Sociological Jurisprudence Overview

False (B)

Repressive and restitutive

<p>solidarity</p> Signup and view all the answers

<p>Restitutive Law (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Mechanical solidarity</p> Signup and view all the answers

<p>Repressive Law = Indicates mechanical solidarity Restitutive Law = Focuses on restoring relations Division of Labor = Creates social interdependence Custom = Basis of law</p> Signup and view all the answers

<p>Organic solidarity (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>The social reality of law in all its dimensions (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Legal norms are rules observed by members of an association without compulsion.</p> Signup and view all the answers

<p>repressive</p> Signup and view all the answers

<p>contract</p> Signup and view all the answers

<p>Restitutive law = Reflects mutual dependence in specialized societies Mechanical solidarity = Common in societies with little labor division Legal norm = Rule observed without compulsion Association = A group formed for a specific social purpose</p> Signup and view all the answers

<p>society</p> Signup and view all the answers

<p>Henry Sumner Maine = Transition from status to contract Karl Marx = Base and superstructure theory Max Weber = Law reflects social relations Sociological Jurisprudence = Legal institutions as social control</p> Signup and view all the answers

<p>Lack of specialization (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>It advocates for legal institutions as means of improving social control. (A)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>Legal norms exist in the form of social practice, even without formal legal propositions.</p> Signup and view all the answers

<p>The base influences and shapes the superstructure.</p> Signup and view all the answers

<p>Enforcing established laws uniformly across cases (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>The primitive judge served as a charismatic figure drawing on magical inspiration to decide cases.</p> Signup and view all the answers

<p>capitalist</p> Signup and view all the answers

<p>Formal Rationalization = Decisions based on established laws Substantive Rationalization = Focus on achieving just outcomes Primitive Judge = Charismatic figure influenced by magic Legal Experts = Professionals ensuring legal certainty</p> Signup and view all the answers

<p>Substantive rationalization allows for personal judgment in legal decisions. (D)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Consensus refers to the shared expectations among individuals regarding conduct that arise from collective habits.</p> Signup and view all the answers

<p>Women are rational autonomous individuals entitled to the same rights as men. (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>The legal system fails to reflect the way women live their lives and think about life.</p> Signup and view all the answers

<p>sameness</p> Signup and view all the answers

<p>Liberal Feminism = Equality between men and women Cultural Feminism = Differences between men and women</p> Signup and view all the answers

<p>Masculine values shape the legal system. (D)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>They advocate for equal treatment of women and men by the law.</p> Signup and view all the answers

<p>The law must be knowable and reasonably stable (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Panopticism</p> Signup and view all the answers

<p>contractual arrangements</p> Signup and view all the answers

<p>Natural rights theorists = Emphasize inherent rights of individuals Utilitarian thinkers = Focus on the greatest happiness for the greatest number Classical liberals = Advocate for a minimal state Welfare-state liberals = Support state intervention to promote welfare</p> Signup and view all the answers

<p>Anti-capitalist and anti-liberal intellectual revolt (B)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>The state is inevitable but should be restrained.</p> Signup and view all the answers

The part of sociology that analyzes the social aspects of law, going beyond formal legal systems.

Using sociology to improve legal systems and make them better serve society's needs.

Includes formal laws, customs, moral codes, and internal group rules.

Economic factors (base) shape social institutions (superstructure), including laws.

Law evolves according to the changing economic production methods of a society.

Legal systems progress from traditional/magical to rational forms.

Legal systems shift from status-based to contract-based relationships.

Law extends beyond state-made rules to include all social controls.

The process of making laws more systematic, predictable, and based on established rules, often tied to economic and bureaucratic needs.

Recurring patterns of behavior among people, often arising from unconscious agreement and expectations, forming a foundation for law.

Application of law based on established rules and procedures, limiting judges' subjective discretion.

Application of law that prioritizes fairness and what is considered just, often departing from formal rules.

A judge in a pre-industrial society, often relying on magical inspiration for decision-making.

The primary method for legal change in primitive societies, through rulings on specific cases.

Professionals specializing in law, arising in societies with complex or formalized systems.

The predictability and consistency of laws, crucial for capitalist economies and contractual rights.

Law safeguards not only economic interests but also personal security, moral values like honor, and societal structures like political, religious, and family organizations.

Weber argued that a modern economic system cannot function without a strong legal framework enforced by a state with monopoly power.

A collection of individuals becomes a society through interdependence and shared bonds. The division of labor plays a key role in creating social solidarity.

The division of labor not only creates efficiency but also brings people together in a diverse society, fostering social solidarity.

Durkheim believed law reflects the current state of a society and its social solidarity.

Custom is usually the foundation of law, but when law fails to align with society, custom can oppose it.

Repressive sanctions involve punishment, while restitutive sanctions aim to restore the situation to its pre-violation state.

Repressive law reflects a mechanical form of solidarity (strong similarity), while restitutive law indicates an organic form (division of labor).

Social cohesion based on interdependence due to specialization and division of labor. Individuals rely on each other for survival.

Social cohesion based on shared beliefs, values, and traditions in societies with less division of labor. Everyone is similar and relies on the same customs.

Law in societies with organic solidarity, focused on restoring order and repairing harm. It emphasizes restoring the situation to normalcy after a disruption.

Law in societies with mechanical solidarity, focused on punishment for deviance from shared norms. Actions against collective values are harshly punished to maintain social order.

A rule observed by members of a group or association without external compulsion. It emerges from social practice and binds the group.

A formal legal rule found in written law or legal codes, often created by the state.

In legal judgments, judges consider not only legal propositions but also moral principles, social policy considerations.

The state is just one association among many in society, albeit the most powerful one.

This perspective emphasizes power dynamics and the intricate web of discourses (ideas and ways of talking) that shape societal structures. It highlights how these discourses influence our understanding of the world and how we categorize individuals.

A metaphor used by Foucault to describe modern society's constant surveillance and scrutiny of individuals. It refers to the feeling of being constantly observed, even when we don't know who is watching.

A school of thought that prioritizes individual liberty as the cornerstone of political and legal systems. It aims to ensure freedom and protect individuals from arbitrary state power.

Proponents of limited government intervention. They advocate for a minimal state that primarily focuses on protecting individual rights and freedoms.

They believe that the state is unnecessary and that individuals can manage all societal services through voluntary agreements and contracts.

A fundamental principle that ensures fairness and predictability in legal systems. It emphasizes that everyone is subject to the law, not arbitrary decisions.

Liberalism values the rule of law as a means of securing individual liberty. It emphasizes the importance of constitutional checks and balances to protect against government overreach.

A legal theory that challenges traditional legal doctrines and emphasizes the role of power in shaping legal systems. It critiques the perceived bias within law and its contribution to societal inequalities.

Every legal case is distinct and requires individual judgment, exceeding the scope of pre-defined rules.

A judge doesn't just mechanically apply rules; they analyze the rule's meaning and how it fits the specific case.

Applying rigid rules to unique situations might not be fair or just, implying that justice goes beyond simple rule-following.

If language is inherently ambiguous, then the creation of perfectly clear and universally applicable legal rules seems difficult.

This legal theory critiques traditional law for its biased treatment of women. It argues for equal rights and opportunities for women.

A key debate in feminist jurisprudence: should the law treat men and women the same, or acknowledge their differences and needs?

It argues that law reflects masculine values, failing to account for women's experiences and priorities.

Cultural feminism sees women as more nurturing, caring, and focused on others' needs than men. It believes law should reflect this.