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GOVT 345 Quiz 5: Historical and Anthropological Jurisprudence
- The colonial imposition of law onto the original native system is a good example of legal pluralism.
- Critics of Savigny nevertheless agree with his assessment of legislation. The legislature is the perfect place to unite multiple voices.
- Malinowski said primitive societies are stagnant and lack any kind of civil order.
- Historical jurisprudence is perhaps the most abstract and impenetrable school.
- Legal realists balk at Savigny’s ethereal Volkgeist.
- Savigny said the law is not arbitrary but a reaction of the “common consciousness”.
- Savigny applauded Bentham’s call for codification.
- The practice of sharia law in Western immigrant communities is a good example of legal pluralism.
- For Maine, earlier societies based status on privilege whereas modern societies permit people the liberty to change their status through contract
- According to Bohannon, norms are intelligible oughts that become customs which sometimes become a universal law.
- Hoebel and Llewellyn’s study of the Algonquin is considered a historical achievement but failed to make any distinction between law and other forms of social regulation.
- Legal pluralism suggests that two legal or quasi-legal systems can exist in parallel.
- For Leopold Pospisil, primitive practices could in no way be compared to civilized law.
- Historical jurisprudence says laws are a reaction of culture and change over time.
- Savigny absolutely opposed legislation as a Volkgeist killer.
- Bohannon is known for his “double institutionalization” concept.
- Holmes was a legal realist who saw the law as a great anthropological document.
- Perhaps the biggest criticism of Maine is that he was too elitist. He had an elitist perspective and gave the elite credit for social progress.
- Bohannon studied the Tiv people of Nigeria.
- Some critics of Savigny say his Volkgeist and “common consciousness” are too monolithic and fail to take into account the marginalized.
Other sets
Set 1
- The colonial imposition of law onto the original native system is a good example of legal pluralism.
- Major contributors to historical jurisprudence include Foucault and Ross.
- Historical jurisprudence says laws are a reflection of culture and change over time.
- Legal realists balk at Savigny’s ethereal Volkgeist.
- Bohannon studied the Tiv people of Nigeria.
- Hoebel and Llewellyn’s study of the Algonquin is considered a historical achievement but failed to make any distinction between law and other forms of social regulation.
- Savigny absolutely opposed legislation as a Volkgeist killer.
- Legal pluralism suggests that two legal or quasi-legal systems can exist in parallel.
- For Pospisil, discussing law outside the context of the existence of the state was ridiculous.
- Historical jurisprudence is synonymous with sociological jurisprudence.
- Savigny said the law is not arbitrary but a reflection of the “common consciousness”.
- Anthropological jurisprudence is the cross-cultural study of social order, particularly in pre- or proto-law societies.
- Like Kelsen, Holmes would reject the intrusion of anthropology into the analytical study of law.
- Some critics of Savigny say his Volkgeist and “common consciousness” are too monolithic and fail to take into account the marginalized.
- Holmes was a legal realist who saw the law as a great anthropological document.
- Like historical jurisprudence, anthropological jurisprudence assumes evolution and therefore is of no value to a Christian.
- Anthropological jurisprudence is synonymous with historical jurisprudence.
- Malinowski said primitive societies are stagnant and lack any kind of civil order.
- Historical jurisprudence is perhaps the most abstract and impenetrable school.
- Savigny was a Romanticist who believed the law was located in the Grundnorm.
Set 2
- Hoebel and Llewellyn’s study of the Algonquin is considered a historical achievement but failed to make any distinction between law and other forms of social regulation.
- Perhaps the biggest criticism of Maine is that he was too elitist. He had an elitist perspective and gave the elite credit for social progress.
- Like Kelsen, Holmes would reject the intrusion of anthropology into the analytical study of law.
- Savigny applauded Bentham’s call for codification.
- Legal pluralism suggests that two legal or quasi-legal systems can exist in parallel.
- The colonial imposition of law onto the original native system is a good example of legal pluralism.
- Critics of Savigny nevertheless agree with his assessment of legislation. The legislature is the perfect place to unite multiple voices.
- Historical jurisprudence is perhaps the most abstract and impenetrable school.
- Savigny was a Romanticist who believed law was located in the Grundnorm.
- The practice of sharia law in Western immigrant communities is a good example of legal pluralism.
- According to Savigny, calls for codification come when society is at its most vibrant or when it is in decline.
- For Pospisil, discussing law outside the context of the existence of the state was ridiculous.
- According to Bohannon, norms are intelligible oughts that become customs which sometimes become a universal law.
- Savigny absolutely opposed legislation as a Volkgeist killer.
- Major contributors to historical jurisprudence include Foucault and Ross.
- Historical jurisprudence says laws are a reflection of culture and change over time.
- Anthropological jurisprudence is the cross-cultural study of social order, particularly in pre- or proto-law societies.
- Bohannon is known for his “double institutionalization” concept.
- Gluckman’s conclusions about the Lozi were universally accepted.
- Some critics of Savigny say his Volkgeist and “common consciousness” are too monolithic and fail to take into account the marginalized.
Set 3
- Malinowski said primitive societies are stagnant and lack any kind of civil order.
- Legal pluralism suggests that two legal or quasi-legal systems can exist in parallel.
- Savigny was a Romanticist who believed the law was located in the Grundnorm.
- Historical jurisprudence is perhaps the most abstract and impenetrable school.
- According to Savigny, calls for codification come when society is at its most vibrant or when it is in decline.
- Like historical jurisprudence, anthropological jurisprudence assumes evolution and therefore is of no value to a Christian.
- Historical jurisprudence says laws are a reflection of culture and change over time.
- Holmes was a legal realist who saw the law as a greatthe anthropological document.
- Gluckman’s conclusions about the Lozi were universally accepted.
- For Pospisil, discussing law outside the context of the existence of the state was ridiculous.
- Bohannon is known for his “double institutionalization” concept.
- Critics of Savigny nevertheless agree with his assessment of legislation. The legislature is the perfect place to unite multiple voices.
- Some critics of Savigny say his Volkgeist and “common consciousness” are too monolithic and fail to take into account the marginalized.
- Historical jurisprudence is synonymous with sociological jurisprudence.
- The colonial imposition of law onto the original native system is a good example of legal pluralism.
- For Maine, earlier societies based status on privilege whereas modern societies permit people the liberty to change their status through contract.
- Savigny said the law is not arbthe itrary but a reflection of the “common consciousness”.
- Major contributors to historical jurisprudence include Foucault and Ross.
- Perhaps the biggest criticism of Maine is that he was too elitist. He had an elitist perspective and gave the elite credit for social progress.
- Savigny absolutely oppation as a Volkgeist killer.