Chapter 8

Question 1

The belief that murder is inherently wrong is an example of…?

Answer 1

Natural law.

Question 2

Good Samaritan laws are…?

Answer 2

The same in Europe as in the United States.

Question 3

Under the social contract theory the law is a(n)…?

Answer 3

Option.

Question 4

John Stuart Mill proposed the “harm principle,” which basically is the idea that every individual should…?

Answer 4

Have the utmost freedom over their own actions unless they harm others.

Question 5

Legal paternalism refers to…?

Answer 5

Laws that protect societal morals.

Question 6

What is not a rule of legal paternalism?

Answer 6

Laws should allow private individuals to make decisions about private matters.

Question 7

Legal moralism refers to…?

Answer 7

Where law is moral agent of society–some say in areas where there is no moral agreement. (laws should reflect societal values and what is considered right or wrong.)

Question 8

Legal moralism has been used to justify laws for and against?

Answer 8

Same-sex marriage.

Question 9

Obergefell v. Hodges held that…?

Answer 9

Same-sex marriage must be recognized by all states.

Question 10

Natural law refers to…?

Answer 10

The idea that principles of morals and rights are inherent in nature.

Question 10

Positivist law refers to…?

Answer 10

Those laws written and enforced by society.

Question 11

The consensus paradigm is most closely related with whom?

Answer 11

Émile Durkheim.

Question 12

What is NOT consistent with the consensus paradigm?

Answer 12

Law is representative of the ruling classes only. (Law only speaks for upper classes)

Question 13

The consensus paradigm reflects the idea that…?

Answer 13

Most people have similar beliefs, values, and goals and that societal laws reflect the majority view.

Question 14

The conflict paradigm reflects the idea that…?

Answer 14

Groups in society have fundamental differences and that those in power control societal elements, including law. (the belief that conflict is inevitable in human interactions.)

Question 15

The pluralist paradigm reflects the idea that…?

Answer 15

There are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power. (the idea that in a democracy, multiple groups compete for power and influence, ensuring a balance of interests.)

Question 16

According to a 2016 Gallup Poll measuring trust, which of the following were rated by those questioned to have the highest standards of honesty and ethics?

Answer 16

Police.

Question 17

What’s a fact according to the conflict paradigm?

Answer 17

Those who control major social institutions determine how crime is defined.

Question 18

What’s a fact according to the pluralist paradigm?

Answer 18

Law arises from interest groups, but coalitions and shared interests may shift the balance of power.

Question 19

Which paradigm of law highlights the inequity of a capitalist system?

Answer 19

Conflict paradigm.

Question 20

Which would be least receptive to the concept of natural rights?

Answer 20

Strict constitutionalists.