society and law exam

1. How did Plato and Aristotle understand society and the state, and how did their views differ?

Plato believed that society should be organized based on peoples natural abilities into 3 main classes: rules (philosopher-kings), guardiands (soldiers), producers (farmers/craftsmen). Rulers should be philosopher-kings because they have the wisdom to rule in harmony. This kind of system lets people to perform their proper role, without interfering in others tasks.

Aristoteles believed that people are naturally political beings, who can only live in communities created to promote a good and virtuos life. He studied real existing governments to compare them. He supported a balanced government that served the common good and relying on a strong middle class could help maintain political stability.

Therefore these two main difference is that Plato focused on an ideal state ruled by wise philosophers, while Aristotle studied existing forms of governments that work for the best in reality.

2. Compare the social contract theories of Hobbes, Locke and Rousseau, including their views on the legitimacy of state power.

Hobbes believed that human nature is selfish and competitive. Without government, people would live in a state of nature, feeling fear, insecurity and a constant possibility of conflict, known as the war of all against all. To maintain peace and security, people agree to surrender most of their freedoms to an absolute sovereign. State power is legitimate because people authorise it to protect them and maintain order.

Locke had a more positive view of human nature. He believed that people possess natural rights to life, liberty and property even before states exist. They create governments to protect these rights. State power must be limited and based on the consent of the governed. If a government violates people's natural rights or becomes tyrannical, citizens have the right to resist and replace it.

Rousseau believed that political authority must be based on the collective will of the people. Through the social contract, individuals become part of a political community and collectively establish laws that express the general will, meaning the common interest of society. State power is legitimate only when laws reflect the general will and citizens participate in creating them.

The main difference is that Hobbes prioritize security and a strong sovereign, Locke emphasized individual rights and limited government, while Rousseau focused on popular sovereignty and the collective will.

3. How did Augustine and Thomas Aquinas explain the relationship between state power, law, morality, divine order and natural law?

Augustine believed that human beings are naturally sinful and imperfect. Therefore, government and coercive power are necessary to restrain violence, maintain order and preserve peace. However, earthly governments cannot achieve perfect justice because only God represents perfect justice.

Thomas Aquinas viewed political communities as natural to human beings because people need to live together to achieve a good and virtuous life. He defined law as a rational rule directed towards the common good. According to Aquinas, law must be consistent with reason and morality. He distinguished between four types of law: eternal law, natural law, divine law and human (positive) law.

4. What are social institutions, and what role do they play in the functioning of society?

Social institutions are structured and enduring frameworks of rules, procedures, roles and relationships that organize social activity. Examples include the family, education, law, the state and the market.

They play several important roles in society. First, they stabilize expectations by establishing social roles and rules, reducing uncertainty in everyday interactions. Second, they coordinate social activities by assigning rights, obligations and access to resources. Third, they transform power into legitimate authority by establishing accepted rules and procedures, which helps build institutional trust. They also maintain social stability and ensure continuity between generations.

5. What is law, and what are its main aims and functions in society?

Law is a system of binding rules established and enforced by the state to regulate human behaviour and organize society. Its main aims are to maintain social order, protect individual rights and freedoms, promote justice and prevent the abuse of power.

Law has several important functions. It regulates behaviour by establishing rights and obligations, resolves disputes peacefully through legal procedures, facilitates private agreements such as contracts and property transactions, and protects individuals through sanctions against unlawful behaviour. It also limits state power by ensuring that public authorities act according to the law.

6. What is a legal rule, and how does it differ from a moral rule, a custom and other social norms?

A legal rule is a formally recognized and binding norm that regulates behaviour and is created or recognized by the legal system. Legal rules are enforced by state institutions, such as courts and the police, and violations may result in legal sanctions, including fines or imprisonment.

Moral rules are based on individual or collective ideas of right and wrong. They are enforced through personal guilt, conscience or social disapproval rather than formal legal sanctions.

Customs are traditional practices that develop over time within a society or community. They are maintained through social expectations and disapproval. In some cases, customs can also become legally recognized.

Other social norms, such as etiquette, guide behaviour in specific groups or professional settings. They are generally enforced through social criticism, embarrassment or exclusion from the group.

The main difference is that legal rules are formally recognized and enforced by the state, while other social norms are generally maintained through personal beliefs and social pressure.

7. How do natural law and legal positivism differ as approaches to law? Is a legally valid decision always just?

Natural law theory holds that law is fundamentally connected to morality and reason. According to this approach, laws should reflect moral principles and protect basic human values. An extremely unjust law may lack genuine moral authority and, according to some natural law theorists, may not qualify as true law.

Legal positivism holds that the validity of law depends on whether it was created by a recognized legal authority according to established procedures, regardless of its moral quality. It separates the question of whether a law is legally valid from whether it is morally just.

A legally valid decision is not always just, because a decision can strictly follow the written law be legally valid while still producing morally unfair or unjust outcomes.

8. What are the main principles of the rule of law, and how do they limit the exercise of state power?

The rule of law is the principle that everyone, including the government and public authorities, is subject to the law. Its main principles can be divided into three categories.

First, formal principles require laws to be clear, publicly accessible, predictable and prospective, meaning that people should know what the law requires and laws should generally not apply retroactively.

Second, procedural principles include the separation of powers, independent courts, fair trial procedures, legal accountability and effective legal remedies.

Third, substantive principles include equality before the law, protection of human dignity and fundamental rights.

These principles limit state power by requiring public authorities to act according to the law, preventing arbitrary decisions and allowing independent courts to review government actions and invalidate unconstitutional laws.

9. What is a legal system, and how do civil law and common law systems differ?

Legal system is an integrated structure of laws, institutions, and procedures through which a society creates and applies rules.

Civil law system is based on written comprehensive legal codes and legislation. Judges mainly apply and interpret these codes when resolving cases, and past judicial decisions are generally not binding precedent (used in Estonia, Germany, France).

Common law system is developed historically through court decisions. Relies on the doctrine of precedent (stare decisis), where past judicial decisions bind future cases (used in USA, UK)

The main difference is that civil law gives primary importance to written legislation, while common law gives a greater role to judicial decisions and precedents.

10. What are the main branches of Estonian law, and how is public law distinguished from private law?

Estonian law is divided into several main branches, including constitutional law, administrative law, criminal law, civil law and labour law.

Public law regulates relationships involving the state and public authorities, including how they exercise their powers and interact with individuals. It is characterized by the exercise of public authority and includes constitutional law, administrative law and criminal law.

Private law regulates relationships between individuals and private organisations, usually on the basis of legal equality between the parties. It includes civil law, contract law, property law, family law and inheritance law. Labour law is mainly private law when dealing with employment contracts, although it also contains public-law elements.

The main difference is that public law concerns the exercise of state authority, while private law regulates relationships between legally equal parties.

11. What are the principal sources of Estonian law, and how are they ranked in the hierarchy of legal instruments?

The principal sources of Estonian law include the Constitution, EU law, international treaties, parliamentary statutes and subordinate legal acts.

The Constitution (Põhiseadus) is the supreme source of domestic law and establishes the fundamental principles of the Estonian state and legal system.

EU law takes precedence over conflicting national law within the scope of EU competences. Ratified international treaties also take precedence over conflicting domestic legislation.

Parliamentary statutes (seadused) are adopted by the Riigikogu. Below them are subordinate legal acts, such as government regulations, ministerial regulations and local government regulations. These acts must have a legal basis and cannot contradict higher-ranking legislation.

But the key rule is that laws must be published in Riigi Teataja to be valid. Conflicts are resolved by rules like lex superior.

12. What are the main methods of legal interpretation, and how can the Estonian Legal Gazette (Riigi Teataja), the Supreme Court website and EUR-Lex be used to resolve legal questions?

There are four main methods of legal interpretation:

1. Grammatical interpretation – analysing the wording and ordinary meaning of the legal text.

2. Systematic interpretation – understanding a legal rule in the context of other legal provisions and the legal system as a whole.

3. Historical interpretation – examining the legislative history and the intentions of the lawmakers.

4. Teleological interpretation – focusing on the purpose and objectives of the legal provision.

Several legal databases can help resolve legal questions.

• Riigi Teataja is the official Estonian Legal Gazette. It allows users to find current and historical versions of Estonian legal acts, including laws and regulations, as well as court decisions.

• The Supreme Court website provides access to Supreme Court judgments, constitutional review decisions and legal interpretations. These decisions are important for understanding how laws are interpreted and applied in practice.

• EUR-Lex is the official EU legal database. It provides access to EU treaties, regulations, directives, decisions and Court of Justice of the European Union judgments.

These resources help identify applicable legislation, understand its meaning and check how courts have interpreted legal provisions.

13. What does the separation and balance of powers mean, and what are the functions of the legislature, executive and judiciary?

Separation and balance of powers mean that state authority is divided among three branches to prevent concentration of power and arbitrary rule.

Legislation (Riigikogu) function enacts laws, passes the state budget, and supervises the executive branch. Executive (Government) function enforces laws, manages public administration, and carries out policy. Judiciary (Courts) function is that administers justice independently and resolves legal disputes.

Therefore balance Enables mutual checks and balances—such as court review of executive acts—to ensure institutions act legally.

14. What is constitutional review, and what roles do the Supreme Court and the Chancellor of Justice play in it?

Constitutional review is the process of checking whether laws and other legal acts comply with the Constitution. Its purpose is to ensure that all public authorities respect constitutional principles and fundamental rights.

In Estonia the Supreme Court (Riigikohus) is responsible for constitutional review. It can declare laws and other legal acts unconstitutional and invalidate them.

Chancellor of Justice (Õiguskantsler) is an independent officer who monitors legislation. If the Chancellor finds a legal act unconstitutional or unlawful, they first ask the body that adopted it to bring it into compliance. If the body refuses, the Chancellor can submit a request to the Supreme Court to declare the act invalid.

Constitutional review therefore ensures that legislation and state actions remain consistent with the Constitution.

15. What are the main institutions of the European Union, and how are competences divided between the EU and its Member States?

Main Institutions are the European Parliament (represents EU citizens), European Council (political direction), Council of the EU (member state governments), European Commission (proposes laws/enforces treaties), and CJEU (interprets EU law).

EU competences are divided into three main categories:

• Exclusive: Only the EU can adopt legally binding acts, for example in the customs union and common commercial policy.

• Shared: Both the EU and Member States can legislate, for example in environmental policy and the internal market.

• Supporting: The EU supports and coordinates Member State actions but generally cannot harmonise national legislation, for example in education and culture.

But its limits are Constrained by Subsidiarity (EU acts only if national action is insufficient) and Proportionality (EU action must not exceed necessity).

16. What are the main sources of EU law, and how do regulations, directives and decisions differ?

17. What do the principles of the primacy and direct effect of EU law mean, and how is a conflict between Estonian law and EU law resolved?

18. How do human rights, fundamental rights and civil rights differ, and which institutions protect them in Estonia and Europe?

19. Under what conditions may fundamental rights be restricted? Explain the stages of the proportionality test.

20. What do the right to equality and the prohibition of discrimination mean? Distinguish between direct and indirect discrimination.

21. What is social control, and how do formal, informal, internal and external forms of control differ?

22. How are law, power and legitimacy connected, and why is procedural justice important in fostering voluntary compliance with the law?

23. What are the main purposes of punishment, and how do labelling theory and Michel Foucault's account of discipline explain crime, deviance and social responses?

24. What are the principles governing the formation, performance and breach of contracts, and what remedies are available to a contracting party and to a consumer?

25. What legal problems arise from artificial intelligence, algorithmic employee evaluation, digital surveillance and automated decision-making? How can transparency, equal treatment, privacy and the ability to challenge decisions be ensured?