Week 2: Law and Society

Question 1

What is Max Weber’s 3 features of Law

Answer 1

External pressure to comply, pressure is coercive, individuals enforce law coercively under authority of the state

Question 2

Who is Donald Black?

Answer 2

Argument of the 4 styles of social control: penal, compensatory, therapeutic, conciliatory

Question 3

What is the penal form of social control?

Answer 3

deviant is viewed as a violator, subject to punishment

Question 4

What is the compensatory form of social control?

Answer 4

You’ve broke the law, thus breaking the contractual obligation of the law, owe something to someone

Question 5

What is the therapeutic form of social control?

Answer 5

Focuses on deviants behavior and how it might be considered abnormal. Focuses on treatment

Question 6

What is the conciliatory form of social control?

Answer 6

Deviant behavior only represents 1 side of a social conflict. Does not have to be criminal in nature (divorce settlements)

Question 7

What are Mores?

Answer 7

Universally followed behaviors

Question 8

What are Folkways?

Answer 8

Ordinary customs and conventions (in Canada - tipping a waiter)

Question 9

What is The Code of Hammurabi?

Answer 9

One of the first known bodies of law in 2000 B.C by King Dungi of Sumer

Question 10

What came of The Code of Hammurabi?

Answer 10

lex talionis, severity of punishment, focused on issues of theft, property ownership, sexual relationships and interpersonal violations

Question 11

What is the Mosaic Code?

Answer 11

Laws of old testament, foundation of Judeo-Christian moral teachings, basis for present-day legal system

Question 12

What is Early Roman Law?

Answer 12

Derived from the twelve tables, created the utilitarian argument

Question 13

What is the Utilitarian argument?

Answer 13

Greatest good for greatest amount of people was the goal

Question 14

What is the Justinian Code?

Answer 14

second set of Roman laws A.D 565, Emperor, Justinian made the Justise system available to everyone in society - the rich and the poor

Question 15

What is Code Napoleon?

Answer 15

in 18th Century, Napoleon revised the laws of France into the Code Napoleon which is the basis for today’s Quebec Laws

Question 16

What are the “Dark Ages” ?

Answer 16

Early formal legal ideas are lost, Deviants were now viewed as cosmic (bad things happen to bad people) or possession (possessed by demons)

Question 17

How did they deal with deviants in the dark ages?

Answer 17

Ordeal of fire, water, cross and ingestion

Question 18

What is Treason?

Answer 18

Crimes against your own country?

Question 19

What is the Norman Conquest of 1066?

Answer 19

Replaced local tribunals with “royal administration” Travelling judges (circuit judges) Use local custom and rules of conduct as guide for court (regional)

Question 20

What is significant about Henry ll?

Answer 20

Current English system of law, started to have juries be developed, prosecutors also came into the scene, has not changed much since this

Question 21

What is common law?

Answer 21

refers to a law applied to all subjects of the land, without regard for geographic or social differences

Question 22

What is Aboriginal law?

Answer 22

Native nations of NA had laws that were passed down through generations traditionally, No written rules or procedures, More strong ties with family, tradition, The Great Binding law

Question 23

What is the rule of law?

Answer 23

This means that every dispute will be settled by a peaceful means, namely by “due process” in the courts, before appointed judges

Question 24

What are the current major legal systems?

Answer 24

Romano Germanic, Common-law, Socialist, Islamic

Question 25

What is the Romano-Germanic system?

Answer 25

Mixture of roman, Germanic, customary law, Adopted in much of Latin America, Africa, Asia, Distinguished from the common law system

Question 26

What is the common-law system?

Answer 26

Judge made law, case law, etc., It is the legal basis for England, U.S, Canada, etc., Leads to predictability, consistency, Judge can still go another way, but make decision based off a code

Question 27

What is the socialist legal system?

Answer 27

Originated in 1917 from revolution that gave birth to socialist republics
Three objectives
1. National Security
2. Maintaining Social economic system
3. Education

Question 28

What is the Islamic legal system?

Answer 28

• Based on the law of the Islamic religion - states what Muslims must believe and rules for believers, Four main sources of law
  
  1. Quran - direct words of Allah
  2. Sunna - Collection of writings from prophet Muhammed
  3. Judicial consensus (ljma) - Consensus of community is sought when other two do not give answers
  4. Analogical reasoning (Qiyas) - judges may use the analogy to decide new case law when it has not been addressed before

Question 29

what are the categories that Shari’a law can be divided up into?

Answer 29

Obligatory (Required), Preferable (preferred), Permissible (Normal day activities), Repugnant (Sins that aren’t sins unless habituated) and Forbidden (Do Not Do)

Question 30

What is the Magna Carta?

Answer 30

‘Great charter’ - Son of King Henry (King John) laid the groundwork for our legal system, He did not want to sign this - limited his power and gave more to the people, Stated that not even the king was above the law

Question 31

What are the 3 main questions for charter cases?

Answer 31

1. Was the right violated by the government?
   2.Is the right covered by the charter?
2. Is the violation of infringement within a reasonable limit?

Question 32

What is a reasonable limit?

Answer 32

1. Must be important enough to justify overriding a constitutionally protected right
2. Must be reasonably and logically connected to the objective for which it was enacted
3. The right must be limited as little as possible
4. The more severe the limitation, the more important the objective must be

Question 33

What sections of the charter focuses on fundamental freedoms?

Answer 33

2a, 2b, 2c

Question 34

What sections focus on democratic and mobility rights?

Answer 34

Section 3 - Right to vote
Section 4 - Right to elect government every 5 years
Section 5 - governments must hold at least one session per year

Question 35

What sections focus on legal and equality rights?

Answer 35

Section 7-11

Question 36

What sections focus on cruel and unusual punishments?

Answer 36

Section 12

Question 37

What sections focus on equality rights

Answer 37

Section 15: Equality before and under law and equal protection and benefit of law, without discriminations of race, origin, color, age, sex or mental/physical disability.

Question 38

What sections focus on enforcement?

Answer 38

Section 24: If rights infringed upon or denied, may apply to a court for remedy

Question 39

What sections focus on indigenous rights and multicultural rights?

Answer 39

Section 25: Protects cultures, customs, languages and traditions of indigenous peoples
Section 27: Respect and preserve cultural differences

Question 40

What are the 4 main dysfunctions of the law?

Answer 40

1. Conservative tendencies - our laws stem from conservative tendencies - leads to conservatism
2. Rigidity - Formal structures causes rigidity
3. Restrictive aspects connect with control functions - overregulation - could lead to oppression
4. Discrimination of Law - still different types of discrimination in the Justise system and in the law itself