Law and Society Final Exam Questions And Correct Detailed Answers.

BOOK QUESTIONS CH.7 - correct answer ... What does social change mean? - correct answer -large numbers of people are engaging in group activities and relationships that are different from those in which they or their parents engaged in previously -individuals face new problems, so they must respond -situations for change reflect factors such as new technology, new ways of making a living, social values -so, social change is modifications in how people work, educate kids, govern society, activities, etc. What does it mean to say that law and social change are reciprocal? - correct answer 1. Law is determined by moral sentiments, so legislation is achieved by close social norms is a dependent variable, determined and shaped by current opinions of society 3.Legal changes would be impossible if not preceded by social change, law could do nothing except codify custom Social Changes and a Cause of Legal Changes - correct answer -social change is slow to make custom the principle source of law -law could respond to social change over decades What are the conditions that transform the social and economic order of society? - correct answer -revolutions in demography, urbanization, bureaucratization, industrialization, science, transportation, agriculture, communication, biomedical research, education, and civil rights Examples of Conditions that transform the social and economic order of society - correct answer 1.Technology's contribution to law: fingerprints, use of a lie detector 2.The automobile is responsible for traffic rules, drunk driving, auto safety, etc. 3.New devices in crime detection (fingerprinting, DNA) 4.Computer and Internet (safeguard privacy, protect credit information) Describe social change in a fast paced, urban industrial city? - correct answer -change sweeps through high industrialized cities very fast with a large impact -interpersonal relations, social institutions, social control, bureauacracy have changed What does Friedman say about law and social change? - correct answer "The law through legislative or administrative responses to new social conditions and ideas, as well as through judicial re-interpretations of constitutions, statuses, or precedents-increasingly not only articulates but sets the course for major changes" -so, social change through law is a basic trait of the modern world What does Dror say about law and social change? - correct answer "The growing use of law as a device of organized social action directed toward achieving social changes seems to be one of the characteristics of modern society" What are indirect and direct aspects of law in social change? - correct answer -law plays an important "indirect" role in social change by shaping various institutions, which then have a "direct" impact on society -more emphasis on direct rather than indirect impact of social change ex:mandatory school attendance upgraded the quality of the labor force, which then played a direct role in social change by contributing to an increased rate of industrialization Explain Friedman's work on planning and disruption - correct answer -"Planning" refers to architectural construction of new forms of social order and social interaction -"Disruption" refers to the blocking or amerlioration of existing social forms and relations What are the 2 interrelated processes entailed in law? - correct answer 1.Institutionalization: refers to the establishment of a norm with provisions for its enforcement (desegregation of schools) 2.Internalization: means the incorporation of the value or values implicit in law (integrated public schools are "good") Explain social change through litigation - correct answer -always been important in the US and it can be highly effective in producing social change -change produced by litigation can be destructive or constructive What are the 7 conditions law must meet to be successful? - correct answer 1.Law must be from authoritative source 2.Law must be rational with other existing values 3.Identify where the law is already in effect 4.Enforcement of law must make change in a short time 5.Those enforcing law must be able to change due to it 6.Instrumentation of law should have positive/negative sanctions 7.Enformcent of law should be reasonable in sanctions and protection of others What is Friedrich's ideas about law and legitimacy? - correct answer -law must not operate only within only one part of the state, must be in multiple dimensions -must comprehend legitimacy as a pattern in each dimension (must understand it) -legitamacy is the clarification and understanding or rights in law What are the advantages of law in creating social change? - correct answer -changes through law are specific and focused -change through law is deliberate, rational, and an effort to alter specific behavior -intentional of legal norms are clearly stated with an outline of sanctions -change of law aims at rectifying, improving, or controlling behaviors 1.Traditional Authority to Weber - correct answer -status within those exercising authority, there is a "rule of elders" in this authority -leader gets power because inherited it or it's tradition, it's just the way it's done -no due process laws, leader decides power ex: Henry VIII 2.Charismatic Authority to Weber - correct answer -they are obeyed by virtue of personal trust in revelation or qualities -embody message of the movement and promote it -make demands on followers -uses narrative to communicate goals -this leader has a gift and people want to be near him so lots of pressure ex:MLK, Bono, Malcolm X How do charismatic leaders come about? - correct answer -emerges in time of political/social instability -community formed around leader and goals of leader -loyal staff carry out wishes of leader Problems w/ Charismatic Leaders - correct answer -sometimes leadership is unstable because the leader can die (MLK) or change(Nader) -sometimes the leader fails the led and loses charismatic behavior -if the leader loses charisma need to turn goals into a machine to make difference through series of orgs. 3.Rational-Legal Authority to Weber - correct answer -bases legality on normative rules and in right to those in authority to issue commands -obediance is owed to an established legal order -leader has consent to be leader through rules, but his power is limited by rules/power ex:President (elected w/certain powers) What are the binding forces of law? - correct answer -law is binding because most people consider it to be so -people generally submit their behavior to its regulations, even though they may have different reasons of doing so -some believe by obeying the law they obey God, nature, or will of the people What are the issues surrounding obedience? - correct answer -agencies encourage obedience through law -there is also the inner desire of people to obey -they are reinforced by a belief that a particular law is fair and equal