JURI 2990 Exam #2 Questions With
Correct Answers
How would you characterize the views of liberal ROL theorists on the relationship
| | | | | | | | | | | | |
of the legal system to social needs?
| | | | | |
- Law is a functional response to social needs b/c indiv freedom, rationality, and
| | | | | | | | | | | | | |
progress are all inherently linked | | | |
- Durkheim believes that the legal system you have is created by the society you
| | | | | | | | | | | | | | |
have. While not all people are the same, the ROL leads to functional responses
| | | | | | | | | | | | | |
(ppl compromising for public good as a whole)
| | | | | | | |
- Law and ROL are functional to the needs of society.
| | | | | | | | | |
- Mechanical vs. Organic Solidarity: Durkheim argued that premodern societies
| | | | | | | | | |
are held together by "mechanical solidarity" (shared values and high moral
| | | | | | | | | | |
consensus), whereas modern societies rely on "organic solidarity"
| | | | | | | |
(interdependence caused by a complex division of labor). | | | | | | |
- Repressive Law: In premodern societies, violations of the "collective conscience"
| | | | | | | | | |
|(deeply shared values) trigger passionate, punitive reactions meant to reinforce
| | | | | | | | | |
social boundaries. |
,- Restitutive Law: In modern, diverse societies, the law focuses on "restitutive"
| | | | | | | | | | | |
sanctions that seek to restore the status quo and maintain harmony between
| | | | | | | | | | | |
interdependent parties. |
- Shift in Social Units: Maine proposed that legal systems evolve through
| | | | | | | | | | | |
definitive stages as the primary unit of social organization shifts from the
| | | | | | | | | | |
|clan/family (status-based) to the individual (contract-based).
| | | | |
- Progressive Civilization: Maine viewed the movement from "Status to
| | | | | | | | | |
Contract"—where individuals enter free agreements rather than being bound by| | | | | | | | | |
inherited social positions—as the defining quality of progressive civilizations.
| | | | | | | |
How would a Marxist explanation differ of a liberal characterization of the
| | | | | | | | | | | |
relationship between the legal system and societal needs?
| | | | | | |
- Marxism rejects the idea that society has shared values and that this is
| | | | | | | | | | | | | |
something we should focus on how ppl differ in order to have a better society.
| | | | | | | | | | | | | | |
- Conflict Views of Society: Marx believes that ROL/law responding to dominating
| | | | | | | | | | | |
class/capitalists’ interests |
- Social Structure: Important to see that people not situated the same. Govt/ROL
| | | | | | | | | | | | |
responds differently to various people divided in society. This is why it has taken
| | | | | | | | | | | | | |
so long for classes to move up
| | | | | |
, What are the 4 important characteristics of Marxism?
| | | | | | |
1. Alienation
|
2. Exploitation
|
3. Base and Superstructure
| | |
4. False Consciousness
| |
What is alienation?
| |
- Results of the capitalism production process where producers are separate from
| | | | | | | | | | |
|their product and used as "human machinery" who have no say in what they're
| | | | | | | | | | | | | |
producing.
- Specialization and lack of control workers have on resources/way of life leads to
| | | | | | | | | | | | | |
alienation
- Precapitalist society in control of work, profit, etc.
| | | | | | | |
- In factory, 1 repetitive task with no share in company. Think Severance
| | | | | | | | | | | |
What is exploitation?
| |
- People work for wages, no ownership
| | | | | |
Correct Answers
How would you characterize the views of liberal ROL theorists on the relationship
| | | | | | | | | | | | |
of the legal system to social needs?
| | | | | |
- Law is a functional response to social needs b/c indiv freedom, rationality, and
| | | | | | | | | | | | | |
progress are all inherently linked | | | |
- Durkheim believes that the legal system you have is created by the society you
| | | | | | | | | | | | | | |
have. While not all people are the same, the ROL leads to functional responses
| | | | | | | | | | | | | |
(ppl compromising for public good as a whole)
| | | | | | | |
- Law and ROL are functional to the needs of society.
| | | | | | | | | |
- Mechanical vs. Organic Solidarity: Durkheim argued that premodern societies
| | | | | | | | | |
are held together by "mechanical solidarity" (shared values and high moral
| | | | | | | | | | |
consensus), whereas modern societies rely on "organic solidarity"
| | | | | | | |
(interdependence caused by a complex division of labor). | | | | | | |
- Repressive Law: In premodern societies, violations of the "collective conscience"
| | | | | | | | | |
|(deeply shared values) trigger passionate, punitive reactions meant to reinforce
| | | | | | | | | |
social boundaries. |
,- Restitutive Law: In modern, diverse societies, the law focuses on "restitutive"
| | | | | | | | | | | |
sanctions that seek to restore the status quo and maintain harmony between
| | | | | | | | | | | |
interdependent parties. |
- Shift in Social Units: Maine proposed that legal systems evolve through
| | | | | | | | | | | |
definitive stages as the primary unit of social organization shifts from the
| | | | | | | | | | |
|clan/family (status-based) to the individual (contract-based).
| | | | |
- Progressive Civilization: Maine viewed the movement from "Status to
| | | | | | | | | |
Contract"—where individuals enter free agreements rather than being bound by| | | | | | | | | |
inherited social positions—as the defining quality of progressive civilizations.
| | | | | | | |
How would a Marxist explanation differ of a liberal characterization of the
| | | | | | | | | | | |
relationship between the legal system and societal needs?
| | | | | | |
- Marxism rejects the idea that society has shared values and that this is
| | | | | | | | | | | | | |
something we should focus on how ppl differ in order to have a better society.
| | | | | | | | | | | | | | |
- Conflict Views of Society: Marx believes that ROL/law responding to dominating
| | | | | | | | | | | |
class/capitalists’ interests |
- Social Structure: Important to see that people not situated the same. Govt/ROL
| | | | | | | | | | | | |
responds differently to various people divided in society. This is why it has taken
| | | | | | | | | | | | | |
so long for classes to move up
| | | | | |
, What are the 4 important characteristics of Marxism?
| | | | | | |
1. Alienation
|
2. Exploitation
|
3. Base and Superstructure
| | |
4. False Consciousness
| |
What is alienation?
| |
- Results of the capitalism production process where producers are separate from
| | | | | | | | | | |
|their product and used as "human machinery" who have no say in what they're
| | | | | | | | | | | | | |
producing.
- Specialization and lack of control workers have on resources/way of life leads to
| | | | | | | | | | | | | |
alienation
- Precapitalist society in control of work, profit, etc.
| | | | | | | |
- In factory, 1 repetitive task with no share in company. Think Severance
| | | | | | | | | | | |
What is exploitation?
| |
- People work for wages, no ownership
| | | | | |
