GOVT 345 Quiz 4

GOVT 345 Quiz 4

GOVT 345 Quiz 4 Liberty University

GOVT 345 Quiz 4: Legal Realism, Law and Social Theory

1. One function of the law, according to Llewellyn, is to ensure that universal principles of justice are followed.
2. To Durkheim, the more mature a society the more collective.
3. For Marx, law is an expression of the economic foundation of a society.
4. Holmes put forth the “bad man” approach to judging the law: what are the consequences for breaking it?
5. Pound saw society and the law as competing interests that needed to be balanced.
6. Sociological jurisprudence is more jurisprudence than law. It is the use of sociological methods to understand the law.
7. Pound was not opposed to precedent but wanted to add sociological data to the formula for deciding cases.
8. To Holmes, the brooding omniscience governing common law is what gave the law its majesty.
9. A right, according to Hagerstrom, comes into existence when a law is passed. That is, you only have a right to property because the law will arrest a thief.
10. To Durkheim, the penal laws of primitive societies are more human and enlightened.
11. Technically speaking, the sociology of law is like standing on a hill called “sociology” and trying to evaluate a distant hill called “law”.
12. Legal realism says adjudication is about the application of deductive logic by impartial judges.
13. For Ehrlich, law is an expression of society but jurists need only look at positive law.
14. For Holmes, lawyers are basically hired guns.
15. For Llewellyn, law is a stable, xed phenomenon.
16. For Habermas, communication is the key to realizing human potential.
17. Like Austin, Hagerstrom saw law as an expression of the sovereign will.
18. Llewellyn opposed stare decisis as an imagination limiting custom.
19. Weber’s Legal-Rational Authority is the least leader dependent model of his three.
20. Llewellyn embraced law as a philosophical inquiry.

Other sets

Set 1

1. Weber saw modern law as a compromise between interests.
2. To Holmes, the law has absolutely no connection to morality.
3. For legal realists, particularly of the Scandinavian school, Freudian psychology would provide sound explanations for why judges rule the way they do.
4. Holmes had a progressive mindset—legal history is a record of man’s moral development.
5. Weber’s Legal-Rational Authority is the least leader dependent model of his three.
6. Like the legal positivists, legal realists see moral and legal inquiries as being inseparable.
7. Legal realism can be summed as “law is as law does”.
8. For Habermas, communication is the key to realizing human potential.
9. For Llewellyn, law is a stable, fixed phenomenon.
10. Llewellyn embraced law as a philosophical inquiry.
11. Pound’s “law in action” can be compared to Ehrlich’s “living law”.
12. Hagerstrom dismissed metaphysics outright.
13. Like Shapiro, Llewellyn says law as an organized social activity or as social planning in pursuit of policy goals.
14. Montesquieu was a forerunner of the law and social theory school.
15. Like Austin, Hagerstrom saw law as an expression of the sovereign will.
16. Axel Hagerstrom is the foremost American legal realist.
17. To Holmes, the brooding omniscience governing common law is what gave the law its majesty.
18. Lundstedt is not consequentialist but a deontologist.
19. Pound saw society and the law as competing interests that needed to be balanced.
20. For Holmes, the law is a mystery.

Set 2

1. Weber’s Traditional Authority means that people are following an inspirational leader.
2. To Durkheim, the penal laws of primitive societies are more human and enlightened.
3. Llewellyn opposed stare decisis as an imagination limiting custom.
4. For Marx, the law in bourgeois society is determined by the proletariat.
5. A right, according to Hagerstrom, comes into existence when a law is passed. That is, you only have a right to property because the law will arrest a thief.
6. Weber’s Legal-Rational Authority is the least leader dependent model of his three.
7. Axel Hagerstrom is the foremost American legal realist.
8. Montesquieu was a forerunner of the law and social theory school.
9. According to legal realism, judges decide hard cases with reference to the Grundnorm found in precedent.
10. Legal realism says adjudication is about the application of deductive logic by impartial judges.
11. Legal realism can be summed as “law is as law does”.
12. Pound’s “law in action” can be compared to Ehrlich’s “living law”.
13. Pound saw society and the law as competing interests that needed to be balanced.
14. Like the legal positivists, legal realists see moral and legal inquiries as being inseparable.
15. To Durkheim, the more mature a society the more collective.
16. Society causes law but law has no influence on society.
17. Holmes’s “bad man” approach to the law proves he is not a consequentialist.
18. Technically speaking, the sociology of law is like standing on a hill called “sociology” and trying to evaluate a distant hill called “law”.
19. To Holmes, the brooding omniscience governing common law is what gave the law its majesty.
20. For Llewellyn, law is a stable, fixed phenomenon.

Set 3

1. American legal realists are more practical whereas the Scandinavians are interested in developing a more comprehensive theory.
2. Pound’s “law in action” can be compared to Ehrlich’s “living law”.
3. To Holmes, the law has absolutely no connection to morality.
4. Llewellyn is considered the spiritual father of the American legal realist movement.
5. Weber’s Traditional Authority means that people are following an inspirational leader.
6. Holmes put forth the “bad man” approach to judging the law: what are the consequences for breaking it?
7. Like Austin, Hagerstrom saw law as an expression of the sovereign will.
8. For Marx, the law in bourgeois society is determined by the proletariat.
9. For Marx, law is an expression of the economic foundation of a society.
10. Axel Hagerstrom is the foremost American legal realist.
11. Weber’s Legal-Rational Authority is the least leader dependent model of his three.
12. For Habermas, communication is the key to realizing human potential.
13. For legal realists, society is in a constant state of flux; law tries to keep up with it.
14. Kelsen would approve of sociological jurisprudence.
15. Llewellyn opposed stare decisis as an imagination limiting custom.
16. Holmes had a progressive mindset—legal history is a record of man’s moral development.
17. For Llewellyn, law is a stable, fixed phenomenon.
18. Like the legal positivists, legal realists see moral and legal inquiries as being inseparable.
19. Montesquieu was a forerunner of the law and social theory school.
20. Llewellyn’s approach to law could be called “functionalism” because it asks “what functions does the law serve?”