. Belliottiasks for objectivity in the field of law, acknowledging that always thereneeds to be a bridge between complete objectivity and human relativity.Information about various aspects of human nature serve as starting pointsto connect facts to a moral order (Belliotti, 1992, p. In this unusual case, sociological sources were cited as evidenceregarding the harmful effects of requiring that Negro children attendseparate schools from white children. As such, the presence of segregationis detrimental to both white and black children who are exposed tounfairness (Mortis, 1979, p.
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