Beliefs #1- ideas that we have about how the world operates and what it is true and false. Values #2- normative standards shared by the culture about what is good and bad, correct or incorrect, moral and immoral, and normal and deviant. Norm’s #3- the action component of a value or a belief patterning social behavior in ways consistent with values and beliefs. Symbols #4- concrete physical signs that “stand for” and signify abstractions that range from the mundane and specific to those that are suffused with meaning and can evoke the deepest of feelings.
Technology #5- the totality of the knowledge and techniques people employ to create the material objects of their sustenance and comfort. Risk Society- a society “increasingly preoccupied” by the future & also with safety which generates the notion of risk. Mores- more formal with serious implications for violations. Folkways- less formal with lower implications for violations. Natural Law- a system of law that is determined by nature, and thus universal. Used to analyze human nature both social and personal- and deduce binding rules of moral behavior from it.
Positive Law- used to describe man-made laws which oblige or specify an action. It also describes the establishment of specific rights for an individual or group. Legal Positivism- is the thesis that the existence and content of law on social facts and not on its merits. The code of Hamburg- the oldest known written code of law. A set of Judgments originally pronounced to solve particular cases. Plato- one of the most influential thinkers in the history of the world.
Felt that Justice and wisdom were part of the perfect order of the universe, humans could approach these ideals only through reason. Theory of forms- is important helps us to understand the ideas of natural law and of Justice developed by later philosophers and legal theorists. Aristotle- a pupil of Plato. Assumed a very strong utilitarian interpretation of the law, the most important goal of the legislature was to provide for “the greatest happiness of the greatest number” in society. Offered that even the rulers should not be above the law.
Thomas Aquinas- describes law as “a certain rule and measure of acts whereby man is induced to act or is restrained from acting Thomas Hobbes- most important of the 17th century philosophers. Disavowed any belief in natural law or Justice. Social Contract- a fear of violence and death drove humans to create a social contract which s a state that could protect them from predation and exploitation. State of nature- is a term in moral and political philosophy used in social contract theories to describe the hypothetical condition that preceded governments.
John Locke- had an optimistic view on human nature. Believes are minds are like “blank slates” when we arrive in this world and what we become and how we behave is entirely the result of our past Study Guide for Law and Justice By meaninglessness 2 society is to advance into a more modern and complex structure, it must be governed by rational law. Emilee Druthers- basic theme is that all societies exist on the basis of a common moral order not on the basis of rational self-interest as implied in the “social contract”.
Mechanical Solidarity- the industrial society of earlier times. Organic Solidarity- modern or industrial societies. Division of Labor- the specialization of cooperating individuals who perform specific tasks and roles. (The degree to which people felt emotional sense of belonging to their group. ) Consensus theory- emphasize how society is structured to maintain its stability and view it as an integrated network of institutions that function to maintain social order and the system as a whole.
Structural functionalism- a framework for building theory that sees society as a complex system whose parts work together to promote solidarity and stability. Conflict theory- consider society to be composed of individuals and groups with sharply different interests and to be characterized by conflict and dissent. False consciousness- that material and institutional processes in capitalist society are misleading to the proletariat and to other classes. Alex Atlantis- “an eye for an eye”, those who punish another person are punished to a similar degree.
Justice- a concept of moral rightness based on ethics, rationality, law, natural law, religion, equity, and fairness, as well as the administration of the law, taking into account the inalienable and inborn of all human beings and citizens. The rights of all individuals to equal protection within their rights. Distributive Justice- how a political entity such as a nation-state distributes resources to its members. Retributive Justice- how a society’s system of law goes about determining guilt or innocence and how it goes about determining the correct punishment for the guilty.
Goals of punishment- to punish individual or scare them. Aristotle definition of Justice- “Justice consists of treating equals equally and unequal’s unequally according to relevant differences. ” Legal Realism- the study of legal decision making and how to understand law. Transcendentalism- a philosophical position that emphasizes the primacy and superiority of the spiritual over the material. Evolutionary perspective- attempts to explain the origins of law evolutionists seek empirical support for their views through the study of the behavior of humans and other social species.
Naturalistic fallacy- the fallacy of confusing what is with what ought to be. Equity- a term derived from the Latin word for “Just” and refers to remedies for wrongs that were not recognized under English common law. Mall Prohibits- man made crimes. Mall en SE- natural crime. Rule of law- the only way we can reasonably ensure that we are integrating important aspects of Justice into our legal systems. Due process- procedural Justice that is due to all persons whenever they are threatened with the loss of a life, liberty, or property at the hands of the state.
Crime control model- emphasizes community protection and argues that civil liberties can have real meaning only in a safe, well-ordered society. Due process model- likened to an obstacle course in which impediments to carrying the accused case further are encountered at every stage of his or her processing. Common law- law developed by Judges through decisions of courts and similar tribunals. Henry al- English king often referred to as the father of common subjects, in an attempt to limit his powers by law and protect their privileges. Stare decides- the legal basis for adhering to precedent: “Let the decision stand. Precedent- or authority is a principle or rule established in a previous legal case that s either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Obiter dicta- a remark or observation made by a Judge that, although included in the body of the court’s opinion, does not form a necessary part of the court’s decision. Ration deciding- the point in the case which determines the Judgment. William Blackstone- English Judge and philosopher whose commentaries on the laws of England organized common law into the structure it has today.
Organized common law into four parts: 1 . The right of an individual’s (Procedural law) 2. Public wrongs (substantive criminal law) 3. Private wrongs (Tortes) 4. Property rights (Law of contracts) Substantive law- is the statutory or written law that defines rights and duties, such as crimes and punishments, civil rights and responsibilities in civil law. Procedural law- comprises the rules by which a court hears and determines what happens in civil lawsuits, criminal or administrative proceedings. To ensure fair and consistent application of due process.
Constitution- the supreme law of the United States of America. U. S Constitution- consists of seven articles: The first three Articles embody the doctrine of the separation of powers, hereby the federal government is divided into three branches: the legislature, the executive, and the Judiciary, The fourth and sixth Articles frame the doctrine of federalism, describing the relationship between State and State, and between the several States and the federal government. The fifth Article provides the procedure for amending the Constitution. The seventh Article provides the procedure for ratifying the Constitution.
Constitutional law- the body of which defines the relationship of different entities within a state, namely, the executive, legislature, and judiciary. Criminal law- the body of law that relates to crime. It regulates social crime and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. Statutory law- is written law set down by legislature. Are subordinate to the higher constitutional laws of the land. Administrative law- the body of that governs the activities of administrative agencies of government.
Articles of confederation- an agreement among the 13 founding states that established the U. S. A as a confederation of sovereign states and served as its first constitution. Habeas corpus- a legal action that requires a person under arrest to be brought before a Judge or into court. Bill of attainder- an act of legislature declaring a person or group of persons guilty of some crime and punishing them without privilege of a judicial trial. Ex post facto- retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.
Bill of Rights- the collective name of the first ten amendments of the United States Constitution 1st Amendment- freedom of speech, religion, press, and assembly. 2nd Amendment- the right to bear arms. 3rd Amendment- forbidding the quartering of soldiers against the wishes of the homeowner. The Amendment- forbids “unreasonable” searches and seizures and requires the existence of “probable cause” before warrants may be issued or a search or seizure may take place. 5th Amendment- a number of protections for double Jeopardy, the right to due process and Just compensation, and criminal trial. The Amendment- the right to a speedy trial, the right to a public trial, the right to a trial by an impartial Jury, the right to notice of the charges against oneself, the right to representation by counsel, and the right to confront the witnesses against oneself. 7th Amendment- a right to a trial by Jury in federal civil trials. The Amendment- prohibits excessive bail and cruel and unusual punishment. 9th Amendment- the listing of rights in the constitution should not be construed as a listing of all the rights retained by individual citizen.
In other terms the rights provided in the Bill of Rights should not be taken as the only rights that citizens have. 10th Amendment- the rights not delegated to the federal government by the constitution are reserved for the states or individual citizens. Is simply the principle of federalism and constitutionalism. 13th Amendment- prohibits slavery in the United States. 4th Amendment- Individual rights, forbids states from mistreating their citizens. Grand Jury- a legal body that is empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought.
Indictment- a formal accusation that a person has committed a crime. Information- facts provided or learned about something or someone. Mistrial- a trial rendered invalid through an error in the proceedings. Hung Jury- a Jury that can’t, by the required voting threshold agree upon a verdict after an extended period of deliberation. Dual sovereignty doctrine- a legal principle that more than one sovereign may prosecute and individual without violating the prohibition against double Jeopardy if the individual’s act breaks the laws of each sovereignty. Eminent domain- the power to take private property for public use by state.
Miranda warnings- a warning given by police to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. Fundamental rights- a generally regarded set of legal protections in the context of the legal system, wherein such system is itself based upon this same set of basic, fundamental, or inalienable rights. Strict scrutiny- the most stringent standard of Judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government’s interest against a constitutional right or principle.
Intermediate scrutiny- the second level of deciding issues using Judicial review. In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an important government interest in a way that is substantially related to that interest Rational axis test- refers to the lowest of three levels of scrutiny applied by courts when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Rational basis review” simply means that the enactment in question is “rationally related” to a “legitimate” governmental reason offered as its Justification. Suspect class- is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination Quasi-suspect class- is a statutory classification established n gender or legitimacy Incorporation- consolidating two or more things; union in (or process clause of the Fourteenth amendment made the entire Bill of Rights applicable to states.
Total incorporation plus- the due process clause of the Fourteenth amendment includes all of the Bill of Rights and other rights not specified in it. Selective incorporation- a piecemeal evolutionary approach to incorporation. Mammary v. Madison- was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of Judicial review in the United States under Article Ill of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and Judicial branches of the American form of government.
Judicial review- the doctrine under which legislative and executive are subject to review by the Judiciary. Original precedent- a term used in law that means a precedent that creates and applies a new legal rule Binding precedent- is a precedent which must be followed by all lower courts under common law legal systems. Persuasive precedent- a principle or rule established in a previous gal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
Distinguishing- to contrast the facts of the case before the court from the facts of a case of precedent where there is an apparent similarity. Obscenity- any statement or act which strongly offends the prevalent morality of the time. Profanity- a subset of languages lexicon that is considered to be strongly impolite or offensive. Libel and slander- Two torts that involve the communication of false information about a person, a group, or an entity such as a corporation.
Libel is any defamation that can be seen, such as a writing, printing, effigy, movie, or statue. Slander is any defamation that is spoken and heard. Clear and present danger- posing a clear and present danger to public safety. Penumbral rights- The rights guaranteed by implication in a constitution or the implied powers of a rule. The rights the Constitution give us. Right to privacy- a human right and an element of various legal traditions which may restrain both government and private party action that threatens the privacy of individuals.