Midterm_Review_Summer - Legal Studies 182 Midterm Review...

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Legal Studies: 182 Midterm Review Summer 2004 Note : This handout is designed to help you organize the course materials that we have covered thus far and contains basic terms and concepts with which you should be familiar. However, it is not intended to address every issue on which you may be tested. I. Introduction to Law (and Politics) In this portion of the course, we read materials that addressed basic concepts and ideas about law from multiple points of view: a legal point of view (Speluncean explorers), a sociological point of view (Schwartz; Kidder & Hostetler), a psychological point of view (Tyler), and a more structural point of view (Abraham; Jacob; and Feeley). We addressed several issues: How do you interpret law? What role should judges play? Is law important to a society? When do we use law? Why do people obey the law? A. General Fuller, “The Case of the Speluncean Explorers” Know the basic arguments (& counterarguments) regarding: (i) how a court should interpret the law, (ii) the proper role of a judge, and (iii) the distinction between law and morality Schwartz, “Social Factors in the Development of Legal Control” Formal legal control v. informal control Basic social features needed for informal control (life in the kubutz) Different sanctions under formal and informal control Kidder & Hostetler, “Managing Ideologies: Harmony as Ideology in Amish and Japanese Societies” Institutional features that support harmony and consensus in Japanese and Amish societies According to K&H, informal control in these two societies is not based on culture B. Fidelity to Law Tyler, “Why People Obey the Law” Two perspectives on why people obey the law Instrumental perspective: focus on outcomes (winning) Normative perspective: focus on procedures (fair treatment) C. Organization of Legal Institutions and Types of Law Jacob, “The Organization of Courts in the United States” State and federal court systems (very basic features) Page 1 of 5
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Abraham, “The Nature of Law” Common law v. Statutory law Difference between civil and criminal law (basic features) Feeley, “The Adversary System” Know the basic features of the adversary system (American) as compared to the inquisitorial system.
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