Chapter 7 Self-test questions

. Which description below most accurately captures the distinction between Gemeinschaft and Gesellschaft?

Gemeinschaft is democratic Gesellschaft, autocratic.

Gemeinschaft exists in civil society, Gesellschaft in civic society.

Gemeinschaft is a society based on community, Gesellschaft one based on association

Gemeinschaft refers to an open government, Gesellschaft to a lack of transparency.

. What relationships to the type of law that exists in society does Durkheim identify between (1) mechanical and (2) organic solidarity?

Mechanical solidarity produces conflict in society. Organic solidarity leads to greater social harmony.

Mechanical solidarity leads to repressive law. Organic solidarity leads to restitutive law.

Mechanical solidarity fosters efficiency. Organic solidarity leads to inefficiency.

Mechanical solidarity generates a more democratic legal system; organic solidarity a more authoritarian legal system.

. Which statement below best represents Durkheim's view of the function of punishment?

Deterrence.

Rehabilitation.

Vengeance.

Desert.

. Which word best summarizes Weber's explanation of the development of formally rational law?

Authority.

Charisma.

Co-operation.

Capitalism.

. How does Weber solve the 'England problem'?

By denying its existence.

By explaining the difference between the common law and civil law.

By distinguishing certain features of the English legal system that facilitated the development of capitalism.

By recognizing the importance of legitimate domination.

. Why does a Marxist account of law reject individual rights?

Because they are inconsistent with state control.

Because they are an expression of a capitalist economy and are unnecessary in a socialist society.

Because the concept of rights is philosophically unsound.

Because Marx, Engels, and Lenin failed to provide a coherent analysis of rights.

. Habermas distinguishes between 'law as medium' and 'law as institution'. Which statement below most accurately describes this distinction?

'Law as medium' describes law as a body of formal, general rules that control the state and the economy; 'law as institution' inhabits the 'lifeworld' and expresses its shared values and norms in institutional form.

'Law as medium' consists of the manner in which law is presented by the media; 'law as institution' describes the courts.

'Law as medium' concerns the manner in which the law expresses its rules in simplified terms; 'law as institution' refers to the formal declaration of laws by legislative bodies.

'Law as medium' is defined as the intermediate stage of legal development; 'law as institution' is the advanced stage.

Quiz Content