UGA Juri 2990 Exam 3 Questions With
Correct Answers
Who are the lawmakers in the law and society tradition?
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ANYONE who influences the way the state uses its authority is a law maker
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what is positivistic law?
| | |
looking at law as it IS, not looking at the ethics of the law or how it should be. law
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|that is made by recognized authorities using the proper channels is law.
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are law and society thinkers positivistic?
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no. they do not look at law as a neutral entity, they look far more at the power
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that influences it.
| |
How does the law and society tradition differ from liberalism in a definition of
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law?
law and society - law is socially constructed and unevenly applied based on
| | | | | | | | | | | | |
politics and power | |
liberalism - law is neutral, equally applied to all,
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,how does law and society tradition differ from liberalism in a definition of rights?
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law and society - formal equality isn't real equality and outcomes change based
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on resources and power
| | |
liberalism - every individual has equal rights, meaning that the outcomes must be
| | | | | | | | | | | |
|fair
how does law and society differ from liberalism in defining the legal process?
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law and society - lawmaking is shaped by interest groups, lobbying, etc and courts
| | | | | | | | | | | | |
|are shaped by bias and culture
| | | | |
liberalism - lawmaking is ratinonal and democratic, with neutral courts and
| | | | | | | | | | |
legislation reflecting the will of the people
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What are the four theories of legislation in the law and society tradition?
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1. Rationalistic, 2. Functionalist, 3. Conflict, 4. Moral/political entrepreneur.
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What does law and society scholarship suggest about the rule of law in the US?
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It is more a prediction of government officials' authority use than an objective
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source of authority. | |
What's wrong with the "I'm just a bill" idea according to l+s?
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, nothing gets passed without an aggregation of interests or sufficient political
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support
why/when do protests work? | | |
- when they represent a credible threat to the system and those who make laws
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(or their power)
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- think about how the march on Washington worked
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What influences the law-making process according to law and society
| | | | | | | | | |
scholarship?
Interest groups, public opinion, professional expertise, mass media, and protests.
| | | | | | | | |
How do law and society scholars evaluate the rule of law in the US?
| | | | | | | | | | | | |
By examining the 'law in action' rather than 'law in the books'.
| | | | | | | | | | |
What is an example of the separation between 'law in the books' and 'law in
| | | | | | | | | | | | | | |
action'?
Speed limits where actual enforcement may allow higher speeds.
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Correct Answers
Who are the lawmakers in the law and society tradition?
| | | | | | | | |
ANYONE who influences the way the state uses its authority is a law maker
| | | | | | | | | | | | |
what is positivistic law?
| | |
looking at law as it IS, not looking at the ethics of the law or how it should be. law
| | | | | | | | | | | | | | | | | | |
|that is made by recognized authorities using the proper channels is law.
| | | | | | | | | | |
are law and society thinkers positivistic?
| | | | |
no. they do not look at law as a neutral entity, they look far more at the power
| | | | | | | | | | | | | | | | | |
that influences it.
| |
How does the law and society tradition differ from liberalism in a definition of
| | | | | | | | | | | | | |
law?
law and society - law is socially constructed and unevenly applied based on
| | | | | | | | | | | | |
politics and power | |
liberalism - law is neutral, equally applied to all,
| | | | | | | |
,how does law and society tradition differ from liberalism in a definition of rights?
| | | | | | | | | | | | |
law and society - formal equality isn't real equality and outcomes change based
| | | | | | | | | | | | |
on resources and power
| | |
liberalism - every individual has equal rights, meaning that the outcomes must be
| | | | | | | | | | | |
|fair
how does law and society differ from liberalism in defining the legal process?
| | | | | | | | | | | |
law and society - lawmaking is shaped by interest groups, lobbying, etc and courts
| | | | | | | | | | | | |
|are shaped by bias and culture
| | | | |
liberalism - lawmaking is ratinonal and democratic, with neutral courts and
| | | | | | | | | | |
legislation reflecting the will of the people
| | | | | |
What are the four theories of legislation in the law and society tradition?
| | | | | | | | | | | |
1. Rationalistic, 2. Functionalist, 3. Conflict, 4. Moral/political entrepreneur.
| | | | | | | |
What does law and society scholarship suggest about the rule of law in the US?
| | | | | | | | | | | | | |
It is more a prediction of government officials' authority use than an objective
| | | | | | | | | | | | |
source of authority. | |
What's wrong with the "I'm just a bill" idea according to l+s?
| | | | | | | | | | |
, nothing gets passed without an aggregation of interests or sufficient political
| | | | | | | | | | |
support
why/when do protests work? | | |
- when they represent a credible threat to the system and those who make laws
| | | | | | | | | | | | | | |
(or their power)
| |
- think about how the march on Washington worked
| | | | | | | |
What influences the law-making process according to law and society
| | | | | | | | | |
scholarship?
Interest groups, public opinion, professional expertise, mass media, and protests.
| | | | | | | | |
How do law and society scholars evaluate the rule of law in the US?
| | | | | | | | | | | | |
By examining the 'law in action' rather than 'law in the books'.
| | | | | | | | | | |
What is an example of the separation between 'law in the books' and 'law in
| | | | | | | | | | | | | | |
action'?
Speed limits where actual enforcement may allow higher speeds.
| | | | | | | |
