JURI 2990 Exam 3 ID – Questions With Complete
Solutions
Save Groups
Terms in this set (30)
Who are the "law makers" in the law Law and Society wants to get away from Law as an
and society tradition? How do they abstract concept and the idea that law is
differ? 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 In the law and society traditon the legislative process
scholarship on the legislative process is 1. investigation, 2. information gathering, 3.
suggest about ROL in the US, designing a remedy, 4. aggregaiton of interests, 5.
particularly the state of democratic modification, and 6. passage. This system recognizes
decision making? 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 Rationalistic- how the bill becomes a law approach,
legislation in the Law and Society that laws are rational means of society to protect
tradition? 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 Keeps people being truly equal before the law and
discretion undermine the ROL? 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 Law and society helps us to understand the question
and society scholars help us to of what IS the law and says that the physical writing
evaluate the ROL in the US? 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.
Is enforcement an important source of Yes, things can be technically illegal and not
the separation between "law on the enforced as being consequential. For Example, rape.
books" and "law in action"? What are Obviously rape and sexual assault are both illegal,
some good examples? but funcitonally these cirmes are persecuted far less
than they are committed, in part due to the
enforcement discretion of police who aren't
investigating these crimes as much as they are say
murder or theft. This is relevant to ROL because it
shows how unequal some offenses cna be to others
and how written law can be trumped by enforcement
or int eh case of speeding by societal norm.
Solutions
Save Groups
Terms in this set (30)
Who are the "law makers" in the law Law and Society wants to get away from Law as an
and society tradition? How do they abstract concept and the idea that law is
differ? 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 In the law and society traditon the legislative process
scholarship on the legislative process is 1. investigation, 2. information gathering, 3.
suggest about ROL in the US, designing a remedy, 4. aggregaiton of interests, 5.
particularly the state of democratic modification, and 6. passage. This system recognizes
decision making? 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 Rationalistic- how the bill becomes a law approach,
legislation in the Law and Society that laws are rational means of society to protect
tradition? 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 Keeps people being truly equal before the law and
discretion undermine the ROL? 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 Law and society helps us to understand the question
and society scholars help us to of what IS the law and says that the physical writing
evaluate the ROL in the US? 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.
Is enforcement an important source of Yes, things can be technically illegal and not
the separation between "law on the enforced as being consequential. For Example, rape.
books" and "law in action"? What are Obviously rape and sexual assault are both illegal,
some good examples? but funcitonally these cirmes are persecuted far less
than they are committed, in part due to the
enforcement discretion of police who aren't
investigating these crimes as much as they are say
murder or theft. This is relevant to ROL because it
shows how unequal some offenses cna be to others
and how written law can be trumped by enforcement
or int eh case of speeding by societal norm.
