Podcast
Questions and Answers
What does the "law on the books" refer to?
What does the "law on the books" refer to?
- The codified, written, and formal version of law. (correct)
- The influence of human factors on the application of law.
- The actual application of laws by legal actors like police.
- The way in which laws are interpreted and used to solve specific conflicts.
According to the content, what is the main focus of legal positivism?
According to the content, what is the main focus of legal positivism?
- The objective and impartial nature of legal processes. (correct)
- The application of law in real-world scenarios.
- The impact of social and economic factors on the law.
- The values and principles underlying legal systems.
What is the "rule of law" principle, as described in the content?
What is the "rule of law" principle, as described in the content?
- The concept that the law is a tool for social control and order.
- The principle that the law applies equally to everyone, regardless of their status. (correct)
- The belief that laws should reflect the will of the majority.
- The idea that laws should always be based on tradition and precedent.
What is NOT a central theme of the Official Version of Law?
What is NOT a central theme of the Official Version of Law?
Which of the following best represents the 'law in action'?
Which of the following best represents the 'law in action'?
What was Durkheim's perspective on the function of law in society?
What was Durkheim's perspective on the function of law in society?
According to Marx, what is the primary basis for social interaction?
According to Marx, what is the primary basis for social interaction?
How do postmodern and critical race scholars view the interpretation of law?
How do postmodern and critical race scholars view the interpretation of law?
What did Durkheim suggest about the relationship between law and societal behavior?
What did Durkheim suggest about the relationship between law and societal behavior?
What is a key criticism of capitalism according to Marx's view of law?
What is a key criticism of capitalism according to Marx's view of law?
Flashcards
Official Version of Law (OVL)
Official Version of Law (OVL)
The official version of law, presented as impartial, neutral, and objective in resolving social conflicts.
Legal Positivism
Legal Positivism
A legal theory that emphasizes the focus on facts over values when applying the law.
Like Cases, Like Treatment
Like Cases, Like Treatment
The principle that similar cases should be treated similarly, ensuring predictability, consistency, and certainty in the law.
Rule of Law
Rule of Law
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Functionalist Approach to Law
Functionalist Approach to Law
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Organic Solidarity
Organic Solidarity
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Law's Function
Law's Function
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Conflict Theory of Society
Conflict Theory of Society
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Law as an Instrument of Power
Law as an Instrument of Power
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Postmodern Critique of Law
Postmodern Critique of Law
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Study Notes
Overview of Legal Theory
- Legal theory examines the nature of law, its functions, and its relationship with society.
- The "Official Version of Law" (OVL) portrays law as impartial, neutral, and objective, represented by Lady Justice.
- Lady Justice exemplifies these principles through a blindfold (no bias), scales (equitable decisions), and a sword (enforcement).
Legal Positivism
- Legal positivism emphasizes the importance of facts over values in legal proceedings.
- Consistent application of the law is prioritized.
Rule of Law and Liberalism
- Rule of law dictates that everyone is subject to the law, and the law treats everyone equally.
- Liberalism, as part of legal thought, values rationality and the importance of individual rights
Functionalist Approach
- The functionalist approach to law explores how law maintains social order and stability.
- It differentiates between "law on the books" (codified law) and "law in action" (how the law is applied in practice).
Conflict Theory (Marxist Approach)
- Marx argued that law reflects the interests of the ruling class, not impartiality
- Society is structured by conflict, and the law supports those already in power
Postmodern and Critical Race Theory
- Challenges the official version of law arguing that law is influenced by, and helps construct, social norms.
- Justice is not universal, but culturally and socially influenced.
- Different interpretations of law arise from diverse backgrounds and social conditions.
- Postmodern and critical race scholars argue that there's no single, objective standard for justice and fairness.
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