Law and Society Review for Exam Two (Final Exam)   The exam is multiple choice. The exam is worth 50 points. The exam is comprehensive, so review the previous study guide.   From the Marxist standpoint, which social class is dominant in capitalist society? What are other classes identified in this perspective and what are the relationships among them? (Know both the names Marxists use – bourgeoisie, proletariat, etc. – and their more contemporary equivalents – capitalist, worker, etc.) What is the engine of historical transformation in the Marxian theory of social change. What are the forces and relations of production? What is the political legal superstructure? What is the relationship between the two? What is the relationship of ideas to power in historical materialism? What is the relationship between material forces and consciousness. What is Emile Durkheim’s theory of the relationship between societal change and the transformation of punishment covering feudalism and capitalism? What is mechanical solidarity? Organic solidarity? What are the more well known equivalents for these words? What does Durkheim mean by division of labor?  What is the relationship between the division of labor and the moral order?  What is mala en se?  How does it contrast with mala prohibita? What is repressive punishment? What is restitutive punishment? With which types of solidarities are these punishment types associated? What was Durkheim’s error concerning the nature of punishment in historical systems? Contrary to Durkheim’s view of Europe before modernity, Georg Rusche and Otto Kirchheimer argue that punishment was not very great in the early Middle Ages in Europe. What facts supported their argument? Your teacher rehabilitated Durkheim. What was the example he used to demonstrate the continuing usefulness of Durkheim’s theory? What was Michel Foucault’s take on the change of punishment in France during this period? For Max Weber, what was the hallmark of modern capitalist society? What are the characteristics of bureaucracy? What is the Capitalist Spirit?  What are the differences between traditional, charismatic, and rational authority? What is authority and what makes it a special form of power? How does Weber define power? What is a problem your teacher finds with Weber’s definition of power? What is pluralism? What are interest groups? How does Weber’s perspective on social class differ from that of Karl Marx? According to Weber, what is different about Protestantism compared to other religions? What is the Protestant Ethic?  What did Weber mean when he said that our world has been abandoned by the gods (what he calls "disenchantment)? Who makes the argument that the law and policy are the result of conscious actions carried out by well-placed actors who share a class consciousness and that, moreover, their actions, sometimes carried out in secret, often violate law and contravene accepted morality? (Hint: we listened to audio of his lost lecture in class). In the debate between structuralism and instrumentalism, to whom did we look to resolve in a significant way the debate?  (Hint: he focused on the way capitalists, through their control over sociocultural regions dominate other classes and class fractions to gain support for the law, what is sometimes referred to as the manufacture of consent. Here's another hint: It is his concept of “hegemony” that has become widely used in the study of law and social change, as well as law and inequality.) Who said this: "These capitalists generally act harmoniously and in concert to fleece the people"? The 1473 landmark Carrier’s Case established a new and very consequential legal doctrine concerning what area of the law?  This is a complicated ruling, one that requires more information that is contained in the chapter to completely comprehend, but what is important to know about this case is that it weakened the authority of the monarchy and strengthened the position of the capitalist and thus is a adequate example of law affecting social change. In the same vein, it is important to know that the fellow-servant rule resulted from changes in the nature of work created by the rise of capitalist industry. This is an example of social change affecting the law. A more modern example of the relationship between the law and social change is the U.S. Supreme Court’s 1954 decision in Brown v. Board of Education declared school racial segregation unconstitutional. Know that this ruling overturned the Supreme Court’s 1896 Plessey v. Ferguson finding had established the principle of “separate but equal.” Several questions will focus on historical facts that document the way the law has maintained inequality. Expect questions about the following facts: Susan B. Anthony was arrested in 1872 for voting.  By the end of the nineteenth century almost all the states passed tramp acts that banned traveling without visible means of support. More than this, the law supported the concept of the dangerous classes that was applied to the poor and more broadly to the working masses.  The rise of the modern police force in the United States begin in the 1830s and 1840s as an institutional coercive control mechanism. In 1903, Congress was given the power to invalidate the land treaties and to take Native American land without proper compensation. This has become known as the Lone Wolf decision. The book notes that much evidence for the law and inequality thesis comes from the history of the U.S. labor movement after the Civil War (however we can see how the law has been used to keep down workers, women, and native populations throughout the history of the country). Regarding gender differences in arrest of juveniles, the evidence indicates that girls are more likely than boys to be arrested or otherwise brought to the attention of juvenile authorities for certain types of offenses? What are these? What is the "separate sphere" ideology? What is the history of employment discrimination against women? When was this for of discrimination outlawed? Has employment discrimination disappeared?  When was heroin brought under federal government control? How about marijuana? What were some of the tactics used to gain congressional support for the criminalization of marijuana? What is cognitive dissonance? How does it relate to the study of law and social change? Who argues that any collective effort to secure greater material equality would compromise the principle of equality before the law and thus represent unjustified coercion? What is the difference between negative (freedom from) and positive liberty (freedom to)? Who is Isaiah Berlin?  What is the difference between formal equality (equal treatment) and substantive equality? Who is F. A. Hayek and what is view of liberty? Why does he argue that formal equality is the only type of equality that can exist? How does this relate to debates about affirmative action and Americans with disabilities? What is the difference between liberalism and democracy? How does C. Wright Mills define democracy? Class systems take different historical forms, but the feature common to all is the separation of the means of production (objects and instruments) from the direct producers, which, depending on the system, may be peasants, slaves, or workers. There were several models of social class presented. Familiarize yourself with them. Consider also racial hierarchy. What is the model of caste-class? What is the extent of inequality in the United States? For example, in 2007, America's top 1 percent held nearly $3.3 trillion more wealth than the entire bottom 90 percent. Have some sense of the magnitudes of inequality.  What is the relationship between taxation and inequality? What are the major points in the competing explanations of poverty in the residual versus institutional debate?   What was the Pinkerton National Detective Agency? What role did it play in maintaining inequality? Were the activities of the Pinkerton agency entirely extralegal? If not, in what way can this example be said to be part of the study of the role of law in inequality? What were the advantages of using public armed forces in the control of labor?  What was the Sherman Antitrust Act of 1890 and how was it used against unions and the labor movement? Same for the Clayton Antitrust Act of 1914. Juries often acquitted striking workers. How did management respond? How did the courts enable management to bypass the will of the people? What are criminal conspiracy and criminal syndicalism laws. What is an injunction? How often was it used against labor?   As the semester came to a close, I discussed the defense of privilege developed by liberals to rationalize the extreme disparities of wealth that are inevitable under capitalism without a regime of redistribution of income. Who is Herbert Spencer? Who is William Graham Sumner? What was the substance of their defense of privilege? Is social Darwinism a thing of nineteenth century or do we still see its presence in contemporary rationalizations of poverty?