Who's That Guy?
This theorist believed that customs in a society become law when they are formalized.
Who is Bohannan?
A view in which law presents as mechanical and autonomous.
What is Legal Formalism?
The precursors to this discipline of legal interpretation include Legal Formalism and Sociological Jurisprudence.
What is Sociology of Law?
Michael cries out, "You fool! You can't just make a law without knowing its effects on society. What about its efficacy?"
Michael here is appealing to which of the 4 precursors to the Sociology of Law?
What is Legal Realism?
The DOI speaks of the unalienable rights of Life, Liberty, and the Pursuit of Happiness. But this wasn't the original wording. Luckily Thomas Jefferson was at the table, editing the language from its more pragmatic version speaking of these (3) unalienable rights.
What are Life, Liberty, and Property?
This social theorist believed that Any law that conflicts with custom is doomed to fail.
Who is Sumner?
These forms of relationships are characterized as being very limited and for specific purposes.
What are simplex relationships?
This theory of legal interpretation focuses on using customs in a society in order to meet the needs of that society.
What is the Structural Theory of Law?
Mary is anxious to be in the first row of a concert she has been excited for all year. She shows up a little late because of the concert but decides to cut in line. She the true #1 fan! As she does, the others in the line begin to protest and shun her. It affects her so much that she leaves and goes to the back on the line. This form of behavioral gatekeeping is most similar to which theory of law?
What is the Cultural Theory of Law?
Structural theorist Durkheim says that this is the primary goal of "Primitive Law"
What is revenge?
This theorist believed that law produces diversionary effects: ones that distract society from mounting effective protests to laws on the books.
Who is Turk?
These forms of relationships are not as common in a more modern and complex society with specialized labor practices.
What are multiplex relationships?
This theory of sociological analysis posits that a society consists of a base of economic production AND a superstructure of legal and political institutions.
What is Marxism?
In the Levitskin society of faraway land, the town council is in the process of writing down all of the customs that the society believes in hopes of one day creating a court system. This process of memorializing customs is called what?
What is double institutionalization?
This public health crisis reaching its height in the 1350's is blamed for the dead of half of England and a dramatic shift in vagrancy laws on the books.
What is the Black Plague?
This theorist claimed that modern legal systems are an inevitable result of the division of labor.
Who is Durkheim?
This term refers to the domination or rule maintained through ideological or cultural means. The stuff of conspiracy theories.
What is hegemony?
This precursor to the Sociology of Law was said to mostly benefit the rising commercial and corporate interests.
What is Legal Formalism?
Larry is the community leader of his town of 100, which has no courts or legal body. The tractor that he owns and rented to others used to be the only one in town, but Pam just moved into town and wants to start renting hers out as well. Larry is not a fan. To stop Pam, he convinces the community to pass a custom that only 1 tractor can be in the town at a time.
This form of behavioral gatekeeping is most similar to which theory of law?
What is the Conflict Theory of Law?
A study produced by Schwartz examined the effects of Structural law on the Kvutza and this other Israeli settlement.
What is the Moshav Settlement?
(1) This theorist was in the same camp as Bohannan, but didn't see the need for the pesky formalization of (2) these. (Two-part answer)
Who is Malinowski and what are customs?
Judicial systems tend to favor "repeat performers" over this group of people who hardly ever get involved in formal legal proceedings.
What are "one-shotters"?
This was a social system existing in medieval Europe in which people worked and fought for nobles who gave them protection and land in return.
What is Feudalism?
The Town of Levitskin decides to do away with vigilantism. By town decree, only those appointed to the Knight's Watch are able to dole out punishment for crimes. But beware Turk might say. You may be granting a dominant group this form of power.
This body of law is judge-made, relying on precedent to control rulings.
What is the Common Law?