CJL3038 Exam 3 Exam with
complete solutions latest version
Functionalism Approach - CORRECT ANSWER--Consensus paradigm
-Theory of order, stability, how society is possible
-Rooted in biological sciences
-Society= organism that is constantly growing and evolving
-Change in one system --> change in another
-Everything is interrelated so all parts have to work together
Functionalism basic tenants - CORRECT ANSWER--Societies must be analyzed as
systems of interrelated parts
-Social systems are in a state of dynamic equilibrium (balanced with each other)
-Perfect integration is never attained (every social system has strains and deviations)
-Change is a fundamentally slow and adaptive process
-Change is the consequence of the adjustment of changes outside of the system
(growth by differentiation and internal innovation)
-System is integrated through shared values
Functionalist changes outside of the system - CORRECT ANSWER--Big world events
that lead to changes in the law
-We consent to this change because we desire public safety
-ex: 9/11 leading to increased airport security laws
Functionalist growth by differentiation - CORRECT ANSWER--As society becomes too
large and complex, responsibilities become too much for one person to handle
-ex: Instead of having tribal leaders do everything, delegate leadership responsibilities
to many within the society
Functionalist internal innovation - CORRECT ANSWER--As we create more things,
those creations have consequences for society
-ex: drug laws (as new drugs are created, new laws come out to police those drugs)
Functionalist shared values of society - CORRECT ANSWER--Norms
-Desire to survive and be stable
-Work towards being prosperous and becoming a better society
BRAINSCAPE1
, BRAINSCAPE1
-Rule of law and principles of a democracy allow our society to develop an agreed upon
norm
-Most tension in society is seen when we argue what the procedure should be
Positivist approach - CORRECT ANSWER--Emile Durkeim
-Scientific, rational approach interested in establishing causality
-Law is a measure of the type of solidarity found in a society
-Repressive vs restitutive law
-Deviance is necessary
Solidarity - CORRECT ANSWER--Persistent and ongoing expectations people establish
with one another that allow them to take their social world for granted
-We believe we will be treated fairly bc of these agreed upon norms of how we behave,
we dont think much about it
-Ignore laws until they are violated
T/F Law is a formal way of thinking about or exemplifying solidarity - CORRECT
ANSWER-TRUE
Mechanical solidarity - CORRECT ANSWER--Seen in primitive or emerging legal
systems
-Social interdependence based on commonly shared beliefs and strong group beliefs
-Simple division of labor
-procedural vs substantive law
-everyone has a part of est the law and solving disputes
-simple organism: indivs are mosly functionally equivalent and substituable
Organic solidarity - CORRECT ANSWER--What we have evolved to in our modern legal
system
-Form of social interdependence based on differentiated and specialized division of
labor
-Complex organism w/ parts that are no longer interchangeable (ex: doctor is not
interchangeable w a religious leader)
Repressive law - CORRECT ANSWER--Primitive or emerging legal sys
-Consequence of mechanical solidarity
-Revolves around punishing the criminal for the crime and restoring the harm caused to
the social order
-ex: cheyenne way buffalo case
Restitutive law - CORRECT ANSWER--Modern legal system
-Restorative
-More about bringing back the social order rather than punishing the criminal for
wrongdoing
-Brings back social order and group cohesion after upset of the crime
-ex: juvenile justice sys
BRAINSCAPE1