Chapter 2: Theories of Law and Justice

Test Bank

Multiple Choice

1. Identify from below, the figure who is associated with Utilitarianism.

A. Bentham

B. Black

C. Kant

D. Marx

2. Society developing through various socioeconomic stages and concentrating on the transition from capitalism to communism is best associated with which figure?

A. Marxism

B. Legal Realism

C. Legal Positivism

D. Utilitarianism

3. Max Weber discussed three different types of authority. Identify the example below that falls in the charismatic authority category.

A. Hebrew prophets such as Ezekiel

B. Pharaohs

C. Feudal lords

D. Patriarchs

4. Identify which one of the following describes Weber’s definition of formal irrational thought.

A. Decisions are made by charismatic and traditional authority on a case by case basis and are guided by ethical, religious, and political considerations.

B. Decisions are made by charismatic and traditional authorities and are based on principles drawn from nonlegal, political, and religious sources.

C. Established procedures are employed by charismatic or traditional authorities and decisions are irrationally derived without explanation and are based on divine revelations or personal insight.

D. Decisions are based on logical analysis of legal rules found in legal sources; universal rules are set in written documents and applied in uniform fashion.

5. The President of the United States of America would be an example of a leader who engages in what type of thought according to Weber?

A. formal rational thought

B. formal irrational thought

C. substantive rational thought

D. substantive irrational thought

6. Scholars who view legal decisions as being explained by extra-legal factors, such as a judge’s experiences and prejudices, fall under which of the following philosophies?

A. legal realism

B. critical race theory

C. functionalism

D. legal behavioralism

7. The historic figure, Roscoe Pound, argued that law should be evaluated based on the results it achieves, rather than based on the logical consistency of legal rules. This is known as ______.

A. legal behavioralism

B. functionalism

C. sociological jurisprudence

D. legal formalism

8. August Comte and Talcott Parsons would be classified as ______.

A. functionalists

B. legal behavioralists

C. feminists

D. liberatarianists

9. Critical Legal Studies contains which of the following themes?

A. marginality, antiformalism, and trashing

B. marginality, antiformalism, and race

C. marginality, utopian reform, and gender

D. marginality, ideology, and race

10. In Critical Legal Studies, contradiction refers to ______.

A. law reflecting an underlying philosophy that favors the wealthy

B. revealing a gap between the assumptions underlying the law and social reality

C. the fact that there is no correct answer

D. no consistent values underlying the approach to legal issues

11. In Critical Legal Theory, antiformalism refers to ______.

A. most people not consulting the law in their interpersonal relationships

B. law not being a logical and rational system of reasoning

C. the application of principles from one area to another area

D. there not being a single correct answer in legal practice

12. In Critical Legal Studies, marginality refers to ______.

A. most people not consulting the law in their interpersonal relationships

B. law reflecting the underlying philosophy that favors the wealthy

C. law reflecting the underlying philosophy that favors the existing economic system

D. the gap between the assumptions underlying the law and social reality

13. Identify which one of the following uses statistics to test whether there is a correlation between the personal characteristics of judges and the content of their judicial opinions?

A. legal functionalism

B. legal formalism

C. critical race theory

D. judicial behavioralism

14. Government should be limited to combating crime, protecting private property, enforcing contracts, and safeguarding the national defense. This statement best fits with which of the following?

A. critical race theory

B. feminism

C. legal behavioralism

D. libertarianism

15. A divine lineage leader, such as a Pharaoh, would be an example of a leader who engages in what type of thought according to Weber?

A. substantive rational thought

B. substantive irrational thought

C. formal rational thought

D. formal irrational thought

16. According to Weber, the Buddhist Emperor Ashoka would be an example of a leader who engages in what type of thought?

A. substantive irrational thought

B. substantive rational thought

C. formal irrational thought

D. formal rational thought

17. Which of the following describes Weber’s definition of substantive rational thought?

A. Procedures are employed by charismatic or traditional authorities but decisions are irrationally derived without explanation and are based on divine revelation or personal insight.

B. Decisions are made by a charismatic and traditional authority on a case by case basis and are guided by ethical, religious, and political considerations rather than on the basis of general rules.

C. Decisions based on logical analysis of legal rules found in legal sources; universal rules set in written documents and applied in uniform fashion.

D. Decisions are made by charismatic and traditional authorities and are based on principles drawn from nonlegal, political, and religious sources; there is a concern over consistency—religious, ethical, or political ideals.

18. “Law should maximize the greatest good for the greatest number of individuals.” This statement best falls under ______.

A. Categorical Imperative

B. Legal Realism

C. Sociological Jurisprudence

D. Utilitarianism

19. Law is the command of the sovereign, an order accompanied by a threat to impose a disability or punishment for disobedience. This definition of law is known as ______.

A. natural law

B. utilitarianism

C. legal positivism

D. legal realism

20. “There is in fact a true law, namely right reason, which is in accordance with nature, applies to all men and is unchangeable and eternal,” is a definition of natural law by which philosopher?

A. Aquinas

B. Cicero

C. Austin

D. Bentham

21. Health care should be devoted to the young rather than old because they are more likely to give a greater contribution to the future of the country (due to longer life expectancy). This is an example of what view of law?

A. legal realism

B. utilitarianism

C. legal positivism

D. legal behavioralism

22. Society developing through various socioeconomic stages and concentrated on the transition from capitalism to communism. Which of the following best fits the statement above?

A. Marxism

B. legal realism

C. legal positivism

D. utilitarianism

23. The Communist Manifesto was written by ______.

A. Émile Durkheim

B. Karl Marx

C. Max Weber

D. Thomas Aquinas

24. Max Weber discussed three different types of authority. Which example falls in the traditional authority category?

A. Theodore Roosevelt

B. Hebrew prophets such as Ezekiel

C. President of the United States

D. Pharaohs

25. Max Weber discussed three different types of authority. Which example falls in the rational-legal authority category?

A. Theodore Roosevelt

B. Hebrew prophets such as Ezekiel

C. President of the United States

D. Pharaohs

26. Which of the following describes Weber’s definition of substantive irrational thought?

A. Decisions are made by a charismatic and traditional authority on a case by case basis and are guided by ethical, religious, and political considerations rather than on the basis of general rules.

B. Established procedures are employed by charismatic or traditional authorities and decisions are derived without explanation and are based on divine revelation or personal insight.

C. Decisions are made by charismatic and traditional authorities and are based on principles drawn from nonlegal, political, and religious sources; there is no concern over consistency.

D. Decisions are made based on logical analysis of legal rules found in legal sources; universal rules set in written documents and applied in uniform fashion.

27. Which of the following describes Weber’s definition of formal rational thought?

A. Established procedures are employed by charismatic or traditional authorities although decisions are irrationally derived without explanation and are based on divine revelation or personal insight.

B. Decisions based on logical analysis of legal rules found in legal sources; universal rules set in written documents and applied in uniform fashion.

C. Decisions are made by a charismatic and traditional authority on a case by case basis and are guided by ethical, religious, and political considerations rather than on the basis of general rules; there is no concern with consistency.

D. Decisions are made by charismatic and traditional authorities and based on principles drawn from nonlegal, political, and religious sources; there is concern with religious, ethical, and political ideals.

28. A Muslim judge (khadi justice) would be an example of a leader who engages in what type of thought according to Weber?

A. formal irrational thought

B. formal rational thought

C. substantive irrational thought

D. substantive rational thought

29. Oliver Wendell Holmes Jr.’s philosophy (“the life of law has not been logic, it has been experience,” or, rather, that judges are not prejudice free in decision making) became known as ______.

A. legal formalism

B. legal realism

C. legal behavioralism

D. legal functionalism

30. Talcott Parsons theorized that in order to survive and prosper, social systems and subsystems must satisfy four functional imperatives. Which selection below refers to the law performing an integrative function by settling disputes and maintaining order?

A. integration

B. latency

C. goal attainment

D. adaptation

31. In Critical Legal Studies, the term “trashing” refers to ______.

A. the revealing of the gap between the assumptions underlying the law and social reality

B. the underlying philosophy that favors the wealthy and the existing economic system

C. the application of principles from one area to another area (e.g., the democratic principles should be extended from the public sphere to the workplace)

D. most people not consulting the law in their interpersonal relationship

32. In Critical Legal Studies, flippability refers to ______.

A. most people failing to consult the law in their interpersonal relationships

B. law reflecting an underlying philosophy that favors the existing economic system

C. law reflecting an underlying philosophy that favors the wealthy

D. the law does not have a single correct answer

33. Which of the following are traits of critical race theory?

A. narrative form of expression, flippability of law, and focus on gender and law

B. narrative form of expression, concern with public policy reform, and focus on gender and law

C. narrative form of expression, concern with public policy reform, and focus on race and law

D. narrative form of expression, flippability of law, and focus on race and law

34. Which subgroup of feminism challenges the notion that men and women are the same and advocates a transformation and feminization of the legal doctrine?

A. intersectional feminism

B. liberal feminism

C. cultural feminism

D. dominance feminism

35. Which subgroup of feminism emphasizes reforming the system so it is equal?

A. liberal feminism

B. dominance feminism

C. intersectional feminism

D. cultural feminism

1. Cultural feminism emphasizes the interaction of race and gender and how that impacts women.

2. The three classical sociological theorists are Weber, Marx, and Kant.

3. Judicial behavioralism uses statistics to test whether there is a correlation between the personal characteristics of judges and the content of their judicial opinions.

4. Legal positivism is concerned with the goodness or badness of legal rules.

5. Legal realism is the idea that legal rules are the product of logical analysis and that the outcome of cases is dictated by the mechanical application of legal rules.

6. Mechanical solidarity is found in large scale diverse societies with an economic division of labor.

7. Laws that use the power of the state to promote virtue are called morals legislation.

8. Indeterminancy refers to the flippability of law.

9. Cultural feminism emphasizes the interaction of race and gender and how that impacts women.

10. Roscoe Pound wrote the Communist Manifesto and believed that the law serves the interest of the industry.

11. In formal irrational thought, decisions are based on logical analysis of legal rules found in legal sources.

12. Utilitarianism is guided by the idea that individuals in their personal lives act to maximize their pleasure and minimize their pain.

13. An individual obeyed because of what are viewed as his or her extraordinary qualities either based on supernatural or heroic powers of connection with God have feudalistic authority.

14. Roscoe Pound is the writer of “The Division of Labor” and a theorist who explored social solidarity, the glue that keeps society together.

15. Judicial behavioralism uses statistics to test whether there is a correlation between the personal characteristics of judges and the content of their judicial opinions.

1. Define and explain the core principle of libertarianism and its relationship to individual freedom.

2. Describe and summarize the movement known as American legal realism.

3. Define feminist jurisprudence and summarize the common theme found.

4. Define and discuss critical race theory (CRT) and summarize its origin.

5. Explain the main aspects of sociological jurisprudence and identify its founder.