JURI 2990 EXAM 3 fully solved & updated
2026-2027(latest version verified for
accuracy) (Questions + Answers) Solved
100% Correct!!
Who are the "law makers" in the law and society tradition?
How do they differ?
Law and Society wants to get away from Law as an
abstract concept and the idea that law is independent
from the operation of laws and also reject the idea that
law is followed simply because it is law. They largely see
law as being produced by society and is positivistic ( law
,comes from government not reason). The law is how the
state uses its power and how officials will use their
authority. They believe above all that is it the job of
multiple branches to make law including the legislature,
courts, administrative agencies, and the executive branch
.
what does law and Society scholarship on the legislative
process suggest about ROL in the US, particularly the state
of democratic decision making?
In the law and society traditon the legislative process is 1.
investigation, 2. information gathering, 3. designing a
remedy, 4. aggregaiton of interests, 5. modification, and
6. passage. This system recognizes that there an element
of power politics being played in ROL and it forces us to
consider the question of who has the power to begin this
innvestigation and start the process-- it is with the
individual as democracy leads us to believe or is it more
complicated and requires power such as writers,
protester, media, and public interest groups.
What are the different theories of legislation in the Law
and Society tradition?
Rationalistic- how the bill becomes a law approach, that
laws are rational means of society to protect from social
,norms and there is a set way this process occurs. The
problem is this is incomplete to understand how bill
becomes a law because it fails to account for when things
don't follow this set model.
Functionalist: legislations is reinstitutionalizing culture. we
finf norms and give these norms to the government to
turn into a governing law in some way, like with criminal
law. The government is responding to people but not
necessarily in a personal way, more in a way that there
are certain activities that are harmful and must be
stopped even if people may not rationally understand
why their ideas are delinquent.
conflict: we are better off by emphasizing the conflicts in
society since government is responding to only certain
classes of groups who get to make the law. We need to
pay close attention to who is in charge.
moral/political entrepreneur: there is a process in which
powerful groups who shape legislation have agency and
choice in deciding how to apply their authority, which is
where we get enforcement discretion.
These processes differ in their focuses of law, where law
derives power, and how it is created. It is relevant to ROL
because it reveals how certain ideas of legislative creation
increase disparities between those under law rather than
, minimize them and how law can be used to increasingly
perpetuate these systems.
in what ways might that enforcement discretion
undermine the ROL?
Keeps people being truly equal before the law and can
make it hard to be able to predict the governments
actions and enforcement actions. For example, people
may be more inclined to commit a rape because they feel
that they won't be caught. Or like with the Detroit
segregation case it makes it hard for state governments to
be able to predict how the federal government will view
an incident.
how does the view of law among law and society scholars
help us to evaluate the ROL in the US?
Law and society helps us to understand the question of
what IS the law and says that the physical writing of laws
in insufficient to answer these questions. It helps to
understand legal rules and lwgal enforcement and how
sometimes violations of rules don't necessarily undermine
the ROL. For example, signs in parks that say "Don't Go
Passed this Sign" or minor speeding (5 MPH over), so the
ROL in action is not just identify what the rule is, but also
examining how it is implemented and enforced.
2026-2027(latest version verified for
accuracy) (Questions + Answers) Solved
100% Correct!!
Who are the "law makers" in the law and society tradition?
How do they differ?
Law and Society wants to get away from Law as an
abstract concept and the idea that law is independent
from the operation of laws and also reject the idea that
law is followed simply because it is law. They largely see
law as being produced by society and is positivistic ( law
,comes from government not reason). The law is how the
state uses its power and how officials will use their
authority. They believe above all that is it the job of
multiple branches to make law including the legislature,
courts, administrative agencies, and the executive branch
.
what does law and Society scholarship on the legislative
process suggest about ROL in the US, particularly the state
of democratic decision making?
In the law and society traditon the legislative process is 1.
investigation, 2. information gathering, 3. designing a
remedy, 4. aggregaiton of interests, 5. modification, and
6. passage. This system recognizes that there an element
of power politics being played in ROL and it forces us to
consider the question of who has the power to begin this
innvestigation and start the process-- it is with the
individual as democracy leads us to believe or is it more
complicated and requires power such as writers,
protester, media, and public interest groups.
What are the different theories of legislation in the Law
and Society tradition?
Rationalistic- how the bill becomes a law approach, that
laws are rational means of society to protect from social
,norms and there is a set way this process occurs. The
problem is this is incomplete to understand how bill
becomes a law because it fails to account for when things
don't follow this set model.
Functionalist: legislations is reinstitutionalizing culture. we
finf norms and give these norms to the government to
turn into a governing law in some way, like with criminal
law. The government is responding to people but not
necessarily in a personal way, more in a way that there
are certain activities that are harmful and must be
stopped even if people may not rationally understand
why their ideas are delinquent.
conflict: we are better off by emphasizing the conflicts in
society since government is responding to only certain
classes of groups who get to make the law. We need to
pay close attention to who is in charge.
moral/political entrepreneur: there is a process in which
powerful groups who shape legislation have agency and
choice in deciding how to apply their authority, which is
where we get enforcement discretion.
These processes differ in their focuses of law, where law
derives power, and how it is created. It is relevant to ROL
because it reveals how certain ideas of legislative creation
increase disparities between those under law rather than
, minimize them and how law can be used to increasingly
perpetuate these systems.
in what ways might that enforcement discretion
undermine the ROL?
Keeps people being truly equal before the law and can
make it hard to be able to predict the governments
actions and enforcement actions. For example, people
may be more inclined to commit a rape because they feel
that they won't be caught. Or like with the Detroit
segregation case it makes it hard for state governments to
be able to predict how the federal government will view
an incident.
how does the view of law among law and society scholars
help us to evaluate the ROL in the US?
Law and society helps us to understand the question of
what IS the law and says that the physical writing of laws
in insufficient to answer these questions. It helps to
understand legal rules and lwgal enforcement and how
sometimes violations of rules don't necessarily undermine
the ROL. For example, signs in parks that say "Don't Go
Passed this Sign" or minor speeding (5 MPH over), so the
ROL in action is not just identify what the rule is, but also
examining how it is implemented and enforced.
