JURI 2990 Exam 2 – Questions With Fully Explained
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Terms in this set (56)
How do liberal rule of law theorists They view law and society as separate entities, with
view the relationship of the legal law serving the needs of the people through
system to social needs? creativity, consensus society, and functionalism.
How does a Marxist explanation of Marxists view social needs as defined by the ruling
social needs differ from that of liberal class, with the law serving the interests of the
theorists? bourgeoisie rather than the proletariat.
What are four important 1. Alienation: generated by capitalism; individuals
characteristics of Marxism? perform repetitive tasks. 2. Exploitation: workers must
earn value under contracts that favor capitalists. 3.
Base and superstructure: changes in the economic
base affect social institutions. 4. False consciousness:
the belief that the system is fair and just, allowing for
exploitation.
What criticisms exist regarding Marx's Critics argue it suggests no human freedom and that
base and superstructure model? the superstructure may help create the base, leading
to interpretations like the economic limitation
argument and the economic practice argument.
How do Marxists view the law Marxists argue that the law is not necessary, not
differently from rule of law theorists? autonomous, and does not enhance liberty,
contrasting with the view of law theorists who see it
as essential for liberty.
What is the indeterminacy thesis? It challenges the rule of law by asserting that legal
analysis tools do not resolve disputes, indicating that
outcomes can be unpredictable.
, What evidence supports the Cases like NFIB v. Sebelius show discrepancies in
indeterminacy thesis? court rulings, with multiple constitutionally
supported answers to hard questions.
What implications does the It suggests that judges are influenced by personal
indeterminacy thesis have for the rule and political choices, making the rule of law a facade
of law? for judicial discretion.
What does it mean to say law is 'semi- It means the law cannot be fully controlled by the
autonomous'? powerful and must sometimes act independently to
maintain order.
Why is law's semi-autonomy important It allows law to appear neutral while legitimizing and
for its ideological function? stabilizing existing power structures.
How did the 'Old Gospel' of Labor It treated labor as a commodity under 'freedom of
view labor? contract,' masking coercion and reinforcing
employer dominance.
What change occurred with the 'New It recognized unequal bargaining power and
Gospel' of Labor? managed class conflict, though it did not eliminate it.
Why must law appear neutral for its It must maintain the appearance of independence to
effectiveness as ideology? legitimize and stabilize prevailing power structures.
How does law's semi-autonomy It limits political actors and constrains members of
support the rule of law? the ruling class, reinforcing the principles of the rule
of law.
What are the two main differences Their group of focus and their view of rights.
between Critical Legal Studies and
Critical Race Theory/FemCrits?
What is the focus of Critical Legal Class.
Studies (CLS)?
What do CLS theorists argue about It promotes substantive inequality.
the law?
Solutions
Save Groups
Terms in this set (56)
How do liberal rule of law theorists They view law and society as separate entities, with
view the relationship of the legal law serving the needs of the people through
system to social needs? creativity, consensus society, and functionalism.
How does a Marxist explanation of Marxists view social needs as defined by the ruling
social needs differ from that of liberal class, with the law serving the interests of the
theorists? bourgeoisie rather than the proletariat.
What are four important 1. Alienation: generated by capitalism; individuals
characteristics of Marxism? perform repetitive tasks. 2. Exploitation: workers must
earn value under contracts that favor capitalists. 3.
Base and superstructure: changes in the economic
base affect social institutions. 4. False consciousness:
the belief that the system is fair and just, allowing for
exploitation.
What criticisms exist regarding Marx's Critics argue it suggests no human freedom and that
base and superstructure model? the superstructure may help create the base, leading
to interpretations like the economic limitation
argument and the economic practice argument.
How do Marxists view the law Marxists argue that the law is not necessary, not
differently from rule of law theorists? autonomous, and does not enhance liberty,
contrasting with the view of law theorists who see it
as essential for liberty.
What is the indeterminacy thesis? It challenges the rule of law by asserting that legal
analysis tools do not resolve disputes, indicating that
outcomes can be unpredictable.
, What evidence supports the Cases like NFIB v. Sebelius show discrepancies in
indeterminacy thesis? court rulings, with multiple constitutionally
supported answers to hard questions.
What implications does the It suggests that judges are influenced by personal
indeterminacy thesis have for the rule and political choices, making the rule of law a facade
of law? for judicial discretion.
What does it mean to say law is 'semi- It means the law cannot be fully controlled by the
autonomous'? powerful and must sometimes act independently to
maintain order.
Why is law's semi-autonomy important It allows law to appear neutral while legitimizing and
for its ideological function? stabilizing existing power structures.
How did the 'Old Gospel' of Labor It treated labor as a commodity under 'freedom of
view labor? contract,' masking coercion and reinforcing
employer dominance.
What change occurred with the 'New It recognized unequal bargaining power and
Gospel' of Labor? managed class conflict, though it did not eliminate it.
Why must law appear neutral for its It must maintain the appearance of independence to
effectiveness as ideology? legitimize and stabilize prevailing power structures.
How does law's semi-autonomy It limits political actors and constrains members of
support the rule of law? the ruling class, reinforcing the principles of the rule
of law.
What are the two main differences Their group of focus and their view of rights.
between Critical Legal Studies and
Critical Race Theory/FemCrits?
What is the focus of Critical Legal Class.
Studies (CLS)?
What do CLS theorists argue about It promotes substantive inequality.
the law?
