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Issues In Law & Society > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

What are the origins of theoretical perspectives?

A

Natural law, Functionalist( Social Consensus), Conflict

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2
Q

What are contemporary theoretical perspectives?

A

Critical legal, critical race, feminist legal

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3
Q

What is natural law?

A

Argues that laws are part of reality discovered by humans; criminal laws=laws of physics

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4
Q

Where are mandates from with natural law?

A

Religion or philosophy

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5
Q

Why was Functionalist perspective created?

A

Developed in response to uncertainty of French Revolution

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6
Q

Focuses on social order and emphasizes how parts of society contribute to the overall society (views society as a system of interdependent and interrelated parts)

A

Functionalist

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7
Q

What are Manifest Functions?

A

Anticipated or intend consequences of social institutions

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8
Q

What are the types of Functions ?

A

Latent, Dysfunctions

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9
Q

Unintended or unrecognized consequences of social instituons

A

Latent Functions

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10
Q

Aspects of society that threaten to disrupt social stability and order

A

Dysfunctions

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11
Q

What is Deviance a form of?

A

Dysfunction

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12
Q

Importance of Deviance according to Durkheim

A

Clarifies social norms, increases conformity, strengthens social bond, positive social change

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13
Q

Assumes most people that regardless of demographics hold similar social and political views

A

Consensus Theory

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14
Q

most of the members of society agree on what is good and cooperate to achieve it

A

Consensus Theory

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15
Q

Originated in the world of Marx & Engles

A

Conflict

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16
Q

Portrays society as constantly changing and marked by conflict

A

Conflict

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17
Q

Argues that it is the conflict that occurs between the social classes that is the key force for societal change?

A

Marx for Conflict

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18
Q

Proposes that society is composed of diverse groups with conflicting values and interests with differential access to wealth, power, and prestige

A

Conflict

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19
Q

Asserts that laws are generated by those with power (money, physical strength, authority, technology/weapons)

A

Conflict

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20
Q

These laws are often created to disadvantage those not in power and to maintain the control of those in power

A

Conflict

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21
Q

What are the differences in Conflict views?

A

Instrumental, Structuralist, Dialectic

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22
Q

What is Instrumental Conflict view?

A

The ruling class, as a collective, control the lower classes by controlling the state

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23
Q

What is the critique of Instrumental conflict view

A

Ruling class doesn’t always agree in important issues

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24
Q

What is structuralist conflict views?

A

The ruling class will compete with each other for short term advantages even at the expense of the larger society; the state is relatively autonomous

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25
Q

What is the critique of structuralist conflict view

A

Disbelief that the lower class make substantive gains in society

26
Q

What is dialectic conflict views?

A

Social change is achieved though class conflict and that there are real gains by the lower classes

27
Q

Viewed law as a major contributor to social inequality: Combined verrous perspectives and addressed the nature and quality of legal education

A

Critical Legal Studies

28
Q

Law is comprised of beliefs, values, and symbolism

A

Law is Ideology

29
Q

What is Legal Education

A

Information and norms of the law are transmitted to the next generation via the legal education system

30
Q

What are critical race general assumptions?

A

AMERICAN society is inherently biased toward whites and te racism is institutionalized within the law

31
Q

What are assumptions of Feminist Legal Theory

A

A women’s experience differ from that of their make counterparts; A woman’s position in most social situations is unequal to that of her male counterpart; Because the laws were predominantly written by men they inherently favor men

32
Q

Two types of Feminists?

A

Liberal and Critical

33
Q

What are the different methods?

A

Lumping it, avoidance, coercion, negotiations, mediation, arbitration, adjudication

34
Q

What is lumping it?

A

Letting it go

35
Q

What is avoidance

A

Removing self from the situation

36
Q

What is coercion?

A

Threats or social pressure to stop undesirable behavior

37
Q

What is negotiations

A

Private parties coming to a compromise on their own

38
Q

What is mediation?

A

A neutral third party leads negotiations between disputants; disputants come to solution; If either side is unhappy they can withdraw or decline

39
Q

What is arbitration?

A

A neutral third party comes up with a solution; disputants agree to abide by solution prior to arbitration

40
Q

What is adjudication?

A

A judge acts as the third party; formal legal proceedings, disputants cannot withdraw once it has began

41
Q

What are societal factors of Dispute settlements

A

Social relationships; Power & Inequality; Legal culture

42
Q

What are Individual factors of dispute settlements?

A

Nature of relationships; power difference in the relationship; personality; sociodemographic

43
Q

Parts of legal consciousness?

A

Sexual harassment; disability

44
Q

What is the History of litigation?

A

The idea that the courts are clogged with frivolous lawsuits; developed by marketing companies for large businesses who’s goal is to limit an individual legal recourse against them; as a result over the past 25 years there has been a major amount of tort reform

45
Q

What is alternative dispute resolution?

A

Current preference in the legal system for the use of negotiation, mediation, and arbitration over adjudication as a way to lessen the case load of the civil courts; issues when it is used in cases where violence has been committed (i.e. domestic abuse cases)

46
Q

What is incapacitation?

A

Removing criminals from society to prevent more crime and punishment for having committed crimes

47
Q

What is an example of Deterrence

A

Punishment’s Effect

48
Q

What is absolute deterrence

A

Completely stops crime

49
Q

What is marginal deterrence?

A

Increase in punishment= less crime

50
Q

What is general deterrence

A

Stopping general society from committing crime

51
Q

What is a specific deterrence

A

Stops repeat offending (recidivism)

52
Q

What are types of offenses?

A

Instrumental, Expressive, High Commitment, Low Commitment, Public, Private

53
Q

What is instrumental offenses?

A

Material morve & Highly planned

54
Q

What is expressive offensive

A

Emotionally driven

55
Q

What is high commitment?

A

High skill level; drug involvement; less likely to be deterred

56
Q

What is low commitment offenses

A

Low skill level, not involved regularly in serious crime, more likely to deterred

57
Q

What is apart of public offenses

A

Crimes committed in public “street crime, prostitution”

58
Q

What is apart of private offenses

A

White collar crime and intimate partner violence

59
Q

What are other reasons for crimes?

A

Hubris, Drug/Alcohol Impairment, Involvement

60
Q

What is Hubris

A

Criminals believing their plan is foolproof

61
Q

What is drugs role in crime

A

50% of inmates interviewed reported using alcohol and drugs at the time of their crimes

Issues In Law & Society (1 decks)

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