Law Its Function And Purpose Full Test Bank Chapter.1

CHAPTER 1

LAW: ITS FUNCTION AND PURPOSE

MULTIPLE CHOICE QUESTIONS

1. Max Weber argued that

a) if a society is to advance to a more modern and complex structure, it must be governed by rational law.

b) social solidarity is either mechanical or organic.

c) the state of nature is a time of harmony.

d) substantive rationality is the key to understanding complex societies.

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.

d) the totality of learned, socially transmitted behaviors, ideas, values, and customs but not the artifacts and technology of groups of people.

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 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. Positivist law is everything below except what?

a) It is socially constructed.

b) It is morally relativistic.

c) It deals with how law ought to be rather than as it is.

d) It distinguishes between law and morality.

6. 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.

7. The administration of law under Hammurabi was

a) reserved for law enforcement.

b) the exclusive domain of the priesthood.

c) rather loosely configured and largely ineffective.

d) exercised by the correctional authorities.

8. 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.

9. Aristotle was a famous philosopher

a) and contemporary of Karl Marx.

b) who felt that rulers must be subservient to the law.

c) who favored the concept of a “philosopher king.”

d) who was anti-utilitarian.

10. Thomas Hobbes

a) was the best-known French philosopher of the seventeenth century.

b) felt that a weak sovereign is the best.

c) wrote the Second Treatise on Government.

d) disavowed the notion of natural law in a Platonic and Aristotelian sense.

11. 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.

12. John Locke

a) felt that humans enjoy freedom and independence in the state of nature.

b) felt that people have to surrender their liberty to live in a political state.

c) felt that government needs to restrain individuals to prevent chaos in society.

d) had little influence on the framers of the U.S. Constitution.

13. 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.

14. 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.

15. The idea that what we perceive with our senses are imperfect and transitory copies of eternal realities comes from the thinking of

a) Hammurabi.

b) Plato.

c) Aristotle.

d) Hobbes.

e) Rawls.

16. Which of the following theorists equated law with justice and favored an egalitarian system?

a) Hammurabi

b) Plato

c) Aristotle

d) Hobbes

e) Rawls

17. Which of the following theorists thought the social contract was necessary because life in the state of nature is “nasty, brutal, and short”?

a) Hammurabi

b) Plato

c) Aristotle

d) Hobbes

e) Rawls

18. Which of the following is not a social institution identified by sociologists?

a) family system

b) health-care system

c) economic system

d) political system

e) legal system

19. Which legal philosopher argued that individuals would choose equal liberties and opportunities for everyone if they chose behind a veil of ignorance?

a) Rawls

b) Aristotle

c) Plato

d) Hobbes

e) Locke

20. It would be practically impossible to develop any kind of culture without

a) language.

b) what Plato called substantial rationality.

c) Hobbes’s state of nature.

d) a social contract.

21. Critical legal theory

a) is considered to be conservative.

b) is a radical left-wing legal realism.

c) supports the status quo.

d) claims that laws favor the working class.

22. A norm is

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

23. 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.

24. Without language

a) none of the other characteristics of culture would be possible.

b) technology transfer would be improved.

c) a clearly defined law is possible.

d) culture would still be possible.

25. Hammurabi’s Code governed relationships in society related to

a) sexual behavior, property rights, theft, and acts of violence.

b) sexual behavior, property, and theft but not acts of violence.

c) sexual behavior, property, and acts of violence but not theft.

d) property, theft, and acts of violence but not sexual behavior.

26. Which of the following theorists was most concerned with the predictability of law?

a) Hammurabi

b) Marx

c) Weber

d) Hobbes

e) Durkheim

27. Which concept of justice was included in the Code of Hammurabi?

a) rehabilitation

b) torture

c) lex talionis

d) tabula rasa

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

a) substantive-irrational

b) substantive-rational

c) formal-irrational

d) formal-rational

29. Which of the following theorists was most concerned with social solidarity?

a) Hammurabi

b) Marx

c) Weber

d) Hobbes

e) Durkheim

30. All of the legal theorists discussed in the book had a _________view of law and society.

a) contract

b) conflict

c) consensus

d) communitarian