ENR 4400 Exam 1 Latest
Update
Confucius (Eastern Law) - Answer Non-violent
Fa - Answer Fair (what is perceived as fairness changes over time)
Li - Answer Law
Status (eastern law) - Answer elites can get a break, more leniency
Code of Hammurabi (Western Law) - 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) - 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) - 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) - 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) - Answer Included notions of civil rights, equality before
law (equality of women later), procedural justice, and democracy.
Posited law - 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 - 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 - 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 - 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 - Answer Culture and belief, longstanding practices common to a small
, group, observed/ generally accepted behaviors/actions
Legal systems emerge from - Answer cultural contexts (periods of history, sets of social
relations)
What is a law? - 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 - Answer The process by which laws are enforced.
Paradox of law and state - 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 - 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 - Answer -social conditioning
-popular habits, ideals
-human frailties during emergencies
-risk in administration
-internal disputes
-knowledge
Metes and bounds - Answer legal measure of land brought to the U.S. from England.
Mete= measurement
bound= visual landmark
Public Land Survey System - Answer Created by Thomas Jefferson, it used
Update
Confucius (Eastern Law) - Answer Non-violent
Fa - Answer Fair (what is perceived as fairness changes over time)
Li - Answer Law
Status (eastern law) - Answer elites can get a break, more leniency
Code of Hammurabi (Western Law) - 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) - 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) - 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) - 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) - Answer Included notions of civil rights, equality before
law (equality of women later), procedural justice, and democracy.
Posited law - 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 - 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 - 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 - 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 - Answer Culture and belief, longstanding practices common to a small
, group, observed/ generally accepted behaviors/actions
Legal systems emerge from - Answer cultural contexts (periods of history, sets of social
relations)
What is a law? - 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 - Answer The process by which laws are enforced.
Paradox of law and state - 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 - 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 - Answer -social conditioning
-popular habits, ideals
-human frailties during emergencies
-risk in administration
-internal disputes
-knowledge
Metes and bounds - Answer legal measure of land brought to the U.S. from England.
Mete= measurement
bound= visual landmark
Public Land Survey System - Answer Created by Thomas Jefferson, it used
