ENR 4400 Exam 1 Questions with Complete
Correct Answers
Confucius (Eastern Law) - Correct Answer Non-violent
Fa - Correct Answer Fair (what is perceived as fairness changes over time)
Li - Correct Answer Law
Status (eastern law) - Correct Answer elites can get a break, more leniency
Code of Hammurabi (Western Law) - Correct Answer One of the first written legal systems with
scaled punishments (eye for an eye, tooth for tooth) based on class/societal worth (the eye of an
aristocrat is of more value than the eye of a plebeian). It also included contracts (what is fair
compensation) and provided for divorce.
Justinian (Western Law) - Correct Answer The Roman Emperor Justinian had the Roman law written
down. It included the idea of Res Communis (Common Things) or the idea that certain things are to
be owned by the common not individuals such as air and water and it is seen today in environmental
laws.
Abrahamistic (western law) - Correct Answer Judeo-Christian-Muslim laws that were based on morals
and ethics such as the ten commandments (thou shalt not kill, etc.)
Natural Law (western) - Correct Answer The Greeks believed natural law prevailed, thinking that
people were born good and if they had their needs (food, water, shelter) met there would not be any
crime, making a legal system unnecessary.
Anglo-American (western law) - Correct Answer Included notions of civil rights, equality before law
(equality of women later), procedural justice, and democracy.
Posited law - Correct Answer An entity only has a right if it is given to them. For example you can't
vote unless the law says you can.
Out of law - Correct Answer Certain groups or sets of relation that are defined out of the protections
of the law (it's a cultural thing). Examples include women and slaves.
, Mary Wollstonecraft - Correct Answer She wrote the Vindication of the Rights of Woman and
included that reason, virtue, and knowledge should be the roles of women.
Olympe deGouges - Correct Answer She wrote the Declaration of the Rights of Woman in response
to the Declaration of the Rights of Man and the Citizen during the French Revolution. She also
included marriage as a social contract.
Sources of law - Correct Answer Culture and belief, longstanding practices common to a small group,
observed/ generally accepted behaviors/actions
Legal systems emerge from - Correct Answer cultural contexts (periods of history, sets of social
relations)
What is a law? - Correct Answer Essentially it includes rules and guidelines. It can be a rule
established by authority, custom, or society, a principle that must be obeyed, and it may or may not
have a legal system to enforce it.
What is a legal system - Correct Answer The process by which laws are enforced.
Paradox of law and state - Correct Answer How to reconcile political and legal theory that all are born
free? You can't just do what you want as society becomes large. No one is an island.
Functions of Law - Correct Answer -resolve disputes
-maintain order
-framework within which common expectations of daily activities or accidents can be met
-government functioning
-protect citizens against excessive or unfair gov. power
-protect society against excessive or unfair power (antitrust laws, laws against monopolies)
-ensure decencies of life (reflects social beliefs)
-create ethical or moral standard?
Limits to Law - Correct Answer -social conditioning
-popular habits, ideals
Correct Answers
Confucius (Eastern Law) - Correct Answer Non-violent
Fa - Correct Answer Fair (what is perceived as fairness changes over time)
Li - Correct Answer Law
Status (eastern law) - Correct Answer elites can get a break, more leniency
Code of Hammurabi (Western Law) - Correct Answer One of the first written legal systems with
scaled punishments (eye for an eye, tooth for tooth) based on class/societal worth (the eye of an
aristocrat is of more value than the eye of a plebeian). It also included contracts (what is fair
compensation) and provided for divorce.
Justinian (Western Law) - Correct Answer The Roman Emperor Justinian had the Roman law written
down. It included the idea of Res Communis (Common Things) or the idea that certain things are to
be owned by the common not individuals such as air and water and it is seen today in environmental
laws.
Abrahamistic (western law) - Correct Answer Judeo-Christian-Muslim laws that were based on morals
and ethics such as the ten commandments (thou shalt not kill, etc.)
Natural Law (western) - Correct Answer The Greeks believed natural law prevailed, thinking that
people were born good and if they had their needs (food, water, shelter) met there would not be any
crime, making a legal system unnecessary.
Anglo-American (western law) - Correct Answer Included notions of civil rights, equality before law
(equality of women later), procedural justice, and democracy.
Posited law - Correct Answer An entity only has a right if it is given to them. For example you can't
vote unless the law says you can.
Out of law - Correct Answer Certain groups or sets of relation that are defined out of the protections
of the law (it's a cultural thing). Examples include women and slaves.
, Mary Wollstonecraft - Correct Answer She wrote the Vindication of the Rights of Woman and
included that reason, virtue, and knowledge should be the roles of women.
Olympe deGouges - Correct Answer She wrote the Declaration of the Rights of Woman in response
to the Declaration of the Rights of Man and the Citizen during the French Revolution. She also
included marriage as a social contract.
Sources of law - Correct Answer Culture and belief, longstanding practices common to a small group,
observed/ generally accepted behaviors/actions
Legal systems emerge from - Correct Answer cultural contexts (periods of history, sets of social
relations)
What is a law? - Correct Answer Essentially it includes rules and guidelines. It can be a rule
established by authority, custom, or society, a principle that must be obeyed, and it may or may not
have a legal system to enforce it.
What is a legal system - Correct Answer The process by which laws are enforced.
Paradox of law and state - Correct Answer How to reconcile political and legal theory that all are born
free? You can't just do what you want as society becomes large. No one is an island.
Functions of Law - Correct Answer -resolve disputes
-maintain order
-framework within which common expectations of daily activities or accidents can be met
-government functioning
-protect citizens against excessive or unfair gov. power
-protect society against excessive or unfair power (antitrust laws, laws against monopolies)
-ensure decencies of life (reflects social beliefs)
-create ethical or moral standard?
Limits to Law - Correct Answer -social conditioning
-popular habits, ideals
