Law & Society Midterm 1

Legal Realism

The view that law is shaped by real-world factors like judges’ beliefs

Legal Pluralism

The idea that multiple legal systems can exist at the same time within one society (state law

Formal-Rational Law

A system based on written rules and logical procedures applied consistently and impersonally (Max Weber).

Consent

Voluntary

Collective Conscience

Shared beliefs

Hegemony

Dominant groups maintain power by shaping culture and ideas so inequality seems normal

Intersectionality

A framework explaining how overlapping identities (race

Common Law System (Adversarial)

Legal system where opposing lawyers present cases before a neutral judge; relies heavily on precedent (used in U.S./U.K.).

Civil Law System (Inquisitorial)

Legal system where judges actively investigate cases and rely mainly on written legal codes (common in Europe/Latin America).

Role of Judges

To interpret and apply the law

How Judges Maintain Legitimacy

By being neutral

Civil Law vs. Criminal Law

Civil law resolves private disputes (compensation); criminal law addresses offenses against society and involves punishment.

Barriers to Civil Litigation

Obstacles such as high costs

Legal Consciousness

How everyday people perceive

Natural Law

The belief that law should reflect universal moral principles; unjust laws are not true laws.

Legal Positivism

The idea that law is valid because authorities created it