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

Question 1

Why was group expulsion only rarely used as a form of punishment in small-scale societies?

A)The expelled individual often joined a competing group.
B)The expelled individual often sought revenge against the group.
C)It meant certain death for the individual,weakening the group.
D)It often meant that the expelled individual formed his or her own rival group.

Answer 1

C

Question 2

Because hunters and gatherers were often nomadic,the accumulation of goods was very difficult.Which of the following statement best characterizes societies where there is no accumulation of goods?

A)There are great inequalities within such societies.
B)Everyone had roughly the same amount of belongings.
C)Influence was determined by the amount of fur used for clothing.
D)Without surplus there was a greater need for some form of political authority.

Answer 2

B

Question 3

The Inuit headman often assumes power through which of the following?

A)by election,or another formal political process
B)on the amount of goods accumulated
C)when others accept his judgment and opinions.
D)hereditary factors (power passed down by father)

Answer 3

C

Question 4

Which of the following is a hunter-gatherer society likely to have?

A)a complex government
B)wealth and income inequality
C)wealth and income equality
D)a specialized division of labour

Question 5

Which of the following does self- or kin-based redress include?

A)expulsion from the group
B)minor jail terms
C)mediation by respected elders
D)punishment administered by the group as a whole

Question 6

Which of the following best characterizes self-based systems of redress in small-scale societies?

A)There are customary expectations about the appropriateness of different punishments.
B)There are vague notions of right and wrong behaviour.
C)There is a strong centralized authority to mediate disputes.
D)Punishment is carried out by a neutral third party.

Question 7

Which of the following is the major goal of dispute settlement processes in small-scale societies?

A)to provide restitution to the victimized parties
B)to identify and punish perpetrators
C)to provide satisfaction to the offended party or parties
D)to restore harmony between parties in conflict

Question 8

Which of the following is NOT considered a common cause of disputes in hunting and gathering societies?

A)political power
B)inequitable food distribution
C)asymmetrical gift exchange
D)laziness

Question 9

In a small-scale society,the power of advisors who settle disputes is based on which of the following?

A)hereditary position
B)ability to enforce compliance
C)moral authority
D)connection to kin on both sides of the dispute

Question 10

For dispute settlement purposes,advisors are men who have a high social status within a small-scale society.Which of the following is one trait that did NOT contribute to this high social status?

A)distinguished hunting background
B)distinguished achievement in the battlefield
C)speaking ability
D)birthright

Question 11

According to Ross (1989),which of the following is a native Indian victim who is required to testify about a crime most likely to do?

A)The victim will likely refuse to testify due to fear or embarrassment.
B)The victim will likely explain the behaviour of the accused in terms of his community standing.
C)The victim will likely testify openly and honestly.
D)The victim will likely refuse to testify because direct confrontation with the accused is considered wrong.

Question 12

Which of the following is a characteristic that a small-scale society is likely to have?

A)little collective solidarity
B)a kin- or self-based redress system
C)economic inequality
D)formal laws

Question 13

In hunting and gathering societies,the social status of an individual was typically based on which of the following?

A)the number of close kin relations
B)influence within that group
C)religious status
D)wealth

Question 14

Which of the following systems for redressing disputes often involves a "civil service" to handle judicial and administrative tasks?

A)elders' councils
B)self- or kin-based systems
C)chieftainships
D)paramount chieftainships

Question 15

According to Max Weber,which of the following best describes the state as an institution?

A)It controls the economy and therefore the political apparatus.
B)It claims the exclusive right to the legitimate use of force in a given territory.
C)It has the support of the majority of the public at all times.
D)It has the right to tax citizens.

Question 16

What does the term "mode of production" refer to?

A)the dominant form of government organization in a society
B)the dominant form of technological advancements in a society
C)the dominant form of social and technical organization of economic production in a society
D)the dominant form of dispute settlements that exist within a particular society

Question 17

What does civil law refer to?

A)the law of medieval cities
B)the law of dispute settlement between individuals
C)the law that promotes peace and harmony
D)the law that requires civility in public places

Question 18

During a dispute settlement on an Ojibway reserve observed by Rupert Ross (1989),on which of the following did counselling Elders tend to focus on?

A)the past history and reputation of the disputants
B)the cleansing of the spirit for the future
C)reconstructing the details of the specific incident
D)fair compensation for the victim

Question 19

"A state of social bonding or interdependency that rests on similarity of beliefs and values,shared activities,and ties of kinship and cooperation among members of a community." Which of the following concepts does this definition apply to?

A)mutual dependence
B)mode of production
C)collective solidarity
D)role diffusion

Question 20

Which of the following is true of chiefs who resolve disputes in chieftainship systems?

A)They are mostly popular persons with a large number of kin.
B)They are frequently replaced by the community.
C)They are almost as likely to be women as men.
D)They are expected to display oratorical skills,wisdom,and knowledge of customs.

Question 21

What is the term for the system of economic and social organization that included a central farm owned by the landlord and small land holdings for a class of bonded farm labourers?

A)tribalism
B)feudalism
C)agrarianism
D)industrialism

Question 22

Which of the following statements exemplifies the argument that laws alone cannot always control behaviour?

A)Advisors could not always force compliance with recommendations they made to resolve a dispute.
B)Feudal lords developed a body of law to deal with disputes after they consolidated power in England.
C)Norman kings saw themselves as the injured party when a crime was committed.
D)Transnational corporations are often successful in pressuring governments to be exempt from certain laws and regulations.

Question 23

Under capitalism,which of the following was used to maintain social relationships?

A)customs
B)parliament
C)kinship
D)contracts

Question 24

What is the principal instrument used by the state to regulate human activity,ensure social order,and prevent,control,and resolve disputes in modern societies?

A)laws and legislation
B)the restorative justice system
C)the army
D)Crown prosecutors

Question 25

What is the term for a political system in an aboriginal culture that is similar to a kingdom and brings together a number of partly autonomous villages or communities under the hierarchical rule of one person?

A)paramount chieftain
B)advisor
C)chieftain
D)mediator

Question 26

Which of the following best represents the implications of powerful transnational corporations?

A)They increase the power of the state.
B)They decrease the power of the state.
C)They do not affect the power of the state.
D)They lead to monopoly.

Question 27

The growing importance of legal contracts,lawyers,and laws against theft and embezzlement were all the result of the emergence of which of the following?

A)feudalism and the feudal lords
B)capitalism and a merchant class
C)the sovereigns and Norman kings
D)industrialization and the assembly-line form of manufacturing

Question 28

Which of the following was the economic foundation of the feudal system?

A)retail merchants
B)agriculture
C)manufacturing
D)international trading

Question 29

During the reign of Henry VIII,which of the following was true of the state?

A)It was essentially irrelevant.
B)It replaced feudalism.
C)It was largely controlled by the king with support from the merchant class.
D)It was staffed with members of the nobility.

Question 30

Max Weber saw power as the ability to realize one's goals despite resistance from others.Which of the following best characterizes power in small-scale societies compared to more modern,complex societies?

A)The power to make decisions and affect group life was not institutionalized in social structures.
B)The power to make decisions was not shared by members of the group.
C)Power becomes formally encoded in law and authority.
D)The legitimate use of power is bestowed by social institutions.

Question 31

According to Reasons (1981),the Ford Pinto design problem was an example of which of the following?

A)crimes without victims
B)victims without crimes
C)crimes with victims
D)neither crimes nor victims

Question 32

Which of the following was the main function of the Black Act of 1723?

A)to allow the Crown to expropriate Church property
B)to expand the concept of theft to cover new situations
C)to encourage common people to abandon feudal practices
D)to support the institution of slavery

Question 33

In the modern industrial state,which of the following is NOT regulated by law?

A)property
B)real estate
C)commerce
D)religion

Question 34

Which of the following best describes common law?

A)the law that is common to a group of different countries
B)the law that regulates the relationships between countries
C)the law that regulates access to Crown land
D)the law that is available to all individuals

Question 35

Which of the following was an important consequence that followed the consolidation of power by lords in England?

A)They returned to a system of kin-based dispute settlement processes used in hunter-gatherer societies.
B)They developed a body of law to deal with disputes.
C)Dispute settlement practices used in small-scale societies were reinforced.
D)They held elections among the serfs as a means to develop the political structures necessary to enact new laws.

Question 36

In the early feudal era in England,how were serious disputes typically settled?

A)duelling with pistols
B)money compensation and fines
C)kin-based redress systems
D)jury trials

Question 37

Norman kings saw themselves as the injured party when a crime was committed because the harm was against their peace.What was the implication of this development for the future of dispute settlement in western societies?

A)Contract and tort laws emerged.
B)Lords were increasingly recruited to better deal with crime on their properties.
C)The state took on more responsibility over harms committed by one individual against another.
D)Greater responsibility was placed on families to punish members that committed harms against other families.

Question 38

When Karl Marx coined the term "bourgeois class" he was referring to which of the following social groups?

A)farmers
B)serfs
C)the capitalist ruling class
D)feudal lords

Question 39

Under Anglo-Saxon law,who could be paid a fee as compensation for the rape of a woman?

A)the victim
B)the victim's mother
C)the victim's husband or father
D)the victim's father or brothers

Question 40

Analyses of the history of rape legislation indicate that rape laws were first enacted to protect the interests of which of the following?

A)the father and husband of the raped female
B)the raped female and her children
C)other females in the community where the rape occurred
D)the husband and children of the raped female

Question 41

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

Question 42

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.

Question 43

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?

A)mandatory minimum sentences for executives of corporations that break the law
B)a rise in the incarceration of socially marginalized individuals
C)increased regulations to prevent environmental crimes
D)forbidding corporations to lobby the federal government

Question 44

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

Question 45

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

Question 46

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

Question 47

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

Question 48

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

Question 49

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?

A)common law
B)rule of law
C)sovereignty
D)stratification

Question 50

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

Question 51

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

A)the Ford Pinto case
B)workers' exposure to asbestos
C)increased reliance on the use of tort laws by corporations
D)exploitation of free trade zones

Question 52

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

Question 53

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

Question 54

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

Question 55

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

Question 56

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

A)It epitomizes how the state now controls the settlement of disputes between individuals.
B)It represents a dispute settlement mechanism that was commonly used in pre-modern societies.
C)It has been shown to be ineffectual in modern complex societies in resolving disputes between individuals.
D)It is the culmination of the tough criminal laws imposed by the state and enforced by the criminal justice system.

Question 57

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

A)It focuses on repairing the harm done to social relationships because of crime.
B)Victim,offender,and community are active participants in the process.
C)Reintegration is the goal.
D)The state plays a key role in bring the victim and offender together and repairing their relationship.

Question 58

Which of the following violates a principle of restorative justice?

A)helping communities reintegrate victims and offenders
B)restoring social relationships
C)having judicial figures make key decisions
D)reconciling offenders with those they have harmed

Question 59

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

Question 60

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

Question 61

The restorative justice approach helps empower the victims of crime in any community by increasing their participation in the dispute resolution process.

Question 62

The merchant class supported the aspirations of the Crown in England during the Industrial Revolution. Explain what the advantages of this arrangement were for both parties.

Question 63

Give an example of a particular problem facing societies today that may lead to a crisis in the legitimacy of the state and the rule of law.

Question 64

Discuss and analyze the textbook's assertion that the Harper Government is "tough on street crime,but soft on suite crime."

Question 65

The ineffectiveness of the nation-state system to regulate the harms committed against people and the environment threatens to undermine the legitimacy of the rule of law.

Question 66

How has the emergence and consolidation of social and economic power in human societies influenced dispute settlement systems? More specifically,how has it influenced the emergence of the rule of law as the primary mechanism through which disputes have increasingly been resolved in most societies?

Question 67

Identify and discuss at least three differences between small-scale societies and complex industrial societies.

Question 68

Define "transnational corporation" and explain how the actions of a transnational corporation can provide an example of a failure of state regulation.Provide a real-life example for illustration.

Question 69

Identify and discuss at least three differences between community-based dispute resolution processes in small-scale societies to state-controlled processes in more complex societies.

Question 70

Describe the types of dispute settlement mechanisms that emerge as societies became larger and more complex.

Question 71

Describe the fundamental changes in how disputes were settled in small-scale societies compared to complex,modern,industrial societies.

Question 72

Using two examples,illustrate the impact of interest groups on legislation.Indicate the nature of the legislative change or lack of change,the specific interest groups involved,and the way in which the interest group was able to influence legislation.

Question 73

Why is a knowledge of social context so important to understanding the existence and operation of different dispute settlement systems that have emerged throughout history.Provide at least two examples of how different social orders have influenced dispute settlement systems that have emerged in these social orders.

Question 74

Explain the term "moral entrepreneur" and give an example of one,with rationale.

Question 75

Most of the research on laws in modern societies shows that they reflect the operation of interest groups.

Question 76

Discuss how the dispute settlement mechanisms in small-scale society were geared to the needs of that particular society.

Question 77

The restorative justice approach in Canada is currently limited to Aboriginal communities.

Question 78

Describe changes in dispute settlement that occurred in England with the arrival of the Norman kings.

Question 79

There are no real similarities between restorative dispute settlement processes today and those in existence in small-scale societies of the past.

Question 80

Advocates of restorative justice seek to return the focus of the justice system to repairing the harm that has been done to the victim and the community.