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ENR 4400 Exam 1 Questions and Answers 100% Pass

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ENR 4400 Exam 1 Questions and Answers 100% Pass

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ENR 4400
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ENR 4400

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ENR 4400 Exam 1 Questions and
Answers 100% Pass

Confucius (Eastern Law) - ✔✔Non-violent


Fa - ✔✔Fair (what is perceived as fairness changes over time)


Li - ✔✔Law


Status (eastern law) - ✔✔elites can get a break, more leniency


Code of Hammurabi (Western Law) - ✔✔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) - ✔✔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) - ✔✔Judeo-Christian-Muslim laws that were based on morals and ethics such

as the ten commandments (thou shalt not kill, etc.)


Natural Law (western) - ✔✔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.




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Anglo-American (western law) - ✔✔Included notions of civil rights, equality before law (equality of

women later), procedural justice, and democracy.


Posited law - ✔✔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 - ✔✔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 - ✔✔She wrote the Vindication of the Rights of Woman and included that reason,

virtue, and knowledge should be the roles of women.


Olympe deGouges - ✔✔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 - ✔✔Culture and belief, longstanding practices common to a small group, observed/

generally accepted behaviors/actions


Legal systems emerge from - ✔✔cultural contexts (periods of history, sets of social relations)


What is a law? - ✔✔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 - ✔✔The process by which laws are enforced.


Paradox of law and state - ✔✔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 - ✔✔-resolve disputes


-maintain order


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