Deck 3: Justice and Law

Question 1

________________ theories of distributive justice attempt to maximize benefits for individuals and society in a mixed emphasis on entitlements and needs.

A) Libertarian
B) Utilitarian
C) Egalitarian
D) Marxist

Answer 1

B

Question 2

Which of the following statements is false?

A) The ethics of care is consistent with a Marxist theory of justice since both emphasize need.
B) Utilitarian theories try to maximize societal good, thus some balance of need and merit would be necessary to provide the incentive to produce.
C) Ethical formalism is concerned solely with rights, thus, issues of societal good may not be as important.
D) Rawls's theory is solely Kantian because it demands a basic level of individual rights.

Answer 2

D

Question 3

The mediator between people's essential selfishness and generosity is referred to as:

A) law
B) ethics
C) justice
D) mercy

Answer 3

C

Question 4

Which theory of distributive justice places need above desert or entitlement?

A) Libertarian
B) Utilitarian
C) Egalitarian
D) Marxist

Question 5

Rectificatory justice is also called:

A) distributive justice
B) commutative justice
C) exemplary justice
D) corrective justice

Question 6

Rawls's veil of ignorance states that:

A) Welfare should be given to the least advantaged or ignorant in our society.
B) One must be ignorant of their own position in society in order to make just decisions.
C) Ignorance results in unfairness.
D) Because we are ignorant of God's plan, equal distribution of goods is the most just.

Question 7

Retributive justice is best described by what term?

A) balance
B) deterrence
C) compensation
D) rehabilitation

Question 8

Which ethical system is most consistent with a Marxist theory of distributive justice?

A) Ethics of Virtue
B) Ethical Formalism
C) Ethics of Care
D) Utilitarianism

Question 9

While __________________ justice involves the concept of just deserts,__________________ justice concerns the steps we must take before administering punishment.

A) procedural; substantive
B) substantive; distributive
C) substantive; procedural
D) procedural; distributive

Question 10

Which of the following is not an aspect of Rawls's theory of justice?

A) utilitarian principles
B) concern for rights
C) freedom from government interference
D) concern for the least advantaged members of society

Question 11

Substantive justice and procedural justice are components of:

A) distributive justice
B) corrective justice
C) punitive justice
D) rectificatory justice

Question 12

According to Beccaria's and Bentham's utilitarian rationale,punishment should be based on:

A) the character of the victim
B) the concept of mercy
C) the seriousness of the crime
D) the social status of the perpetrator

Question 13

The type of justice that looks to the greatest good for all as the end is called:

A) utilitarian justice
B) restorative justice
C) compensatory justice
D) egalitarian justice

Question 14

Which type of justice suggests what measurement should be used to allocate society's resources?

A) distributive justice
B) commutative justice
C) exemplary justice
D) corrective justice

Question 15

"An eye for an eye" and "a tooth for a tooth" are examples of:

A) lex talionis
B) lex salica
C) lex rasa
D) lex mala

Question 16

Which theory of distributive justice starts with the basic premise of equality?

A) Libertarian
B) Utilitarian
C) Egalitarian
D) Marxist

Question 17

An ancient right based on church power which allowed a person respite from punishment as long as he or she was within the confines of church grounds is called:

A) refuge
B) sanctuary
C) asylum
D) haven

Question 18

___________________ theories of distributive justice attempt to maximize benefits for individuals and society in a mixed emphasis on entitlements and needs.

A) Libertarian
B) Utilitarian
C) Egalitarian
D) Marxist

Question 19

Which theory of distributive justice would be most opposed to government involvement in the distribution of goods?

A) Libertarian
B) Utilitarian
C) Egalitarian
D) Marxist

Question 20

Which type of justice is concerned with business dealings?

A) libertarian
B) corrective
C) rectificatory
D) distributive

Question 21

The Latin term associated with "an eye for an eye" is lex salica.

Question 22

___________________________ is an approach to corrective justice that focuses on meeting the needs of all concerned.

A) Distributive justice
B) Restorative justice
C) Civil justice
D) Utilitarian justice

Question 23

Substantive justice involves the determination of just deserts.

Question 24

The voluntary breaking of established laws based on one's moral beliefs is called:

A) due process
B) moral exception
C) ethical justice
D) civil disobedience

Question 25

The libertarian theory of justice promotes minimal governmental interference in the distribution of goods.

Question 26

Distributing society's goods based on need is associated with the Marxist approach to justice.

Question 27

Procedural justice necessarily produces substantive justice.

Question 28

The roots of restorative justice can be found as far back as:

A) Mayan and Aztec law
B) Chinese law
C) Roman and Grecian law
D) Common law

Question 29

Hallmarks of community justice models include the following except:

A) The process of justice employs local leadership, is informal, and invites participation from community members.
B) The goal is to repair the harm done to a community member by another community member in a way that will restore the health of the community relationship.
C) The authority of the justice giver is through the customs and traditions accepted by all members.
D) The punishment imposed by the community should be of equal or greater severity than the crime itself.

Question 30

The goals of community reparative boards include all the following except:

A) promote citizen ownership of process
B) provide an opportunity for the offender to take personal responsibility
C) provide opportunity for victims and community members to confront offenders in a constructive manner
D) provide an opportunity for the victim and offender to reach an agreement as to punishment or payment

Question 31

Under the retributive system,the reason we punish is for the greater good of society.

Question 32

Sanctuary allowed offenders to escape punishment as long as they were members of the clergy.

Question 33

Deterrence is the central theme of what theory of corrective justice?

A) utilitarian
B) retributive
C) substantive
D) compensatory

Question 34

Rawls's theory of justice is consistent with rights-based theories of justice.

Question 35

Procedural protections that are part of due process include all of the following except:

A) Right to appeal
B) Right to the statement of findings
C) Right to restart proceedings
D) Right to a neutral hearing body

Question 36

Which type of justice is most closely associated with discussions of criminal law?

A) commutative
B) corrective
C) utilitarianism
D) distributive

Question 37

Boss described unjust laws as having several characteristics.Which of the following is not one of these characteristics?

A) they are degrading to humans
B) they are discriminatory against certain groups
C) they are universal
D) they are unjustly applied

Question 38

Under the utilitarian rationale for punishment,we weigh the punishment to the crime in order to balance the wrong to society.

Question 39

Rectificatory justice deals with how to achieve a fair resolution between individuals when one feels they have been wronged.

Question 40

The concept of hedonistic calculus is associated with:

A) Beccaria
B) Bentham
C) Hirschi
D) Sutherland

Question 41

___________________ justice concerns the determination and methods of punishment.

Question 42

Rawls' concept of a way to make moral judges unbiased by not knowing what role one might play in a moral issue is referred to as ______________________________.

Question 43

Compare and contrast lex talionis and lex salica.Give an example of each.

Question 44

_____________________ justice is concerns fairness in business dealing.

Question 45

_____________________ justice is concerned with the allocation of the goods and burdens of society.

Question 46

______________________ is concerned with punishments and sanctions.

Question 47

__________________ justice concerns the steps taken to reach a determination of guilt,punishment,or other conclusion of law.

Question 48

Compare and contrast substantive justice and procedural justice.Give an example of each.

Question 49

Describe distributive,corrective,and commutative justice.

Question 50

Describe the various theories of distributive justice.

Question 51

Define rectificatory justice.Provide examples.

Question 52

Discuss the factors associated with the utilitarian argument for punishment.

Question 53

The constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of protected liberty,life,or property are called ___________________,

Question 54

The component of _________________ justice is concerned with the determination and methods of punishment.

Question 55

______________________ is concerned with the fairness of contracts and business relations.

Question 56

Bentham's idea that individuals weigh potential profit or pleasure against potential pain or punishment is called ______________________________.

Question 57

Explain the relationship between mercy and justice.

Question 58

Explain how Aristotle and Plato associated status with justice.

Question 59

Discuss the factors associated with the retributive argument for punishment.

Question 60

Define and discuss the concept of civil disobedience.Provide examples.