Law, Social Change, and Class Struggle Flashcards
- Law as a Cause of Social Change - Social Movements - British Law & the American Revolution - Law & Social Engineering in the USSR - The US Supreme Court & Social Change - The US Supreme Court and Class Struggle - Social Justice, Equality, and Freedom - The Supreme Court's Role in Inducing Social Change (21 cards)
______________ can be defined as any relatively persistent alteration to social relationships, behavior patterns, values, norms, and attitudes over time.
social change
The law tends to be __________ rather than _____________ in social change.
reactive; proactive
A _______________ is a sustained series of interactions between those in power and those acting on behalf of a constituency lacking formal representation.
social movement
Tilly asserts that the British _____________ movement may legitimately be considered the first true social movement.
antislavery
Were it not for a number of ________________ the American colonies may have never revolted.
British legal decisions
The _______________ of 1783 forbade settlement west of the Appalachians ceding that land to the Ottowa Indians, whom the British had a peace treaty with.
Proclamation Act
British antislavery judicial rulings and legislation were instrumental in prompting the more reluctant _____________ to revolt.
southern states
The Russian Constitution was created to enable _________________ power, not to protect individual rights.
presidential
The Soviet’s were initially committed to destroying…
the “bourgeois family”
The __________ view holds that the Supreme Court i smore effective in bringing about social change thatn
The _____________ view holds that the Supreme Court can be more effective in facilitating social change because it is free from election concerns and can act in the face of public opposition.
dynamic
The ____________ view holds that the Supreme Court can rarely bring out about effective social change due to three primary constraints.
constrained
Three primary constraints upon the Supreme Court according to the constrained view:
constitutional rights, lack of independence/enforcement, and lack of policy development
The Supreme Court derives its legitimacy, in part due to the ________________ that surround it.
myths and symbols
___________ authority is pedicated upon custom.
traditional
_____________ authority is bolstered by the perception of an institution as mythical, otherworldly, or exceptional.
charismatic
The Court’s authority is primarily ________________, or derived from rules rationally and legally enacted.
rational-legal
For the first 150 years of its existence the Supreme Court was primarily active in preserving the priveleges of the __________ class.
wealthy
In a series of court cases including, Fletcher v. Peck, Martin v. Hunter’s Lessee, McCulloch v. Maryland, and __________________ the court greatly expaned federal power over the states.
Gibbons v. Ogden
In a twist of bitter irony the __________________ which was designed to control business monopolies, was instead used as a hammer to pound the working class.
Sherman Antitrust Act
The __________________ became a major catalyst for social change during the 50’s and 60’s.
Warren Court
