JURI 2990 Exam 3 Actual Questions and
Correct Answers| Updated
Who are the lawmakers in the law and society tradition?
ANYONE who influences the way the state uses its authority is a law maker
what is positivistic law?
looking at law as it IS, not looking at the ethics of the law or how it should be. law
that is made by recognized authorities using the proper channels is law.
are law and society thinkers positivistic?
no. they do not look at law as a neutral entity, they look far more at the power
that influences it.
How does the law and society tradition differ from liberalism in a definition of
law?
law and society - law is socially constructed and unevenly applied based on
politics and power
liberalism - law is neutral, equally applied to all,
how does law and society tradition differ from liberalism in a definition of rights?
law and society - formal equality isn't real equality and outcomes change based on
resources and power
,liberalism - every individual has equal rights, meaning that the outcomes must be
fair
how does law and society differ from liberalism in defining the legal process?
law and society - lawmaking is shaped by interest groups, lobbying, etc and courts
are shaped by bias and culture
liberalism - lawmaking is rational and democratic, with neutral courts and
legislation reflecting the will of the people
What are the four theories of legislation in the law and society tradition?
1. Rationalistic, 2. Functionalist, 3. Conflict, 4. Moral/political entrepreneur.
What does law and society scholarship suggest about the rule of law in the US?
It is more a prediction of government officials' authority use than an objective
source of authority.
What's wrong with the "I'm just a bill" idea according to l+s?
nothing gets passed without an aggregation of interests or sufficient political
support
why/when do protests work?
- when they represent a credible threat to the system and those who make laws
(or their power)
- think about how the march on Washington worked
, What influences the law-making process according to law and society
scholarship?
Interest groups, public opinion, professional expertise, mass media, and protests.
How do law and society scholars evaluate the rule of law in the US?
By examining the 'law in action' rather than 'law in the books'.
What is an example of the separation between 'law in the books' and 'law in
action'?
Speed limits where actual enforcement may allow higher speeds.
What is 'bad man' theory?
The idea that individuals may break the law without punishment due to
enforcement discretion.
What institutions have important enforcement discretion?
Policemen, who selectively apply laws.
How can enforcement discretion undermine the rule of law?
It leads to a lack of generality, certainty, and equality.
Who enforces the law besides police, regulators, and prosecutors?
Juries and agencies.
Correct Answers| Updated
Who are the lawmakers in the law and society tradition?
ANYONE who influences the way the state uses its authority is a law maker
what is positivistic law?
looking at law as it IS, not looking at the ethics of the law or how it should be. law
that is made by recognized authorities using the proper channels is law.
are law and society thinkers positivistic?
no. they do not look at law as a neutral entity, they look far more at the power
that influences it.
How does the law and society tradition differ from liberalism in a definition of
law?
law and society - law is socially constructed and unevenly applied based on
politics and power
liberalism - law is neutral, equally applied to all,
how does law and society tradition differ from liberalism in a definition of rights?
law and society - formal equality isn't real equality and outcomes change based on
resources and power
,liberalism - every individual has equal rights, meaning that the outcomes must be
fair
how does law and society differ from liberalism in defining the legal process?
law and society - lawmaking is shaped by interest groups, lobbying, etc and courts
are shaped by bias and culture
liberalism - lawmaking is rational and democratic, with neutral courts and
legislation reflecting the will of the people
What are the four theories of legislation in the law and society tradition?
1. Rationalistic, 2. Functionalist, 3. Conflict, 4. Moral/political entrepreneur.
What does law and society scholarship suggest about the rule of law in the US?
It is more a prediction of government officials' authority use than an objective
source of authority.
What's wrong with the "I'm just a bill" idea according to l+s?
nothing gets passed without an aggregation of interests or sufficient political
support
why/when do protests work?
- when they represent a credible threat to the system and those who make laws
(or their power)
- think about how the march on Washington worked
, What influences the law-making process according to law and society
scholarship?
Interest groups, public opinion, professional expertise, mass media, and protests.
How do law and society scholars evaluate the rule of law in the US?
By examining the 'law in action' rather than 'law in the books'.
What is an example of the separation between 'law in the books' and 'law in
action'?
Speed limits where actual enforcement may allow higher speeds.
What is 'bad man' theory?
The idea that individuals may break the law without punishment due to
enforcement discretion.
What institutions have important enforcement discretion?
Policemen, who selectively apply laws.
How can enforcement discretion undermine the rule of law?
It leads to a lack of generality, certainty, and equality.
Who enforces the law besides police, regulators, and prosecutors?
Juries and agencies.
