Deck 2: Theoretical Perspectives

Question 1

Which of the following is not a way to categorize specific law and society theories?

A) philosophy of law
B) lateral
C) historical
D) Weberian

Answer 1

B

Question 2

Formal codified law emerges when _____________.

A) a society's social structure becomes too complex for informal customs
B) at least two political parties emerge
C) the society becomes homogeneous
D) societal members agree on social norms

Answer 2

A

Question 3

In a complex, heterogeneous society _____________.

A) formal norms are not necessary
B) civilized behavior replaces law
C) formal norms are necessary
D) none of the above

Answer 3

C

Question 4

The relationship between law and society can be described as _____________.

A) inversely related
B) reciprocal
C) homogenous
D) traditional

Question 5

Which of the following is not a level of society described by developmental models?

A) psychological maturity
B) individual
C) community
D) social institution

Question 6

The more ________ the society, the more _________ the legal system.

A) homogeneous/ heterogeneous
B) developed/ developed
C) integrated/ differentiated
D) complex/differentiated

Question 7

Primitive societies are composed of _____________.

A) councils
B) elders
C) chiefs
D) all of these

Question 8

Primitive legal systems are typically found in _____________.

A) Europe
B) cold climates
C) agrarian societies
D) complex societies

Question 9

In primitive societies, the emphasis is on _____________.

A) legislative law
B) codified law
C) common law
D) statutory law

Question 10

Which of the following is not a distinct type of status in the transitional legal system?

A) court-appointed mediators
B) litigants
C) lawyers
D) court officials

Question 11

Which of the following is not a reason that transitional legal system development accelerates?

A) Laws can be applied systematically to specific circumstances.
B) Courts can enact laws by handing down common law.
C) The establishment of a Supreme Court.
D) none of these

Question 12

A distinctive feature of the modern legal system is/are _____________.

A) the proliferation of administrative law
B) clear hierarchies of laws
C) an increase proportion of statutory law
D) all of these

Question 13

Which of the following is not a salient feature of modern law?

A) uniform rules
B) laws that can be changed
C) law is localized
D) the application of law is impersonal

Question 14

The idea that reason and knowledge can provide the basis for social and legal order is _____________.

A) common law
B) natural law
C) Marx's theory of law
D) formal rationality

Question 15

Baron de Montesquieu is best known for which theory?

A) the spirit of law
B) separation of powers
C) natural law
D) evolution of law

Question 16

Which of the following theorists studied the development of positivist law laid down by the state?

A) Sir Henry Sumner Maine
B) Karl Marx
C) Max Weber
D) Oliver Wendell Holmes, Jr.

Question 17

Which of the following is not a principal assumption in Marx's theory of law?

A) Law is a product of evolving economic forces.
B) Law, as social control, will become more prevalent as society progresses.
C) Law is a tool used by the upper class to maintain power over the lower class.
D) none of the above

Question 18

According to the doctrine of dialectical materialism, law is _____________.

A) unnecessary in advanced societies
B) a method of gaining power and wealth
C) a function of the social norms
D) a reflection of economic conditions

Question 19

Which of the following is not a distinction used in Weber's typology of law?

A) formal
B) rational
C) irrational
D) legal

Question 20

Weber's three types of administration of justice include all but which of the following?

A) empirical justice
B) professional paramilitary
C) Khandi justice
D) rational justice

Question 21

Which leader replaced Weber's theory of rational law?

A) Stalin
B) Lenin
C) Hitler
D) Churchill

Question 22

Emile Durkheim wrote _____________.

A) Mein Kampf
B) The Law of Primitive Man
C) The Division of Labor in Society
D) Justifying Law

Question 23

Dicey can be credited with which of the following socio-legal theories?

A) anomie
B) deterrence
C) public opinion
D) shaming

Question 24

Oliver Wendell Holmes, Jr. was a _____________.

A) physician
B) professor
C) prisoner
D) Supreme Court justice

Question 25

The theorist considered one of the founders of legal realism is which of the following?

A) Holmes
B) Dicey
C) Marx
D) Durkheim

Question 26

He wrote The Law of Primitive Man.

A) Marx
B) Hitler
C) Hoebel
D) Durkheim

Question 27

Donald Black contends that law can be measured by _____________.

A) the frequency that offenses are prosecuted
B) the frequency that statues are enacted
C) the frequency that punishment is meted out
D) all of these

Question 28

Which of the following is a key assumption of functionalism?

A) The system is integrated through key values.
B) Perfect integration is never attained.
C) Change is a slow process.
D) all of these

Question 29

According to conflict criminology, ______________.

A) law is a method of domination and social control
B) law is unnecessary
C) law is a product of socialist economic systems
D) law is fundamentally fair

Question 30

Quinney, Chambliss, and Seidman are known for their study of what type of legal approach?

A) socialist
B) Marxist
C) rational
D) irrational

Question 31

Critical scholars reject law as being _____________.

A) only for the wealthy
B) a tool for a capitalist ruling class
C) being value-free
D) too constrictive for society

Question 32

Which of the following is not a predominate theme in feminist legal literature?

A) women's struggle for equality
B) the challenge to the concept that law is fair
C) the prevalence of male bias
D) increased pragmatism

Question 33

In feminist legal theory, which three methods seek to reveal features of legal concern?

A) rational, irrational, subjective
B) practical reasoning, legal rationalism, law of equality
C) asking the woman question, feminist practical reasoning, consciousness-raising
D) none of the above

Question 34

Critical race theory is concerned with _____________.

A) discrimination
B) equality
C) oppression
D) all of the above

Question 35

The categorization of legal and sociological theory is subjective and open to question.

Question 36

It is easily possible to trace the legal development of a society from primitive to modern.

Question 37

In literature, traditional law and primitive law are often used interchangeably.

Question 38

In transitional systems, courts are characterized by common-law decisions.

Question 39

The function of law in primitive systems is always different than in transitional systems.

Question 40

Few of the structural features of the transitional legal systems are present in modern legal systems.

Question 41

The conflict approach to legal theory considers the legal system a method of preserving capitalist relations.

Question 42

According to Marx, all societies rest on an economic foundation.

Question 43

CRT has roots in American legal realism.

Question 44

According to CRT, racism in our legal system will eventually be eliminated.

Question 45

Discuss how the concept of "natural law" influenced legal systems. Include a discussion of the origin of natural law, and how it has influenced legal scholars.

Question 46

Describe the evolution of legal systems and compare the function of law, the application of law, and the role of police for each system

Question 47

Compare and contrast Weber's four ideal types of legal systems, and include examples of each.

Question 48

Compare functionalism and the Marxist approach. Specifically, how do the basic tenets of each differ? What, if any, are the similarities?

Question 49

Compare and contrast the conflict approach and critical legal studies. How are they similar, and how are they different?