Deck 2: Theories of Law and Justice

Question 1

Max Weber discussed three different types of authority. Identify the example below that falls in the charismatic authority category.

A) Hebrew prophets such as Ezekiel
B) Pharaohs
C) Feudal lords
D) Patriarchs

Answer 1

A

Question 2

A divine lineage leader, such as a Pharaoh, would be an example of a leader who engages in what type of thought according to Weber?

A) substantive rational thought
B) substantive irrational thought
C) formal rational thought
D) formal irrational thought

Answer 2

D

Question 3

Law is the command of the sovereign, an order accompanied by a threat to impose a disability or punishment for disobedience. This definition of law is known as ______.

A) natural law
B) utilitarianism
C) legal positivism
D) legal realism

Answer 3

C

Question 4

In Critical Legal Studies, marginality refers to ______.

A) most people not consulting the law in their interpersonal relationships
B) law reflecting the underlying philosophy that favors the wealthy
C) law reflecting the underlying philosophy that favors the existing economic system
D) the gap between the assumptions underlying the law and social reality

Question 5

Society developing through various socioeconomic stages and concentrating on the transition from capitalism to communism is best associated with which figure?

A) Marxism
B) Legal Realism
C) Legal Positivism
D) Utilitarianism

Question 6

Government should be limited to combating crime, protecting private property, enforcing contracts, and safeguarding the national defense. This statement best fits with which of the following?

A) critical race theory
B) feminism
C) legal behavioralism
D) libertarianism

Question 7

Identify which one of the following uses statistics to test whether there is a correlation between the personal characteristics of judges and the content of their judicial opinions?

A) legal functionalism
B) legal formalism
C) critical race theory
D) judicial behavioralism

Question 8

According to Weber, the Buddhist Emperor Ashoka would be an example of a leader who engages in what type of thought?

A) substantive irrational thought
B) substantive rational thought
C) formal irrational thought
D) formal rational thought

Question 9

In Critical Legal Studies, contradiction refers to ______.

A) law reflecting an underlying philosophy that favors the wealthy
B) revealing a gap between the assumptions underlying the law and social reality
C) the fact that there is no correct answer
D) no consistent values underlying the approach to legal issues

Question 10

Identify from below, the figure who is associated with Utilitarianism.

A) Bentham
B) Black
C) Kant
D) Marx

Question 11

Critical Legal Studies contains which of the following themes?

A) marginality, antiformalism, and trashing
B) marginality, antiformalism, and race
C) marginality, utopian reform, and gender
D) marginality, ideology, and race

Question 12

"Law should maximize the greatest good for the greatest number of individuals." This statement best falls under ______.

A) Categorical Imperative
B) Legal Realism
C) Sociological Jurisprudence
D) Utilitarianism

Question 13

Identify which one of the following describes Weber's definition of formal irrational thought.

A) Decisions are made by charismatic and traditional authority on a case by case basis and are guided by ethical, religious, and political considerations.
B) Decisions are made by charismatic and traditional authorities and are based on principles drawn from nonlegal, political, and religious sources.
C) Established procedures are employed by charismatic or traditional authorities and decisions are irrationally derived without explanation and are based on divine revelations or personal insight.
D) Decisions are based on logical analysis of legal rules found in legal sources; universal rules are set in written documents and applied in uniform fashion.

Question 14

Which of the following describes Weber's definition of substantive rational thought?

A) Procedures are employed by charismatic or traditional authorities but decisions are irrationally derived without explanation and are based on divine revelation or personal insight.
B) Decisions are made by a charismatic and traditional authority on a case by case basis and are guided by ethical, religious, and political considerations rather than on the basis of general rules.
C) Decisions based on logical analysis of legal rules found in legal sources; universal rules set in written documents and applied in uniform fashion.
D) Decisions are made by charismatic and traditional authorities and are based on principles drawn from nonlegal, political, and religious sources; there is a concern over consistency-religious, ethical, or political ideals.

Question 15

"There is in fact a true law, namely right reason, which is in accordance with nature, applies to all men and is unchangeable and eternal," is a definition of natural law by which philosopher?

A) Aquinas
B) Cicero
C) Austin
D) Bentham

Question 16

In Critical Legal Theory, antiformalism refers to ______.

A) most people not consulting the law in their interpersonal relationships
B) law not being a logical and rational system of reasoning
C) the application of principles from one area to another area
D) there not being a single correct answer in legal practice

Question 17

The President of the United States of America would be an example of a leader who engages in what type of thought according to Weber?

A) formal rational thought
B) formal irrational thought
C) substantive rational thought
D) substantive irrational thought

Question 18

August Comte and Talcott Parsons would be classified as ______.

A) functionalists
B) legal behavioralists
C) feminists
D) liberatarianists

Question 19

Scholars who view legal decisions as being explained by extra-legal factors, such as a judge's experiences and prejudices, fall under which of the following philosophies?

A) legal realism
B) critical race theory
C) functionalism
D) legal behavioralism

Question 20

The historic figure, Roscoe Pound, argued that law should be evaluated based on the results it achieves, rather than based on the logical consistency of legal rules. This is known as ______.

A) legal behavioralism
B) functionalism
C) sociological jurisprudence
D) legal formalism

Question 21

The three classical sociological theorists are Weber, Marx, and Kant.

Question 22

Society developing through various socioeconomic stages and concentrated on the transition from capitalism to communism. Which of the following best fits the statement above?

A) Marxism
B) legal realism
C) legal positivism
D) utilitarianism

Question 23

Which subgroup of feminism emphasizes reforming the system so it is equal?

A) liberal feminism
B) dominance feminism
C) intersectional feminism
D) cultural feminism

Question 24

Talcott Parsons theorized that in order to survive and prosper, social systems and subsystems must satisfy four functional imperatives. Which selection below refers to the law performing an integrative function by settling disputes and maintaining order?

A) integration
B) latency
C) goal attainment
D) adaptation

Question 25

Cultural feminism emphasizes the interaction of race and gender and how that impacts women.

Question 26

Oliver Wendell Holmes Jr.'s philosophy ("the life of law has not been logic, it has been experience," or, rather, that judges are not prejudice free in decision making) became known as ______.

A) legal formalism
B) legal realism
C) legal behavioralism
D) legal functionalism

Question 27

In Critical Legal Studies, flippability refers to ______.

A) most people failing to consult the law in their interpersonal relationships
B) law reflecting an underlying philosophy that favors the existing economic system
C) law reflecting an underlying philosophy that favors the wealthy
D) the law does not have a single correct answer

Question 28

The Communist Manifesto was written by ______.

A) Émile Durkheim
B) Karl Marx
C) Max Weber
D) Thomas Aquinas

Question 29

In Critical Legal Studies, the term "trashing" refers to ______.

A) the revealing of the gap between the assumptions underlying the law and social reality
B) the underlying philosophy that favors the wealthy and the existing economic system
C) the application of principles from one area to another area (e.g., the democratic principles should be extended from the public sphere to the workplace)
D) most people not consulting the law in their interpersonal relationship

Question 30

Which of the following describes Weber's definition of substantive irrational thought?

A) Decisions are made by a charismatic and traditional authority on a case by case basis and are guided by ethical, religious, and political considerations rather than on the basis of general rules.
B) Established procedures are employed by charismatic or traditional authorities and decisions are derived without explanation and are based on divine revelation or personal insight.
C) Decisions are made by charismatic and traditional authorities and are based on principles drawn from nonlegal, political, and religious sources; there is no concern over consistency.
D) Decisions are made based on logical analysis of legal rules found in legal sources; universal rules set in written documents and applied in uniform fashion.

Question 31

A Muslim judge (khadi justice) would be an example of a leader who engages in what type of thought according to Weber?

A) formal irrational thought
B) formal rational thought
C) substantive irrational thought
D) substantive rational thought

Question 32

Max Weber discussed three different types of authority. Which example falls in the rational-legal authority category?

A) Theodore Roosevelt
B) Hebrew prophets such as Ezekiel
C) President of the United States
D) Pharaohs

Question 33

Max Weber discussed three different types of authority. Which example falls in the traditional authority category?

A) Theodore Roosevelt
B) Hebrew prophets such as Ezekiel
C) President of the United States
D) Pharaohs

Question 34

Which subgroup of feminism challenges the notion that men and women are the same and advocates a transformation and feminization of the legal doctrine?

A) intersectional feminism
B) liberal feminism
C) cultural feminism
D) dominance feminism

Question 35

Health care should be devoted to the young rather than old because they are more likely to give a greater contribution to the future of the country (due to longer life expectancy). This is an example of what view of law?

A) legal realism
B) utilitarianism
C) legal positivism
D) legal behavioralism

Question 36

Judicial behavioralism uses statistics to test whether there is a correlation between the personal characteristics of judges and the content of their judicial opinions.

Question 37

Legal positivism is concerned with the goodness or badness of legal rules.

Question 38

Which of the following are traits of critical race theory?

A) narrative form of expression, flippability of law, and focus on gender and law
B) narrative form of expression, concern with public policy reform, and focus on gender and law
C) narrative form of expression, concern with public policy reform, and focus on race and law
D) narrative form of expression, flippability of law, and focus on race and law

Question 39

Legal realism is the idea that legal rules are the product of logical analysis and that the outcome of cases is dictated by the mechanical application of legal rules.

Question 40

Which of the following describes Weber's definition of formal rational thought?

A) Established procedures are employed by charismatic or traditional authorities although decisions are irrationally derived without explanation and are based on divine revelation or personal insight.
B) Decisions based on logical analysis of legal rules found in legal sources; universal rules set in written documents and applied in uniform fashion.
C) Decisions are made by a charismatic and traditional authority on a case by case basis and are guided by ethical, religious, and political considerations rather than on the basis of general rules; there is no concern with consistency.
D) Decisions are made by charismatic and traditional authorities and based on principles drawn from nonlegal, political, and religious sources; there is concern with religious, ethical, and political ideals.

Question 41

Indeterminancy refers to the flippability of law.

Question 42

In formal irrational thought, decisions are based on logical analysis of legal rules found in legal sources.

Question 43

Define feminist jurisprudence and summarize the common theme found.

Question 44

Define and discuss critical race theory (CRT) and summarize its origin.

Question 45

Cultural feminism emphasizes the interaction of race and gender and how that impacts women.

Question 46

Roscoe Pound wrote the Communist Manifesto and believed that the law serves the interest of the industry.

Question 47

Mechanical solidarity is found in large scale diverse societies with an economic division of labor.

Question 48

Laws that use the power of the state to promote virtue are called morals legislation.

Question 49

An individual obeyed because of what are viewed as his or her extraordinary qualities either based on supernatural or heroic powers of connection with God have feudalistic authority.

Question 50

Define and explain the core principle of libertarianism and its relationship to individual freedom.

Question 51

Utilitarianism is guided by the idea that individuals in their personal lives act to maximize their pleasure and minimize their pain.

Question 52

Explain the main aspects of sociological jurisprudence and identify its founder.

Question 53

Roscoe Pound is the writer of "The Division of Labor" and a theorist who explored social solidarity, the glue that keeps society together.

Question 54

Describe and summarize the movement known as American legal realism.

Question 55

Judicial behavioralism uses statistics to test whether there is a correlation between the personal characteristics of judges and the content of their judicial opinions.