Definitions
Choices
Evolution
Functions
Readings
100
True or False? There are many possible definitions of law.
True
100
True or False? There is a clear decision on the basic choice of 'protection for society' vs. 'individual rights' in our current society.
False - we value both and try to balance them in our law today
100
True or False? Laws evolved from norms and customs in many societies.
True
100
What are the 3 major functions of law that we discussed in class?
social control, dispute settlement, social change
100
What is Kafka's take-home message in the Before the Law reading?
you have to take the initiative to understand the law and walk through the door yourself, regardless of the obstacles in front of you or you may never understand the law in your lifetime.
200
What are the 3 constructs that Max Weber includes in his definition of law?
pressure to comply must be external, pressure must involve coercion or force, officials must exist to apply this force
200
The due process model of our CJ system shows our emphasis on the common good or the rights of the individual?
Rights of the individual
200
Legal development is closely tied to more people and an increase complexity in society. This is often called:
modernization, industrialization, urbanization
200
If conflict theory describes our society as a state of constant dissension and conflict with other members of society, how does consensus theory describe our society?
this idea of integration and common support is important to maintain order in society, so members of society achieve this through cohesion, cooperation and shared cultural norms and values.
200
In the Couriers reading, what is the point to consider?
Because there are no kings, the messages that the couriers are running around with are meaningless - without any kind of leadership or people in charge, the law is meaningless and people feel stuck in their current roles when they should actually WANT to move up in this leadership role instead.
300
What are 2 potential problems with Weber's definition of law?
He doesn't account for those that follow the law not because of it's coercive nature, but because they feel it is their duty (an internal motivation to follow the law). There is a heavy focus on coercion and forceful enforcement of the law in Weber's definition. Some people think the idea of a 'special staff' of enforcers limit's Weber's interpretation in both time cultural and historical contexts.
300
Three Strikes Laws are an example of what model of the CJ system?
Crime control
300
How is the legal system set up in primitive legal systems, found in hunting/gathering and simple societies?
The laws are not written or codified, and there is no well-developed political system (instead the heads of the tribe are in charge and court systems are temporarily set up when needed)
300
How is law viewed in both conflict and consensus paradigms?
In a consensus paradigm, law is the neutral framework for maintaining societal integration, whereas in a conflict perspective law is a form of coercive power used to repress individuals and maintain the status quo.
300
True or False? The man eventually did find the law before his death.
False
400
Name the 2 types and 4 styles of law that Black says can exist in any society.
Accusatory: (1) Penal, (2) Compensatory, Remedial: (3) Therapeutic, (4) Concilliatory
400
Explain the principle of proportionality.
The punishment given to an offender should be consistently related to the severity of the offense (this works for vertically and horizontally to ensure people who commit the same crimes get the same punishment, and that punishment is less severe than the punishment for a more serious crime.
400
What 3 legal roles can be seen already forming in the primitive legal system? (hint: they become more clearly defined as we move into a more advanced legal system along with many other roles that pop up).
judge (or presiding party), those with the conflict, and occasionally a lawyer working for the protection of the litigant
400
What are some of the dysfunctions of law that can be seen in our system?
the conservative tendencies by following past precedent, the rigidity of a formal structure that restricts the ability to consider certain circumstances for each individual crime, procedural inefficiencies, wrongful convictions, lots more
400
What are some similarities between the Cheyenne Way story and our legal systems today?
(there are several right answers) One could be that even today we still have a ruling group who make decisions on others punishment (what it should be, when it is completed, etc.) and there is some amount of discretion built into both of those systems based on personal circumstances, remorse, etc.
500
Explain how the parable of the map ties in with our definitions of law.
In order to fully understand someone's trip you need to have more than just the map of where they went. It's best to collect as much information in different forms (weather reports, traffic reports, pictures, stories, traffic tickets, etc.) to get the full story. Similarly, in order to fully understand the law, we need to know as many different definitions as we can so that we can come at any law from multiple perspectives to see how the law is working (or not working).
500
What is the goal of a trial?
1) rational event where we can find the truth, 2) a test of credibility for both sides, 3) a conflict resolving ritual, 4) other options?
500
what are the 3 types of legal systems discussed in class?
primitive, transitional, modern legal systems
500
What are 2 of the major differences between the common law tradition and civil law tradition?
Their methodological approach to law (meaning codified law, or judge-made decisions/precedent) and the training of their judges (either separately from the lawyers, or judges being selected from the best of the lawyers)
500
What legal principles can be seen in the Thornton and Wife reading?
(lots of right answers) discretion, fairness, contracts, court systems, etc.
M
e
n
u