Law Flashcards
(24 cards)
According to Postmodernism, the best legal decisions are reached through what?
The unmasking of oppressive power structures.
According to Secularism, law should be based on what?
NONE OF THE ABOVE- it’s NOT morality, precedent, and God
Shariah law is derived from which of the following sources?
All of the above- Quran, Sunnah, Ijma, and Qiyas
The Christian concept of law is built upon which of the following assumptions?
Humanity is inherently sinful, Human beings were created in God’s image, and Government is an institution created by God. (All of the above)
What do Marxists assume about law?
Law is used to oppress the working class, Law is only necessary because of economic inequalities, and Law will be unnecessary under communism. (All of the Above)
Which of the following are permitted under the Shariah law?
Killing of homosexuals, adulterers, and apostates, Whipping, slavery, and oppression for non-converts, and Amputation for theft. (All of the Above)
Which of the following ideas have influenced the Secular view of law?
Evolution, Materialism, and Naturalism. (All of the above)
Which of the following worldviews deny a connection between law and a objective standard of morality?
Secularism, Marxism, and Postmodernism. (All of the above)
Which of the following worldviews deny that humanity has a sin nature?
Secularism, Marxism, and Islam. (All of the above)
True or False: According to Christianity, the source of divine law is the CHARACTER AND NATURE OF GOD.
True
True or False: According to legal positivism, law is ultimately what those in power postit it to be.
True
True or False: According to New Spirituality, criminals are not guilty of violating a standard of justice, but of falling short in their quest for higher consciousness.
True
True or False: According to the CHRISTIAN worldview, God reveals only his law, not himself.
False; Islamic
True or False: Christianity assumes that all human beings have a general concept of right and wrong.
True
True or False: For the Postmodernist, law is a process of uncovering various forms of oppression.
True
True or False: LAW tells us what is right and wrong; MORALITY establishes punishment for those violating moral mandates and remedies for those harmed.
False; morality tells us what is right and wrong.
True or False: Postmodernism reduces law to a STRUGGLE OVER POLITICAL POWER
True
True or False: The U.S. constitution assumes that laws are CREATED, NOT DISCOVERED
False; Discovered, not created
True or False: To truly be free, human beings must IGNORE laws that restrain our freedom,
False; abide by
__________________ is the belief that human beings ultimately construct a model of social reality based upon their own subjective experiences and language.
Social Constructionism
_________________ is a legal system in which courts reach legal decisions based upon prior judicial precedent reached through common sense and reason.
Common Law
____________ is a set of laws that establishes remedies for those wronged by others.
Tort Law
___________ is the belief that we ought to do whatever maximizes happiness and reduces suffering for the greatest number of people.
Utilitarianism
In Marxist states, the laws created by _________ party officials on behalf of the working class.
Communist
