CJL3038 EXAM 4 QUESTIONS AND
ANSWERS. VERIFIED 2025/2026.
Marxist Approach Perspective Type - ANS Conflict Perspective/Paradigm
Elitist Conflict Model
Marxist Approach Assumption of Social Behavior - ANS best understood in terms of tension &
conflict btwn groups/indvs
- Struggle of scarce commodities
- Economic Determinism
Economic Determinism (MA) - ANS economic organization determines organization of rest of
society → especially ownership of PROPERTY
Marxist Approach Organization of Society - ANS class structure, values, beliefs = reflect
societal organization
Marxist Approach Table Analogy - ANS Table Top = economic organization & structures
Table Legs = values & systems of society that support societal organization
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,Marxist Approach to Legal System - ANS Laws & Legal System designed to regulate the
preserve of capitalist relations
Marxist Approach Definition of Law - ANS method of domination & social control used by
ruling class
- arises in result of struggle btwn 2 classes
- law becomes weapon of particular lass
Marxist Approach to State - ANS organized reflection of ruling class interests
- laws passed serve interests of ruling class
- removing oppression = end of ruling class/state
Marxist Approach History of Law - ANS American criminal law comes from English common
law
1. crimes solved within kinship group
2. increase in commerce & trade→ change relationship w/ indv & state
3. new class had to protect business interests
4. crimes became wrongs against Crown/State
Marxist Approach Notions of Crime - ANS perceived threats to group w/ power (ruling class)
to protect their interests through law
! originated LESS in general ideas of right & wrong !
Critiques of Marxist Approach - ANS - too simplified = doesn't explain laws at all times
- hints at monolithic (inflexible) ruling class
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, - not sensitive to complexity of real social interaction
Marxian Explanation of Legal System - ANS reflects relationships of status, power, &
stratification INSTEAD of imposing limits/counterweights to these relationships
! conflict paradigm !
Functionalist Explanation of Legal System - ANS reflects what majority of ppl deem valued in
society → consensus of reinstitutionalized custom
! consensus paradigm !
Feminist Legal Theory Perspective Type - ANS Critical Perspective
Basic Tenets of Feminist Legal Theory - ANS - draws from experience of women + analyzing
relationship btwn law & gender
- developed agst backdrop of mass political movements (early -mid 1900s)
Feminist Legal Theory View of Society - ANS - patriarchal
- organized & dominated by men
- NOT hospitable to women
Themes of Feminist Legal Theory - ANS - women's struggle for equality in male-dominated
legal profession & society
- structural constraints maintain inequality
- male bias extended into practically every feature of law
- problems faced (primarily) by women are trivialized in our society
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
ANSWERS. VERIFIED 2025/2026.
Marxist Approach Perspective Type - ANS Conflict Perspective/Paradigm
Elitist Conflict Model
Marxist Approach Assumption of Social Behavior - ANS best understood in terms of tension &
conflict btwn groups/indvs
- Struggle of scarce commodities
- Economic Determinism
Economic Determinism (MA) - ANS economic organization determines organization of rest of
society → especially ownership of PROPERTY
Marxist Approach Organization of Society - ANS class structure, values, beliefs = reflect
societal organization
Marxist Approach Table Analogy - ANS Table Top = economic organization & structures
Table Legs = values & systems of society that support societal organization
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,Marxist Approach to Legal System - ANS Laws & Legal System designed to regulate the
preserve of capitalist relations
Marxist Approach Definition of Law - ANS method of domination & social control used by
ruling class
- arises in result of struggle btwn 2 classes
- law becomes weapon of particular lass
Marxist Approach to State - ANS organized reflection of ruling class interests
- laws passed serve interests of ruling class
- removing oppression = end of ruling class/state
Marxist Approach History of Law - ANS American criminal law comes from English common
law
1. crimes solved within kinship group
2. increase in commerce & trade→ change relationship w/ indv & state
3. new class had to protect business interests
4. crimes became wrongs against Crown/State
Marxist Approach Notions of Crime - ANS perceived threats to group w/ power (ruling class)
to protect their interests through law
! originated LESS in general ideas of right & wrong !
Critiques of Marxist Approach - ANS - too simplified = doesn't explain laws at all times
- hints at monolithic (inflexible) ruling class
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, - not sensitive to complexity of real social interaction
Marxian Explanation of Legal System - ANS reflects relationships of status, power, &
stratification INSTEAD of imposing limits/counterweights to these relationships
! conflict paradigm !
Functionalist Explanation of Legal System - ANS reflects what majority of ppl deem valued in
society → consensus of reinstitutionalized custom
! consensus paradigm !
Feminist Legal Theory Perspective Type - ANS Critical Perspective
Basic Tenets of Feminist Legal Theory - ANS - draws from experience of women + analyzing
relationship btwn law & gender
- developed agst backdrop of mass political movements (early -mid 1900s)
Feminist Legal Theory View of Society - ANS - patriarchal
- organized & dominated by men
- NOT hospitable to women
Themes of Feminist Legal Theory - ANS - women's struggle for equality in male-dominated
legal profession & society
- structural constraints maintain inequality
- male bias extended into practically every feature of law
- problems faced (primarily) by women are trivialized in our society
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
