3260 Midterm

Question 1

Customs

Answer 1

Rules of conduct in situations that are long in duration and generally observed without thinking

Taken for granted assumption of how individuals conduct themselves

No obligation to follow customs

Question 2

Conventions

Answer 2

Rules of conduct that involves a sense of duty or obligation

Disproval of those who don’t follow conventions

Question 3

Legal Plurism (Paul Schiff Berman)

Answer 3

“What people view as law”

Emerged in the 70s

Multiple sources of authority and sites where law can be produced

Adopts an expansive understanding of law and shouldn’t only be recognized as a system of governements and rules

In every derestriction, there’re different rules

Question 4

Why law is difficult to define

Answer 4

Contemporary societies
- varity of rules and not all constitute as law

Social norms
- shared convictions about what behaviour is deemed appropriate for group members

Question 5

Baglay’s 3 determining factors of a social norm becoming law

Answer 5

Follows a process

Backed by authority

Virtues that legal rules should possess

Question 6

4 Virtues legal rules should posses

Answer 6

Prospective vs retroactive
- individuals should know the rules to make informed decisions

Constant
- laws shouldn’t change too frequently

Intelligible
- individuals should have a clear idea of the rules and consequences

Accessible
- individuals should know where to find the rule and who to ask questions to

Question 7

Functions of law

Answer 7

Social control

Social change

Dispute settlement

Question 8

4 forms of justice

Answer 8

Distributive Justice
- rule about how resources and entitlement are allocated in society (eg. taxation)

Corrective Justice
- Restore equality by returning victim to their position prior to incident (eg. class action law suit

Retributive Justice
- wrongdoer should be subject to punishment proportionate to action

Restorative Justice
- Restores the relationship between the victim and the wrongdoer as well as community

Question 9

Dysfunctions of Law

Answer 9

Can benefit individuals and groups with wealth and power over others

Can reflect interests of those who have a voice

Question 10

Substantive Law

Answer 10

Outlines rights and obligations of legal persons and duties of administered by courts

Defines behaviours that are allowed and those prohibited

Question 11

Procedural Law

Answer 11

Determines procedures to be followed when enforcing law

Question 12

Public Law

Answer 12

Deals with collective interests

Governs the relationship between individuals and the state as well as society at large

Criminal law
- concerned with definition of crime and the prosecution and penal

Question 13

Private Law

Answer 13

Rules governing relationships between individuals

Civil law
- Tort law
- wills, contracts, and marriages

Question 14

First degree murder

Answer 14

A murder that is planned and deliberate

Question 15

The Rule of Law

Answer 15

No one is above the law (a social contract)

Question 16

Injunction

Answer 16

Court order compelling certain type of conduct by an individual, group, or corporation

Question 17

Historical (method of research)

Answer 17

Records, diaries, news papers

Method to reconstruct and analyze a phenomenon they’re already studying

Limited in accuracy because the data us from another individual

Question 18

Observations (method of research)

Answer 18

Can be done in lab or field

Mock trials to understand how juries respond to simulated cases

opportunity to record info as event unfold or shortly after

Increases validity of info

Limitation: non applicable to large social setting

Question 19

Experimental (method of research)

Answer 19

Eg. Davis, Henley, and Smith Study (90s)

Examined victim impact statements and the correspondent between impact statements and sentence.

Results: no indication that impact statements resulted in greater feelings of involvement or satisfaction. Nor did it slow the process or make an impact on sentencing

Limitations: costly, can take years, ethical and legal considerations can prohibit the use of people in experiments

Question 20

Survey (method of research

Answer 20

Has become dominant because it covers large areas and sample sizes

Limitations: response rate, people dropping out, ability of subjects to understand, people move and pass away,

Question 21

Natural Law

Answer 21

Links human made law to laws of nature

Consistency of law with higher moral values

We can objectively know what’s right and wrong

Question 22

Legal Positivism

Answer 22

Challenge natural law perspective

Looks at the way law is made

Law is independent of social and moral considerations

Question 23

Legal Realism (Oliver Wendell Holmes Jr.)

Answer 23

Examines how law is being applied and practiced

Focus on judicial decision making (difference between what judges say their reason is and what it actually is) - influences by biases

Emphasis on analyzing broader social, economic, and political context

Judges political preference impacted decision making
- Quebec judges more conservative in cases involving human rights Ontario more liberal

Question 24

Critical Legal Studies (CLS) (1970s)

Answer 24

Law is part of a power structure

Draws attention to racial and wealth inequalities and their impact on law

Questions neutrality and objectivity of law

Law legitimizes the values of those in power

Question 25

Critical Race Theory

Answer 25

Focused on Discrimination, oppression, equality, and lack of diversity within the legal system

Law manifests racism

Methodological contribution to law and society scholarship
- activist approach to change
- storytelling as a tool
- pro-narative (personal account rather than stats

Question 26

Feminist legal theory

Answer 26

Body of knowledge and political movement aimed to understand and alleviate inequality experienced by women.

Underlining concern of patriarchy

Question 27

Liberal Feminist Theory

Answer 27

Individual rights, equality, individual choice

Acknowledges women are unequal in society
- Culture (gender roles restrict women in the home and out of the public sphere)
- Socialization (males and females have been taught to conform to gender role and identities of masculinity and femininity

Question 28

Radical Feminism

Answer 28

Advocate dramatic change by highlighting relations in society are gender inequalities

Fuelled by discovery of violence women encounter by males and the subordinate status it results in

Question 29

Mechanisms by which the English language perpetuates racist values and beliefs

Answer 29

Obvious bigotry
- derogatory language used in reference to marginalized social groups (eg. slurs against racial communities, women, lgbtq)

Colour symbolism
- Colour terms we use to describe particular groups (eg. pink femininity, blue masculinity)

Gendered language
- bigatory, exclusive rather than inclusive. When we use he or his to describe a person that person become male
(removing 600 gender binary terms form policies and laws to more gender neutral terms)

Question 30

Stereotyping

Answer 30

Mechanism used to construct differences

The overgeneralization about traits, characteristics that are shared with certian groups

Leads to hierarchies with certain groups at the top

Question 31

Discrimination

Answer 31

Behaviours and actions that disadvantage some groups relative to others

Question 32

Institutional Discrimination

Answer 32

Established laws, customs, polices, and practices that reflect and produce inequalities in society

Usually carried out by dominant groups with the intent to exclude or marginalize groups

Question 33

Structural Discrimination

Answer 33

Reflects policies and practices that appear neutral on the surface but effect groups

Eg. seniority in workplace when laying off, women weren’t officially excluded from policing but the weight and hight requirements excluded them

Question 34

Prejudice

Answer 34

Tendency to prejudge, typically in negative terms. Negative attitudes/judgements of people because of their group membership.