Ch.1 Test Bank Docx Law Its Function And Purpose Walsh

CHAPTER 1

LAW: ITS FUNCTION AND PURPOSE

MULTIPLE CHOICE QUESTIONS

1. Law justly promulgated and justly applied is the bedrock of individual liberty and:

a. social progress

b. morality

c. law

d. human nature

2. Culture is:

a. composed of ideas and values

b. learned and socially transmitted behaviors

c. the totality of learned, socially transmitted behaviors, ideas, values, customs, artifacts, and technology of groups of people living in a common society

d. the totality of learned, socially transmitted behaviors, ideas, values, and customs but not the artifacts and technology of groups of people living in a common society

3. Beliefs are:

a. ideas that we have about how the world operates and what is true and false

b. composed of ideas and values

c. always about tangible phenomena

d. the same as values and norms

4. Values are:

a. more general and abstract than specific beliefs

b. developed by the time a child has reached four years of age

c. basically the same across cultures and time

d. very close to what philosophers call language

5. A norm is:

a. a normative standard shared by a culture about what is good and bad, correct and incorrect, moral and immoral, normal and deviant

b. the action component of a value or belief

c. laws that are not criminal in nature

d. much the same as symbols

6. Laws that arise from the norms of a given culture is known as:

a. positive law

b. human law

c. natural law

d. legal positivism

7. A hypothesized universal set of moral standards is known as:

a. positive law

b. human law

c. natural law

d. legal positivism

8. What explains law by examining its cultural context and studying the cultural sources of law as it is, without passing moral judgments?

a. positive law

b. human law

c. natural law

d. legal positivism

9. Since there is no objective way of determining truth and error, ______________ relieves us of the burden of being in error.

a. positivism

b. naturalism

c. culturalism

d. relativism

10. Concrete physical signs that signify abstractions are:

a. Norms

b. Values

c. Beliefs

d. Symbols

11. The totality of knowledge and techniques a people employ to create material object of their sustenance and comfort is/are:

a. technology

b. values

c. symbols

d. norms

12. According to Vago (1991), different stages of technology affect law in all of the following ways EXCEPT:

a. it supplies technical refinements that change ways in which criminal investigations are made and the law is applied

b. it allows the legal process to move at a faster pace

c. technological advances in media may change the intellectual climate in which legal process is executed

d. new technology presents the law with new conditions with which it must wrestle

13. Language is:

a. unrelated to the law

b. often used to justify new cultural irrationalities

c. a way to formulate, articulate, and understand rules of conduct

d. not useful in discussing abstract terms

14. Hammurabi was known for:

a. the elaborate pyramids that he built

b. his agreement with the ideas of John Locke

c. his development of the first written legal code

d. his ideas about natural law

15. The oldest acknowledged written legal code is:

a. Twelve Tables

b. Code of Hammurabi

c. Magna Carta

d. Model Penal Code

16. Plato’s best-known contribution to philosophy was his:

a. concept of natural law

b. concept of parens patriae

c. theory of forms

d. theory of false consciousness

17. Which philosopher argued the state was virtuous?

a. Plato

b. Rawls

c. Hobbes

d. Locke

18. Which of the below theorists equated law with justice and favored an egalitarian system?

a. Hammurabi

b. Plato

c. Aristotle

d. Hobbes

19. Which philosopher originally argued that the goal of legislature must be to provide for the greatest happiness of the greatest number?

a. Aristotle

b. Plato

c. Rawls

d. Locke

20. Which philosopher originally came up with the idea that social conditions drove humans to devise a social contract in order to create a state that could protect them from predation and exploitation?

a. Hobbes

b. Locke

c. Rawls

d. Plato

21. John Locke:

a. held a pessimistic view of nature

b. felt that the state of nature is “warlike”

c. was rather elitist in his views of government and the individual

d. postulated that the state of nature has natural laws based on moral obligations

22. Which philosopher shaped his theory of justice with the use of a thought experiment by conjuring up a hypothetical situation he termed the original position?

a. Plato

b. Rawls

c. Hobbes

d. Locke

23. Max Weber:

a. was a well-known German astronomer

b. argued that the law is different from other kinds of rule-following behavior

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

d. was considered a utilitarian

24. Which of Weber’s decision-making typologies is guided by a set of internally consistent general principles other than law?

a. Substantive Irrationality

b. Formal Irrationality

c. Substantive Rationality

d. Formal Rationality

25. All Western legal systems fall into which of the below categories?

a. substantive-irrational

b. substantive-rational

c. formal-irrational

d. formal-rational

26. Durkheim’s basic theme was:

a. that all societies exist on the basis of a common moral order

b. that society is based on rational self-interest as implied in the “social contract”

c. substantive irrationality

d. formal irrationality

27. Which of Durkheim's types of social solidarity grows out of sameness-out of a commonality of experience-and produces a very strong collective conscience or collective consciousness?

a. consensus solidarity

b. organic solidarity

c. mechanical solidarity

d. conflict solidarity

28. Which perspective argues that social stability is also achieved through cooperation?

a. consensus

b. mechanical

c. conflict

d. organic

29. Karl Marx asserted that the working classes have accepted an ideological worldview that is contrary to their best interests, known as the idea of:

a. false values

b. false consensus

c. false consciousness

d. false social class

30. Critical legal theory:

a. is considered to be radically conservative

b. is a sort of radical left-wing legal realism

c. supports the status quo

d. claims that laws favor the working class

TRUE/FALSE QUESTIONS

1. Law is a system of proscribed and prescribed behavior.
2. Culture is a learned behavior.
3. Beliefs are ideas that we have about how the world operates.
4. Symbols are not a significant component of culture.
5. Norms are the “storehouse of culture.”.
6. Thomas Hobbes is known for his “theory of forms.”
7. Hammurabi did not depend on a deity to justify his laws.
8. Aristotle was a student of Plato.
9. Plato was an elitist credited with developing the concept of the “philosopher king.”
10. Thomas Hobbes was a contemporary of Plato.
11. John Locke’s view of the state of nature was one of constant war.
12. Thomas Hobbes’s view of the state of nature was one of harmony.
13. Emile Durkheim argued that societies are characterized by either organic or mechanical solidarity.
14. In non-industrial societies social relations are based on primary group relationships.
15. Sociologists who study the law as a social institution tend to hold either a consensus or conflict view of society.
16. Aristotle equates the concept of law with justice.
17. John Locke and Thomas Hobbes were largely in agreement about the state of nature.
18. Thomas Hobbes disavowed any belief in natural law or justice.
19. Marx equated the concept of law with justice.
20. The criminal law changes with the type of solidarity of a society.
21. Hobbes was a strong believer in natural law.
22. Positive law theorists are moral absolutists.
23. Law is socially constructed for positivist theorists.
24. The moral quality of the law is an essential concern of legal positivists.
25. Symbols are physical, tangible things that stand for abstract principles.
26. Aristotle thought that even kings should be subject to the law.
27. Plato believed that positive law is flawed.
28. Modern societies are characterized by Durkheim’s mechanical solidarity.
29. A norm is the action component of a value or belief.
30. The critical legal theory claims that law is politics by other means in the sense that it is a way the “privileged classes” maintain their favored place in society and a way to “legitimately” keep the working class down.

ESSAY QUESTIONS

1. Compare and contrast beliefs and values. Provide examples of each.
2. What are norms? How do they differ from beliefs and values? Provide some examples of a norm.
3. How can technology affect laws? Use examples to discuss your answer.
4. Choose one “legal thinker” discussed in this chapter and discuss that person’s legal philosophy.
5. What are the key differences between the conflict and consensus models of the law?