Deck 2: Theoretical Perspectives

Question 1

_________ would be determined when a religious judge makes a decision without any legal recourse to explicit rules or legal principles.

A) Substantive irrationality
B) Formal irrationality
C) Substantive rationality
D) Formal rationality
E) Situated irrationality

Answer 1

A

Question 2

According to Weber,modern Canadian or Western law would exemplify formal rationality.

Answer 2

True

Question 3

Latent functions are understood to be the unintended consequences of a system designed to serve other purposes.

Answer 3

True

Question 4

E.Adamson Hoebel is considered the founder of left pragmatism.

Question 5

According to __________,the movement of the progressive societies has hitherto been a movement from status to contract.

A) Baron de Montesquieu
B) Herbert Spencer
C) Charles Darwin
D) William Graham Sumner
E) Sir Henry Sumner Maine

Question 6

According to Weber,Kahdi justice is dispensed by the judge of the Islamic Shari'a court.

Question 7

Transitional legal systems are typically characteristic of ___________.

A) early industrial societies
B) post-industrial societies
C) industrial societies
D) hunting-and-gathering societies
E) early agrarian societies

Question 8

Oliver Wendell Holmes is considered father of legal realism.

Question 9

Modern legal systems contain which of the following descriptors?

A) universalistic
B) rational
C) amenable
D) separate
E) all of the above

Question 10

__________ considered the legal and moral to constitute two quite separate and distinct realms in law.

A) Legal realism
B) Dialectical materialism
C) Legal positivism
D) Natural justice
E) Left realism

Question 11

In 1988,the Supreme Court of Canada ruled that employment discrimination against women was an instance of discrimination.

Question 12

According to Durkheim,organic solidarity prevails in relatively simple and homogeneous societies.

Question 13

According to Weber,the use of ordeals and oaths would exemplify formal irrationality.

Question 14

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 ___________.

A) legal realism
B) dialectical materialism
C) legal positivism
D) natural justice
E) left realism

Question 15

According to Montesquieu's Spirit of the Laws,___________.

A) law is a product of economic forces
B) law is a tool of the ruling class on behalf of the economically weak
C) laws can be understood only in the context of particular societies
D) government intervention is seen as an unwanted interference with the laws of natural selection
E) arbitrary will is not legally binding

Question 16

Traditional legal systems are typically characteristic of ___________.

A) early industrial societies
B) post-industrial societies
C) industrial societies
D) hunting-and-gathering societies
E) early agrarian societies

Question 17

Stratification can be measured by differences of social mobility.

Question 18

A distinctive feature of modern legal systems is the proliferation of ___________.

A) criminal law
B) tort Law
C) public law
D) private law
E) administrative law

Question 19

According to Durkheim,mechanical solidarity is associated with repressive and penal law.

Question 20

________________ was the founder and principal proponent of the English historical school of law.

A) Baron de Montesquieu
B) Herbert Spencer
C) Charles Darwin
D) William Graham Sumner
E) Sir Henry Sumner Maine

Question 21

Discuss the three basic methods used in feminist legal research.

Question 22

Your textbook outlines three predominant themes in feminist literature.Identify and discuss each.

Question 23

Identify the theorists typically thought of as the European pioneers of legal study.How do they differ in their theoretical stance?

Question 24

Discuss the foundations and basic tenets of critical legal studies.

Question 25

Discuss the basic tenets of critical race theory.