GOVT 345 Quiz 5

GOVT 345 Quiz 5 Liberty University

  1. Malinowski said primitive societies are stagnant and lack any kind of civil order.
  2. Legal pluralism suggests that two legal or quasi-legal systems can exist in parallel.
  3. Savigny was a Romanticist who believed law was located in the Grundnorm.
  4. Historical jurisprudence is perhaps the most abstract and impenetrable school.
  5. According to Savigny, calls for codification come when society is at its most vibrant or when it is in decline.
  6. Like historical jurisprudence, anthropological jurisprudence assumes evolution and therefore is of no value to a Christian.
  7. Historical jurisprudence says laws are a reflection of culture and change over time.
  8. Holmes was a legal realist who saw law as a great anthropological document.
  9. Gluckman’s conclusions about the Lozi were universally accepted.
  10. For Pospisil, discussing law outside the context of the existence of the state was ridiculous.
  11. Bohannon is known for his “double institutionalization” concept.
  12. Critics of Savigny nevertheless agree with his assessment of legislation. The legislature is the perfect place to unite multiple voices.
  13. Some critics of Savigny say his Volkgeist and “common consciousness” are too monolithic and fail to take into account the marginalized.
  14. Historical jurisprudence is synonymous with sociological jurisprudence.
  15. The colonial imposition of law onto the original native system is a good example of legal pluralism.
  16. For Maine, earlier societies based status on privilege whereas modern societies permit people the liberty to change their status through contract.
  17. Savigny said law is not arbitrary but a reflection of the “common consciousness”.
  18. Major contributors to historical jurisprudence include Foucault and Ross.
  19. Perhaps the biggest criticism of Maine is that he was too elitist. He had an elitist perspective and gave the elite credit for social progress.
  20. Savigny absolutely opposed legislation as a Volkgeist killer.
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