legal studies test 1

Question 1

Legal consciousness

Answer 1

Refers to the ways in which people experience, understand and act in elation to the law.
Both cognition and behaviour, both the ideologies and practices of people as they navigate their way through situations in which law could play a role

Question 2

3 basic features of law

Answer 2

Pressures to comply with the law must come externally in there form of actions or threats of action by others, regardless of whether a person wants to obey the law or does so out of habit
-These external threats or actions always involve coercion or force
-Those who instrument the coercive threats are individuals whose official role is to before the law

Question 3

Legal awareness

Answer 3

the empowerment of individuals regarding issues involving the law, promote consciousness of legal culture, participation in the formation of law ands rules

Question 4

public law

Answer 4

Public law: structure of government duties of officials and relationship of individual and state.

Question 5

private law

Answer 5

Private law: governing relationship between individuals, substantive and procedural rules, which behaviours are aloud and other that aren’t procedural law is how substantive laws should be used, administered, changed and used by people in the legal system.

Question 6

3 types of legal consciousness

Answer 6

• Before the law: in which the law is described as formally ordered, rational system, public regarding and neutral, somewhere else, a place different from everyday life, people accept loyalties and justice through the formal legal system and structure, people see the law as fair, just and neutral
  
  • With the law: “play with the law” law is described and played as a game, in which rules can be deployed and new rules to serve the wider interest and values, boundaries that separate law from everyday life are understood to be relatively porous, the law in engaged as a game, people have unequal access to the game and unequal skill to the game.
  • Against the law: people resists the law to regain a sense of dignity and honour to avoid the law at all cost, found to be among people who are aware of how powerlessness they really are, how the law constrains and limits people. People see how people

Question 7

Instrumentalism

Answer 7

instrumentalism: law is a tool a tool to regulate the actions of legal subjects how a law is used or ignored, society is looked to if this law is used to or effective not for general or environmental aspects,
Law being separated from society and cant be mixed within society, begins and ends with a legal focus and the gap between law on the books and law in action, and why there is a gap and what to do with the gap.

Question 8

Constitution law

Answer 8

Constitutive: law shapes society inside out, law has meaning making power and some social practices are not separated from the law, it overemphasizes the importance of state law and sometimes ignores society’s interpretations of law

Question 9

Decision

Answer 9

Decision: refers to individuals responses to events and typically reflects both their worldview and perception.

Question 10

Legal realism

Answer 10

law is more than the rules content in judicial decisions, legal rules are not simply applied by judged lawyers police, etc., cause for the attention between law in action and law on a book,

Question 11

worldview

Answer 11

Worldview: individuals understanding of their society, their place in it and their positions relative to others, according, the manner in which they should perform social interactions

Question 12

mobilization

Answer 12

study legal consciousness to understand law’s potential for transforming society, particularly by deploying rights that are intended to achieve justice or protect disadvantaged populations.

Question 13

perception

Answer 13

refers individual interpretation of specific events, some people perceive a event as normal, problematic, harmful or wrong. Some people who see the law as in normal might not think about the law or when someone see a law as harmful or unfair they might think about the law more.

Question 14

legality

Answer 14

By legality, they refer to the meanings, sources of
authority, and cultural practices that are commonly
recognized as legal, regardless of who employs them
or for what ends.

Question 15

Criminal law

Answer 15

Criminal law: crime and penal treatment. A crime is a public wrong rather than a individual or private law, the state not the individual takes action against the offender

Question 16

civil law

Answer 16

Civil law: rules and procedures governing the conduct of induvial in their relationship to others.

Question 17

Hegemony

Answer 17

views law as a pervasive and powerful instrument of state control that shapes the
worldviews, perceptions, and decisions of individuals, even when it is not applied directly or instrumentally

Question 18

Formal legal system

Answer 18

Formal legal system is like state or provincial law and will be known by lawyers, judges, etc.
The framework of rules, procedures and institutions that a community uses to interpret and enforce their laws.

Question 19

Informal legal system

Answer 19

May be run by traditional or religious authorities, elders or other community members.
Informal bc they don’t apply state methods of conflict resolution

Question 20

social control 4 types

Answer 20

penal(criminal) , therapeutical(seeing whether that person need mental help), consolatory(Divorce type shit),Compensatory( winner and loser)

Question 21

two critics on Weber’s law

Answer 21

to much emphasis on corrosion
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