3.1. Functions and Limitations of Law
25 questions available
Questions
What is the primary function of laws as a formal means of social control?
View answer and explanationAccording to Kerper (1979), how many major limitations of the law did he identify?
View answer and explanationWhich historical event is used as an example to illustrate Kerper's first limitation of law, that it cannot gain community support without the backing of other social institutions?
View answer and explanationWhat term does Lippman (2015) use to describe situations where the law promotes inequality or serves the interests of a small number of individuals rather than the welfare of society?
View answer and explanationWhich of the following is NOT listed as one of Kerper's four major limitations of the law?
View answer and explanationAccording to the text, what distinguishes formal social control, like laws, from informal social control, like social media?
View answer and explanationWhat does Lawrence Friedman identify as a dysfunction of law related to its rigidity?
View answer and explanationAccording to Friedman, why might reliance on law and courts discourage democratic political activism?
View answer and explanationWhat is meant by the statement that the law's resolution of disputes is 'dependent upon a complicated and expensive fact-finding process'?
View answer and explanationLippman's concept of 'dysfunctions of law' suggests that law can be used to repress individuals and limit their rights. How does the text describe this phenomenon?
View answer and explanationWhich of the following points is listed as one of Lawrence Friedman's identified dysfunctions of law?
View answer and explanationWhat is the second limitation of law identified by Kerper?
View answer and explanationHow does Friedman explain the law's slowness to change?
View answer and explanationWhat does the text identify as a potential negative consequence of the law reflecting the interests of powerful economic interests?
View answer and explanationThe concept that law can 'impede social change because it may limit the ability of individuals to use the law to vindicate their rights and liberties' is attributed to which scholar?
View answer and explanationWhat is the core purpose of law as described in the first sentence of the section?
View answer and explanationFriedman notes that courts are often reluctant to second-guess the decisions of political decision-makers. In what specific circumstances is this reluctance particularly noted?
View answer and explanationAccording to the text, what is a key difference between the 'limitations' of law (Kerper) and the 'dysfunctions' of law (Lippman/Friedman)?
View answer and explanationWhich of these functions is NOT mentioned as a way laws and legal rules promote social control?
View answer and explanationWhat reason does the text give for why informal social controls like social media are not considered 'the law'?
View answer and explanationThe use of legal actions to harass individuals or to gain revenge is identified as a dysfunction of law by which scholar?
View answer and explanationIn the context of Friedman's dysfunctions, what does the text suggest about the law's relationship with precedent?
View answer and explanationWhat is the consequence of law being 'used to repress individuals and limit their rights,' according to Lippman?
View answer and explanationThe example of self-defense rules not applying neatly to situations of battered women who use force against consistent abuse illustrates which of Friedman's dysfunctions?
View answer and explanationWhat is the central idea behind Kerper's fourth limitation, that 'the law changes slowly'?
View answer and explanation