Question 1

In small-scale societies,disputes were exclusively settled by the political authority in that society.

Accepted Answer

In small-scale societies, disputes were often settled through various mechanisms, including mediation, negotiation, and customary law, not exclusively by the political authority.

Question 2

In Canada in recent years,the federal government has focused overwhelmingly on crimes committed by marginalized individuals,with much less attention to crimes committed by corporations.

Accepted Answer

The statement is true as the federal government in Canada has been criticized for being tough on crime when it comes to marginalized individuals, while neglecting corporate crimes.

Question 3

The textbook discusses how the federal government under Stephen Harper has become tough on street crime,but soft on "suite" crime.Which of the following scenarios best reflects this argument?

Accepted Answer

The rise in the incarceration of socially marginalized individuals indicates a focus on tough street crime, while ignoring white-collar crime or "suite" crime. Mandatory minimum sentences for executives of corporations (choice A) and increased regulations for environmental crimes (choice C) suggest a crackdown on white-collar crime. Forbidding corporations to lobby the federal government (choice D) is more related to government ethics and transparency than street or white-collar crime.

Question 4

Historically harms between individuals were resolved by various forms of redress without state involvement

Accepted Answer

Before the emergence of modern states, communities and individuals used various forms of redress to resolve conflicts and harms, such as tribal councils, customary law, family negotiations, or religious authorities. The state's role in supporting, enforcing and regulating such processes has varied over time and place.

Question 5

The power of the state is so unchallenged that laws are rarely shaped by special interests in society.

Accepted Answer

Laws are often shaped by special interests in society, whether it is through lobbying, campaign contributions, or other forms of influence. While the power of the state may be strong, it is not immune to pressure from outside groups seeking to advance their own agendas.

Question 6

For most of human history,people have lived in small groups.

Accepted Answer

Throughout history, humans have generally lived in small, tight-knit communities or tribes. It was only with the advent of agriculture and the growth of cities that larger settlements became more common. However, even today, many people around the world still live in small communities.

Question 7

As the merchant class grew,social life became increasingly regulated by contracts that were regulated and enforced by a strong central state.

Accepted Answer

With the growth of the merchant class, social life became more regulated by contracts that were enforced by a strong central state to ensure fairness and stability in economic transactions.

Question 8

Criminal laws have not been part of the social fabric for most of human history.

Accepted Answer

Criminal laws have only been a part of the social fabric for a relatively short period of time in human history.

Question 9

When a nation-state is ineffective in ensuring peace,security,good government,and protection from harm to large portions of humanity,which of the following is most negatively affected?

Accepted Answer

The rule of law is the principle that everyone, including those in power, must abide by the laws of the land. When a nation-state is ineffective in ensuring peace, security, good government, and protection from harm, the rule of law is often undermined, as individuals and groups may take matters into their own hands, flouting laws and engaging in activities that may be harmful or dangerous. This can lead to chaos, violence, and a breakdown of society, putting large portions of humanity at risk.

Question 10

The rule of law has become a primary force in controlling behaviour in modern societies

Accepted Answer

The rule of law, which establishes legal principles and procedures that govern behavior in a society, has become a fundamental mechanism for ensuring social order and controlling behavior in modern societies. It provides a framework for individuals and organizations to resolve disputes, regulate their conduct, and seek justice through legal avenues. The rule of law also offers protections against arbitrary use of power by governments, ensuring that they are bound by the same principles and procedures as everyone else.

Question 11

Which of the following is NOT an example of the failure of the state to regulate transnational corporations?

Accepted Answer

Increased reliance on the use of tort laws by corporations is not an example of the failure of the state to regulate transnational corporations, as it is a legal mechanism that holds corporations accountable for their actions. The other three answers (A, B, and D) are examples of the failure of the state to regulate transnational corporations, as they involve instances where corporations engaged in harmful practices that were not adequately regulated or punished by government entities.

Question 12

In order to understand social order,criminal law should be seen in an historical and social context that considers the full spectrum of dispute settlement practices

Accepted Answer

Understanding criminal law within an historical and social context allows for a broader understanding of how social order is created and maintained, and how dispute settlement practices have evolved over time. This includes not only criminal law, but also other forms of conflict resolution such as mediation and informal negotiation. Examining the full spectrum of these practices is essential in understanding the complex dynamics of social order.

Question 13

In hunting and gathering societies,influence was based on access to material resources.

Accepted Answer

In hunting and gathering societies, influence was typically based on factors such as age, wisdom, and skill rather than access to material resources, as these societies generally shared resources communally and did not accumulate wealth.

Question 14

The consolidation of social and economic power in human societies has made it difficult to control the actions of those who have power.

Accepted Answer

As power becomes concentrated in the hands of a few individuals or groups, it becomes more difficult to ensure that their actions align with the interests of the broader society. This is because those with power may be more interested in maintaining their own position of dominance rather than working to promote the common good. Additionally, the complexity of modern social and economic systems can make it harder to understand how actions in one area may affect outcomes in another, further complicating efforts to control those who hold power.

Question 15

Social context is fundamentally important in understanding the existence and operation of different dispute settlement systems.

Accepted Answer

Social context, including cultural, historical, and legal factors, plays a significant role in shaping how disputes are handled and resolved in different societies and communities. Understanding the social context is essential to effectively navigating and utilizing dispute settlement systems.

Question 16

Within the context of the overall theme of Chapter Two,what is the significance of the restorative justice dispute settlement processes?

Accepted Answer

The restorative justice dispute settlement process represents a dispute settlement mechanism that was commonly used in pre-modern societies. This is significant within the context of the overall theme of Chapter Two, which examines the historical development of dispute settlement mechanisms. Additionally, the use of restorative justice processes highlights the potential benefits of incorporating traditional and community-based approaches into modern legal systems.

Question 17

Which of the following is NOT a characteristic of restorative justice?

Accepted Answer

Restorative justice seeks to empower the victim and offender to play an active role in the resolution process, as well as involve the community. The state's role is typically minimized since the focus is on repairing the harm done to social relationships rather than on punishing the offender through traditional legal means. Therefore, D is the characteristic that does not align with restorative justice.

Question 18

Which of the following violates a principle of restorative justice?

Accepted Answer

Restorative justice emphasizes the involvement of all stakeholders, including victims, offenders, and the community, in the decision-making process. Having judicial figures make key decisions contradicts this principle as it excludes the community from the decision-making process.

Question 19

In criminal law,the state declares itself the injured party based on the type of offense.

Accepted Answer

In criminal law, the state brings charges against a defendant and acts as the injured party on behalf of society as a whole.

Question 20

There are no real differences between small-scale societies and complex industrial societies as far as dispute settlement is concerned.

Accepted Answer

Small-scale societies and complex industrial societies have different methods and systems for dispute settlement due to differences in social organization, legal frameworks, and access to resources such as legal representation and technology. Complex industrial societies tend to have more formal and institutionalized methods of dispute settlement, such as courts and mediation, whereas small-scale societies often rely on informal methods like negotiation, mediation, and restorative justice.

Quiz 2: The Social Context of Dispute Settlement and the Rise of Law