Exam 2: Theoretical Perspectives
Oliver Wendell Holmes is considered father of legal realism.
True
Discuss the three basic methods used in feminist legal research.
Feminist legal research utilizes three basic methods to analyze and critique the law from a gender perspective.
The first method is deconstruction, which involves examining legal texts, cases, and statutes to uncover and challenge the underlying assumptions and biases that perpetuate gender inequality. This method seeks to expose how the law has historically been shaped by patriarchal norms and values, and how it continues to perpetuate gender-based discrimination.
The second method is intersectionality, which recognizes that gender inequality is often compounded by other forms of oppression, such as race, class, sexuality, and ability. This method involves analyzing how these intersecting identities impact individuals' experiences with the law and how legal systems can better address the unique challenges faced by marginalized groups.
The third method is participatory action research, which emphasizes the importance of including the voices and experiences of those directly affected by the law in the research process. This method seeks to empower marginalized communities by involving them in the research and analysis of legal issues, and by using their insights to advocate for more inclusive and equitable legal reforms.
By employing these methods, feminist legal research aims to challenge and transform the law to better address the needs and experiences of all individuals, regardless of gender or other intersecting identities.
According to Durkheim,organic solidarity prevails in relatively simple and homogeneous societies.
False
According to __________,the movement of the progressive societies has hitherto been a movement from status to contract.
Modern legal systems contain which of the following descriptors?
_________ would be determined when a religious judge makes a decision without any legal recourse to explicit rules or legal principles.
The religious,social,political,and cultural order of any given epoch is determined by the existing system of production.This is exemplified in the doctrine of ___________.
According to Weber,modern Canadian or Western law would exemplify formal rationality.
________________ was the founder and principal proponent of the English historical school of law.
Your textbook outlines three predominant themes in feminist literature.Identify and discuss each.
Traditional legal systems are typically characteristic of ___________.
According to Durkheim,mechanical solidarity is associated with repressive and penal law.
In 1988,the Supreme Court of Canada ruled that employment discrimination against women was an instance of discrimination.
According to Weber,the use of ordeals and oaths would exemplify formal irrationality.
A distinctive feature of modern legal systems is the proliferation of ___________.
According to Weber,Kahdi justice is dispensed by the judge of the Islamic Shari'a court.
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