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Questions and Answers
Which theory emphasizes the importance of judging actions based on the process and means used, rather than solely on the outcome?
Which theory emphasizes the importance of judging actions based on the process and means used, rather than solely on the outcome?
Which of these theories is most closely aligned with the idea that law should adapt and evolve based on societal changes and the experiences of judges?
Which of these theories is most closely aligned with the idea that law should adapt and evolve based on societal changes and the experiences of judges?
Which of these theories considers the law's primary function to be maintaining social order and stability by enforcing norms?
Which of these theories considers the law's primary function to be maintaining social order and stability by enforcing norms?
Which theory emphasizes the role of law in perpetuating racial inequalities and the power dynamics they reflect?
Which theory emphasizes the role of law in perpetuating racial inequalities and the power dynamics they reflect?
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Which theory emphasizes economic relationships and the distribution of power as key factors influencing the development and application of law?
Which theory emphasizes economic relationships and the distribution of power as key factors influencing the development and application of law?
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Which of the following is NOT a characteristic of a premodern legal system?
Which of the following is NOT a characteristic of a premodern legal system?
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What is the primary difference between natural law and legal positivism?
What is the primary difference between natural law and legal positivism?
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According to the conflict perspective, how do laws function in society?
According to the conflict perspective, how do laws function in society?
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Which legal philosophy emphasizes the importance of evaluating laws based on their effectiveness in achieving societal goals?
Which legal philosophy emphasizes the importance of evaluating laws based on their effectiveness in achieving societal goals?
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Which of the following is a key difference between 'law on the books' and 'law in action'?
Which of the following is a key difference between 'law on the books' and 'law in action'?
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Flashcards
Values
Values
Core beliefs that guide behavior in society.
Norms
Norms
Actions based on social situations, guiding conduct.
Mores
Mores
Strongly held beliefs about right and wrong in society.
Legal Positivism
Legal Positivism
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Sociological Jurisprudence
Sociological Jurisprudence
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Critical Race Theory
Critical Race Theory
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Utilitarianism
Utilitarianism
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Categorical Imperative
Categorical Imperative
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Legal Realism
Legal Realism
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Common Law
Common Law
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Study Notes
Chapter 1 Reading
- Approaches to Defining Law:
- Law and official authority: governmental control (Donald Black)
- Law in action: court interpretations (Oliver Wendell Holmes)
- Law and physical force: enforcement through punishment (E. Adamson Hoebel)
- Law, coercion, and specialization: official enforcers (Max Weber)
- Law and justice: meeting moral standards (Philip Selznick)
- Law and social integration: social relationships (Bronislaw Malinowski)
- Law and custom: customs becoming law (Paul Bohannan)
Functions of Law
- Social control: maintaining order (e.g., library fees)
- Dispute resolution: resolving conflicts (e.g., holidays)
- Social change: promoting progress (e.g., seat belt laws)
Dysfunctions of Law
- Bias, repression, rigidity and unequal access to justice
- Impeding social progress
Perspectives on Law
- Consensus perspective: society shares values that promote cooperation (laws- Pound).
- Conflict perspective: society competes using power and control to establish (laws-conflict).
Chapter 1 Questions
- Differences between norms, mores, and folkways
- Three approaches to defining law
- Characteristics of common law, civil law, and international law
- Function of law in society
- Dysfunctions of law
- Distinctions between legal doctrine, jurisprudence, and law and society
- Consensus vs. conflict views of law
Chapter 2 Reading
- Legal System Requirements: laws, legislation, enforcement, dispute resolution
- Phases of Legal System Evolution: premodern (hunter-gatherer & agricultural) to modern (regulating property, employment, commerce)
- Legal Philosophies:
- Natural law: universal moral principles
- Legal positivism: laws from sovereign authority
- Methods to Study Law and Society:
- Sociological jurisprudence: societal needs and adapting law.
- Local realism: difference between law on the books and practice.
- Critical legal studies/ critical race theory: Law maintaining social structures.
- Utilitarianism: maximizing pleasure is consequential.
- Categorical imperative: process is just as important as the outcome,
- Sociological theory: relationship between economic factors and law and societal interaction
- Legal realism: who rules defines law based on experience and practice.
- Functionalism: stability for law to be effective.
- Legal behaviorism: different punishments for different actions.
- Libertarianism: laws are unjust when controlling behavior, allowing individual freedoms.
- Critical legal studies/critical race theory (Hunt): law is influenced by politics, focusing on victimization.
American Legal System Overview
- Law as a set of guidelines: applies to human behavior when violated.
- Sources of law:
- Common law: judge-made laws, adaptable to changes.
- Statutory law: legislative laws in codes.
- Constitutional law: outlines government powers and general rights.
- A legal system based on utilitarianism : Maximizing well-being through universal coverage of services.
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Description
Explore the fundamental concepts of law in Chapter 1, focusing on various approaches to defining law and its essential functions like social control and dispute resolution. This quiz also delves into the perspectives on law and its potential dysfunctions in society. Test your understanding and knowledge of legal principles and theories.
