Fa - answer✔Fair (what is perceived as fairness changes over time)
Li - answer✔Law
Status (eastern law) - answer✔elites can get a break, more leniency
Code of Hammurabi (Western Law) - answer✔One of the first written legal systems with scaled
punishments (eye for an eye, tooth for tooth) based on class/societal worth (the eye of an
aristocrat is of more value than the eye of a plebeian). It also included contracts (what is fair
compensation) and provided for divorce.
Justinian (Western Law) - answer✔The Roman Emperor Justinian had the Roman law written
down. It included the idea of Res Communis (Common Things) or the idea that certain things
are to be owned by the common not individuals such as air and water and it is seen today in
environmental laws.
Abrahamistic (western law) - answer✔Judeo-Christian-Muslim laws that were based on morals
and ethics such as the ten commandments (thou shalt not kill, etc.)
Natural Law (western) - answer✔The Greeks believed natural law prevailed, thinking that
people were born good and if they had their needs (food, water, shelter) met there would not
be any crime, making a legal system unnecessary.
Anglo-American (western law) - answer✔Included notions of civil rights, equality before law
(equality of women later), procedural justice, and democracy.
Posited law - answer✔An entity only has a right if it is given to them. For example you can't
vote unless the law says you can.
Out of law - answer✔Certain groups or sets of relation that are defined out of the protections
of the law (it's a cultural thing). Examples include women and slaves.
Mary Wollstonecraft - answer✔She wrote the Vindication of the Rights of Woman and included
that reason, virtue, and knowledge should be the roles of women.
Olympe deGouges - answer✔She wrote the Declaration of the Rights of Woman in response to
the Declaration of the Rights of Man and the Citizen during the French Revolution. She also
included marriage as a social contract.
Sources of law - answer✔Culture and belief, longstanding practices common to a small group,
observed/ generally accepted behaviors/actions
Legal systems emerge from - answer✔cultural contexts (periods of history, sets of social
relations)
What is a law? - answer✔Essentially it includes rules and guidelines. It can be a rule established
by authority, custom, or society, a principle that must be obeyed, and it may or may not have a
legal system to enforce it.
What is a legal system - answer✔The process by which laws are enforced.
Paradox of law and state - answer✔How to reconcile political and legal theory that all are born
free? You can't just do what you want as society becomes large. No one is an island.
Functions of Law - answer✔-resolve disputes
-maintain order
-framework within which common expectations of daily activities or accidents can be met
-government functioning
-protect citizens against excessive or unfair gov. power
-protect society against excessive or unfair power (antitrust laws, laws against monopolies)
-ensure decencies of life (reflects social beliefs)
-create ethical or moral standard?
Limits to Law - answer✔-social conditioning
-popular habits, ideals
-human frailties during emergencies
-risk in administration
-internal disputes
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