Exam 1: Law: Its Function and Purpose

Emile Durkheim was interested in the relationship between types of law and types of society.

The ___________ surrounding the law helps those who observe it to "feel" its majesty and awesome power and thus helps to legitimize and sustain it.

Aristotle's ideas were later given impetus by Jeremy Bentham, who popularized the "greatest happiness for the greatest number" principle in the early nineteenth century.

Less serious norms are called values.

Concrete physical signs that "stand for" and signify abstractions are norms.

The process of oath-swearing, used to settle cases in some Islamic countries, is an example of which of Weber's legal decision-making typologies?

Max Weber argued that formal irrationality is the most common form of rule-making in most governments.

Identify and define Weber's four methods of legal decision-making.

Laws that arise from the norms and customs of a given culture is known as:

John Rawls alluded to natural law when he compared law to a scientific theory.

The administration of law under the Code of Hammurabi was:

Weber's formal rationality legal decision-making typology is the least rational of the four types.

What is a vast repository of information about culture and is in effect the "storehouse of culture"?

______________ may be about things that are tangible and observable and things that are not.

According to Durkheim, in an organic solidarity society, ____________ is weakened because of the basically unemotional pattern of temporary and goal-directed interaction.

Which influential thinker thought the social contract was necessary because the state of nature (i.e., pre-civilized life) was a "war of all against all" and was "nasty, brutal, and short"?

John Locke equated law with justice and favored an egalitarian system.

For Plato, ___________ are not subjective mental images confined to our minds but are real essences wholly independent of our knowledge about them, which contain the only true and ultimate realities.

Compare and contrast Durkheim's two types of social solidarity societies. Provide real life examples of a place that fits each type (city, town, etc.) and why it fits that type.

A hypothesized universal set of moral standards is known as natural law.