Law, Its Function and Purpose (Lecture 3)

These flashcards summarize key concepts related to the function, purpose, and implications of law in society as discussed in the lecture.

What is law?

A written body of rules of conduct applicable to all members of a defined community, enforced by governing authorities.

How does law impact daily lives?

Law gives structure, tells us what actions are permissible, and governs various aspects like trade and copyright.

What is legal consciousness?

The beliefs and interpretations individuals have about laws and how they act based on these beliefs.

What are the six primary elements all cultures possess in relation to law?

Beliefs, values, norms, symbols, technology, and language.

What do norms in culture ensure?

They assure a pattern of conduct for the most deeply held values.

What is the difference between mores and folkways?

Mores are norms with serious moral connotations, while folkways are norms without moral connotations.

What role do symbols play in culture?

Symbols hold power and represent ideas, such as the Greek goddess Themis’ association with law.

What is legal pluralism?

The existence of two or more sets of laws and legal practices operating simultaneously.

What was the Code of Hammurabi?

An ancient set of laws that established standards of conduct and replaced personal vengeance with a system mediated by a neutral third party.

What was Plato's view on law and society?

Plato believed that without law, society would descend into chaos and that justice and wisdom are necessary for order.

How did Aristotle view law?

Aristotle equated law with justice, advocating for ordinary people's rights and arguing that rulers should be subservient to law.

What did Hobbes argue regarding the social contract?

Hobbes argued people surrender freedoms for protection, and any state providing security is just.

What was John Locke's stance on government?

Locke rejected absolute monarchy and believed in a government that maintains individual liberties and can be reconstituted when overstepping powers.

What did Max Weber argue about modern societies?

Weber argued that modern societies require rational law and predictable legal systems to support complex capitalist economies.

What did Émile Durkheim examine in relation to law?

Durkheim examined law's role in social solidarity, differentiating between mechanical and organic solidarity.

What does the consensus vs. conflict perspective suggest about law?

The consensus perspective views law as a neutral framework of interconnected institutions, while the conflict perspective sees it as a tool for preserving the power of the ruling class.

What is meant by 'the talk vs. walk of law'?

It refers to the gap between the law as written (on the books) and how it is enforced in practice (in action).

What is a consequence of selective enforcement of laws?

Laws may target specific groups or individuals, leading to disparities in legal outcomes.

What are the implications of unjust laws?

Unjust laws require changes to prevent societal issues such as loss of credibility in governments, economic decline, and the rise of crime.