Study Guide for Law and Justice

Topics: United States Constitution, Law, Common law Pages: 7 (2624 words) Published: March 12, 2014
LAJ 102 MIDTERM REVIEW
Law- a written body of general rules of conduct applicable to all members of a defined community, society, or culture, which emanate from a governing authority and which are enforced by its agents by the imposition of penalties for their violations. Culture- the totality of learned socially transmitted behaviors, ideas, values, customs, artifacts, and technology of groups of people living in a common society. It is the transmission of all sorts of information from generation to generation. Beliefs #1- ideas that we have about how the world operates and what it is true and false. Values #2- normative standards shared by the culture about what is good and bad, correct or incorrect, moral and immoral, and normal and deviant. Norm’s #3- the action component of a value or a belief patterning social behavior in ways consistent with values and beliefs. Symbols #4- concrete physical signs that “stand for” and signify abstractions that range from the mundane and specific to those that are suffused with meaning and can evoke the deepest of feelings. Technology #5- the totality of the knowledge and techniques people employ to create the material objects of their sustenance and comfort. Risk Society- a society “increasingly preoccupied” by the future & also with safety which generates the notion of risk. Mores- more formal with serious implications for violations. Folkways- less formal with lower implications for violations. Natural Law- a system of law that is determined by nature, and thus universal. Used to analyze human nature both social and personal- and deduce binding rules of moral behavior from it. Positive Law- used to describe man-made laws which oblige or specify an action. It also describes the establishment of specific rights for an individual or group. Legal Positivism- is the thesis that the existence and content of law on social facts and not on its merits. The code of Hammurabi- the oldest known written code of law. A set of judgments originally pronounced to solve particular cases. Plato- one of the most influential thinkers in the history of the world. Felt that justice and wisdom were part of the perfect order of the universe, humans could approach these ideals only through reason. Theory of forms- is important helps us to understand the ideas of natural law and of justice developed by later philosophers and legal theorists. Aristotle- a pupil of Plato. Assumed a very strong utilitarian interpretation of the law, the most important goal of the legislature was to provide for “the greatest happiness of the greatest number” in society. Offered that even the rulers should not be above the law. Thomas Aquinas- describes law as "a certain rule and measure of acts whereby man is induced to act or is restrained from acting Thomas Hobbes- most important of the 17th century philosophers. Disavowed any belief in natural law or justice. Social Contract- a fear of violence and death drove humans to create a social contract which is a state that could protect them from predation and exploitation. State of nature- is a term in moral and political philosophy used in social contract theories to describe the hypothetical condition that preceded governments. John Locke- had an optimistic view on human nature. Believes are minds are like “blank slates” when we arrive in this world and what we become and how we behave is entirely the result of our past experiences interacting with our present circumstances. Max Weber- asserted that a society is to advance into a more modern and complex structure, it must be governed by rational law. Emile Durkheim- basic theme is that all societies exist on the basis of a common moral order not on the basis of rational self-interest as implied in the “social contract”. Mechanical Solidarity- the nonindustrial society of earlier times. Organic Solidarity- modern or industrial societies.

Division of Labor- the specialization of cooperating individuals who...
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