UGA Juri 2990 Exam 3 – Questions With Accurate
Solutions
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Terms in this set (109)
Who are the lawmakers in the law and ANYONE who influences the way the state uses its
society tradition? 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 no. they do not look at law as a neutral entity, they
positivistic? look far more at the power that influences it.
How does the law and society law and society - law is socially constructed and
tradition differ from liberalism in a unevenly applied based on politics and power
definition of law? liberalism - law is neutral, equally applied to all,
how does law and society tradition law and society - formal equality isn't real equality
differ from liberalism in a definition of and outcomes change based on resources and
rights? power
liberalism - every individual has equal rights, meaning
that the outcomes must be fair
how does law and society differ from law and society - lawmaking is shaped by interest
liberalism in defining the legal groups, lobbying, etc and courts are shaped by bias
process? and culture
liberalism - lawmaking is ratinonal and democratic,
with neutral courts and legislation reflecting the will
of the people
, What are the four theories of 1. Rationalistic, 2. Functionalist, 3. Conflict, 4.
legislation in the law and society Moral/political entrepreneur.
tradition?
What does law and society It is more a prediction of government officials'
scholarship suggest about the rule of authority use than an objective source of authority.
law in the US?
What's wrong with the "I'm just a bill" nothing gets passed without an aggregation of
idea according to l+s? 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 Interest groups, public opinion, professional
process according to law and society expertise, mass media, and protests.
scholarship?
How do law and society scholars By examining the 'law in action' rather than 'law in the
evaluate the rule of law in the US? books'.
What is an example of the separation Speed limits where actual enforcement may allow
between 'law in the books' and 'law in higher speeds.
action'?
What is 'bad man' theory? The idea that individuals may break the law without
punishment due to enforcement discretion.
What institutions have important Policemen, who selectively apply laws.
enforcement discretion?
How can enforcement discretion It leads to a lack of generality, certainty, and equality.
undermine the rule of law?
Who enforces the law besides police, Juries and agencies.
regulators, and prosecutors?
Solutions
Save Groups
Terms in this set (109)
Who are the lawmakers in the law and ANYONE who influences the way the state uses its
society tradition? 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 no. they do not look at law as a neutral entity, they
positivistic? look far more at the power that influences it.
How does the law and society law and society - law is socially constructed and
tradition differ from liberalism in a unevenly applied based on politics and power
definition of law? liberalism - law is neutral, equally applied to all,
how does law and society tradition law and society - formal equality isn't real equality
differ from liberalism in a definition of and outcomes change based on resources and
rights? power
liberalism - every individual has equal rights, meaning
that the outcomes must be fair
how does law and society differ from law and society - lawmaking is shaped by interest
liberalism in defining the legal groups, lobbying, etc and courts are shaped by bias
process? and culture
liberalism - lawmaking is ratinonal and democratic,
with neutral courts and legislation reflecting the will
of the people
, What are the four theories of 1. Rationalistic, 2. Functionalist, 3. Conflict, 4.
legislation in the law and society Moral/political entrepreneur.
tradition?
What does law and society It is more a prediction of government officials'
scholarship suggest about the rule of authority use than an objective source of authority.
law in the US?
What's wrong with the "I'm just a bill" nothing gets passed without an aggregation of
idea according to l+s? 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 Interest groups, public opinion, professional
process according to law and society expertise, mass media, and protests.
scholarship?
How do law and society scholars By examining the 'law in action' rather than 'law in the
evaluate the rule of law in the US? books'.
What is an example of the separation Speed limits where actual enforcement may allow
between 'law in the books' and 'law in higher speeds.
action'?
What is 'bad man' theory? The idea that individuals may break the law without
punishment due to enforcement discretion.
What institutions have important Policemen, who selectively apply laws.
enforcement discretion?
How can enforcement discretion It leads to a lack of generality, certainty, and equality.
undermine the rule of law?
Who enforces the law besides police, Juries and agencies.
regulators, and prosecutors?
