Sociology of Law
Section 1:
Define any four of the following Concepts and explain in a paragraph the significance of each concept as it
applies to the sociology of law and issues discussed in class, readings and group presentation. 5marks each (20
marks)
Commodity theory of law, trial by ordeal, legal positivism, restitutive law, law as relatively autonomous, formal
legal rationality, Rational legal domination, substantive legal equality, capital logic theory of law, romantic crimes,
structural Marxist conception of law, living law, Pareto optimum conception of law, feminist jurisprudence, plain
fact view of law, Charismatic domination, gapless theory of law, result-equality feminism, social contract theory of
law, law as integrity, originalism, restorative justice, Khadi justice, enclosure movement, legal pragmatism, State
action requirement, Substantive inequality, victim perspective on racial discrimination, 1935 Nuremburg Law, Jim
Crow Laws, Brown v. the Board of Education, Common Law understanding of Aboriginal land claim, Quickening,
Roe v. Wade, Midwifery, medicalization of birth, legal realism/legal pragmatism, Compelling state interest, Citizen
plus, Critical legal studies, Public interest litigation, Cause Lawyer, Social Movements, Rights
consciousness, medical model of disability, Nothing about us without us ideology, cultural injustice,
Rhenish thefts of wood law, Protected class, strict scrutiny, Security certificate, Counter-law, Security
Cleared special advocates, Space of radical openness, Social relations of production for temporary
foreign workers, borderline Citizenship regime, Exceptional State, Biopower, borders versus boundaries
for non-status immigrants, Race thinking, Reliance interest and the Supreme Court, battered women
Syndrome, Gender dysphoria
Section 2: Answer any one of the following questions. Using class lectures, group presentation slides and class
discussion. Be sure to be precise when referring to case law cited in readings and groups presentations in your
answer where applies. Make certain to cite relevant readings in your answer (60 marks)
1. Max Weber and Marx are the two most important classical sociological theorists of law that best
explained the problematic nature of law in the formation of capitalism. Explain their epistemological
grounding for law in capitalist social formation. What is the function of law in capitalist social formation
according to Weber and Marx? How are the two thinkers alike and different in their analysis of the law
in capitalist society? Use the Rhenish thefts of wood law and other cases to illustrate the point of
departure between Marx and Weber. How is Durkheim different from both Weber and Marx? What
aspect of Durkheim sociological theory of law gives insights into capitalism and the law relationship?
Why did the emergence of capitalism in England pose a problem for Weber in his explanation for the
relationship between law and capitalism?
.
2. Law can have a variety of different functions depending on the theoretical perspective one applies to
analyze the law. With respect to women and law evaluate the function of law from a liberal legal
feminist perspective as well as from the critical/structural legal feminist perspective. Why do radical
feminists depreciate liberal feminist jurisprudence as an effective strategy to achieve equality rights for
women? Describe how liberal jurisprudential approach to law has historically denied First Nations
Peoples and colonial subjects in Africa both formal and substantive equality and justice. In what way
can liberal pluralist and “living law” perspectives offer hope of legal equality and substantive justice to
indigenous and African peoples?
3. Drawing upon your lecture notes and textbook readings evaluate the balance or weight of terror,
coercion and legitimacy in the development, evolution and application of the law since the sixteenth
century up to the mid twentieth century in Britain. Give two contrasting theoretical and empirical
perspectives on the various functions law served during this period. In what way was the law an
instrument of oppression against women racial minorities and labour in Canada in the late nineteenth
century to mid twentieth century and colonial subjects in the nineteenth and twentieth centuries.
Douglas Hay is correct in arguing that law is an instrument of elite domination, what theoretical
framework is he basing his understanding of law? What aspect of the law he may be ignoring?
4. Liberal legal jurisprudence has exercised a dominant legal hegemony in the legal order of western
civilization yet liberal legal jurisprudence has not had a stellar jurisprudential record of accomplishment
on substantive justice or as it? Give your explanation for the hegemonic dominance of liberal legal
jurisprudence in western civilization include in your discussion concrete legal-sociopolitical
achievements. In the area of women’s justice and equality rights Feminists such as Eisenstein, Smart
and Mackinnon argue that the hegemony of liberal jurisprudence lacks intellectual legal legitimacy.
Explain how they analytically justify this claim. Make sure to differentiate the distinctiveness of each of
the authors’ argument and the areas of women lived experiences they focus on.
5. In Western liberal capitalist countries like Canada and the United States the role of the judiciary is
indispensable to the functioning and stability of the politico-economic and socio-legal order. A. First,
defined institutionally the judiciary. B. Discuss how the judiciary contributes to the stable functioning of
the politico-economic and socio-legal order. C. What should be the role of the judiciary in societies that
are marked by injustice? D. What are the principal criticism that critical race theorists and critical legal
theorists and radical feminist legal theorists’ level at the judiciary in Societies such as Canada and the US?
E. Are these legal theorists unreasonable in their assessment of the judiciary?
6. Liberal formal legal framework presents law as neutral, rules based, above ideology and above politics,
rights and liberty enforcing, and ultimately fair minded in administering the law. A. First, discuss how
liberal formal legal theorists justify their claims about law. B. Discuss the ways in which criminal sanctions
in the areas of capital crime, corporate crime and environmental crime contradict the premise of the
liberal formal legal doctrine. C. How would you describe the role/action of the judiciary in dealing with
these crimes? Is legal determinacy a useful concept in helping you analyze these categories of crime? Why
or why not? D. How does critical race theory and Marxist approach to law serve to expose the true
objective of the liberal legal framework and serve as a corrective to the flaws of the liberal formal legal
framework?
7. A. Discuss the ways in which the liberal formal legal framework has been productive in reversing racial
discrimination advancing the substantive justice of racialized groups, advancing the rights of women and
re-shaping family law to reflect substantive equality; what are the legal tools that have been used by
liberal formal legal framework to advance justice for those whose law as unjust. Use the United States
and Canada and relevant case law to illustrate your argument. B. Explain why critical race theorists,
Critical legal studies theorists, and critical feminist theorists dismiss the liberal formal approach to law as a
remedy for justice for those who seek justice. C. Why are these critical approaches to law suspicious of
the Charter of Rights and Freedoms and other legal doctrines such as the Equal Rights Amendment. E. Are
the critical approaches right to be skeptical about liberal legal formal framework?
E. P. Thompson famously made the following observation regarding law:
“The rhetoric and rules of a society are something a great deal more than sham. In the same moment
they may modify, in profound ways the behaviour of the powerful, and mystify the powerless. They may
disguise the true realities of power, but, at the same time, they may curb that power and check its
intrusions. And it is often from within that the very rhetoric that a radical critique of the practice of the
society is developed: … We ought to expose the shams and inequities which may be concealed beneath
the law. But the rule of law itself, the imposing of effective inhibitions upon power and the defence of the
citizens from power’s all-intrusive claims, seem to me to be an unqualify human good.”
8. The social movements versus law debates as instruments of social change in the United States reflect
intellectual and ideological ambivalence belies Thompson’s faith about law’s purpose. With respect to
the civil rights movement and African Americans quest for equal rights, critically assess the social
movements versus law debates/strategies in the achievements or lack thereof of equal justice for
African Americans. In the end of your assessment give your analysis as to whether Thompson’s view
of law is tenable. In your answer:
a) Refer to the readings by Michael McCann, Charles Epp, Gerald Rosenberg and Patricia J.
Williams
b) Refer to themes that run through these articles – the role of social movements and law in the
fight for racial justice, Brown v. Board of Education, Civil Rights Act, Title V1, formal justice
versus substantive justice, neoconstitutionalism versus legal mobilization, rights versus needs
dualism, efficacy of court and judges in social change and co-optative role of law versus
transformative role of social movements
c) Refer to case law to help you make your case including case law form the pre-civil rights
movement era to the civil rights era
9. Drawing on the readings on transgender identity politics, analyze why the struggles of transgender
people for equal rights and justice have proven to be a more difficult struggle to win, as compared to
civil rights struggles organized around the issue of race. What is it about the transgender people’s
struggles for equal rights and justice that problematizes why the struggles have not been straight
forward even in a world in which the Charter and Fourteenth Amendment exist? What can the
transgender social movement learn from the civil rights movement? Why framing their cause as a civil
rights movement not led to the same success for the transgender movement as is the case for African
Americans and other racial minorities?
10. The blatant disregard for the rule of law and the fair application of procedural and substantive
justice in the treatment of Muslims cannot be justified on the basis that the nation’s need for security
trumps the rights of the Muslims to equal right and justice. Discuss this statement. In your answer draw
on Foucault’s concepts of biopower and governmentality; Razack’s concepts of race thinking and camp,
Said’s concept of orientalism, and the transformation of the liberal the state into a biocultural
ethnonational state, and law’s contradictions in removing Muslims from the safe harbor of rights and
equal justice.
11. How is the space for mobilization/resistance/agency/voice different for non-citizens in Bonn, Paris
and Montreal? How do citizenship regimes in the three places impact the struggles of non-status
immigrants for agency, voice, recognition and inclusion? The politics of borders and boundaries is
framed as a politics of security and risk, but the true politics of borders and boundaries is all about racial
cleansing and the reconstitution of the state as a bio-ethnic imaginary. How are the counter law
articulations in these jurisdictions related to the contradictions in the transformation of the liberal state
to neoliberal state? Draw on Foucault and Razack and other readings in your answer.
12. Discuss the proposition that the temporary foreign worker program in all its various sub-programs is
not only racist and inequitable but have hyper-exploited vulnerable racialized foreign workers by having
them subsidize the capital accumulation process, as well as underwriting the weakened social safety on
the cheap. In an age in which rights consciousness has taken center stage and Canada prides itself for its
commitment to multiculturalism and diversity how do we explain the state and the judicial system
silence on the right to seek rights for these workers. It is important that you draw on the readings
lecture notes, round table discussions and group presentation in your answer.
Section 3: Answer any 20 of the following multiple-choice questions (20 Marks)
1. Identify the incorrect statement regarding the grand style of jurisprudence?
a. in grand style of jurisprudence legal facts must be contextualised
b. in grand style of jurisprudence, the experience and values of the judge matter
c. grand style of jurisprudence views the law as syllogistic and rational
d. in grand style of jurisprudence the consequences of the law factors into how cases are decided
2. Which of the following statements about law in eighteenth century England, Douglas Hay would
disagree with?
a. eighteenth century law drew upon the attributes of majesty and justice, but ignored mercy
b. eighteenth century courts were selective in dispensing justice
c. eighteenth century law reflected the Lockean theory of law and government
d. eighteenth century law was obsessed with moral degeneration at the expense of property crime
3. Patrimonial bureaucratic authority is consistent with which of the following?
a. organic solidarity
b. rational legal bureaucratic authority
c. society based on a capitalist division of labour
d. traditional authority
4. Suicide are more likely to be a problem in which kind of order according to Durkheim?
a. a society in which the division of labour is based on tradition and non-specialization
b. a society based on a more complex specialization of the division of labour
c. a society based on retributive law
d. a society regulated by conscience collective
5. Which of the following legal frameworks would support the claim that law is politics by other means?
a. classical liberal theory of law
b. critical legal theory approach to law
c. the plain fact view approach to law
d. none of the above
6. Which of the following theorists articulate a legal pragmatic approach to law?
a. Gramsci
b. Durkheim
c. Pound
d. Ehrlich
7. Which of the following statements would Weber agree with?
a. in a rational legal bureaucratic order, the law is differentially applied to bureaucratic officers
according to rank and merit
b. in a rational bureaucratic order, the legislative branch is fused with the bureaucratic administrative
branch
c. in a rational bureaucratic order, those who administer the law are distinguished by merit and
specialized knowledge
d. in a rational bureaucratic order, ascriptive attributes determine one’s place and function in the
administration of the law
8. Identify the incorrect statement regarding the Supreme Court case of r v. Glaude.
a. the Gladue case reaffirmed that in the criminal case at court a judge should facto in her/his legal
decision the socio-historical context and situation of the accused
b. in the Gladue case substantive justice trumps formal justice
c. In the Gladue case the criminal justice system aims to achieve restorative justice
d. the stare decisis set in the Gladue case confirms that legal affirmative action is part of Canada’s justice
system
9. Identify the incorrect statement regarding the enclosure movement?
a. the enclosure movement established the customary right of the European peasants to use the
commons
b. the enclosure movement was a necessary process of transforming peasants into proletariats
c. the enclosure movement was part of the historical process of the transition from feudalism to
capitalism
d. the history of the enclosure movement is consistent with instrumentalist Marxist view of law
10. Identify the correct statement regarding the putting-system?
a. the putting-out system was a system of industrial relations found in a gesellschaft society
b. the putting-out system was a dominant feature of industrial capitalism
c. in the putting-out the relationship between workers and owners of the factories was strictly related
by contract law
d. the putting-out system was associated with a gemeinschaft society
11. Which of the following is inconsistent with legal realism?
a. the judiciary is a part of the law-making process
b. the law should aim to achieve progressive social ends
c. logical rules and formal equality must be the basis of legal adjudication
d. law should be subject to periodical evaluation to see if it is relevant to the needs of the society
12. Identify the incorrect statement regarding usufruct tenure
a. usufruct is the legal prerogative of the Crown to redistribute indigenous peoples’ land to colonial
settlers
b. usufruct is a right granted to indigenous peoples by the Crown to use the land for hunting, gathering
and fishing
c. usufruct is a land surveying technique used in the nineteenth century to establish indigenous land
boundaries
d. usufruct is a land tenure system in which indigenous peoples were forced into indentured labour
during the colonial period
13. Which of the following statements is correct regarding “law as integrity” interpretation approach to
law?
a. Ronald Dworkin rejected law as integrity as an interpretation of law because it would lead to judicial
activism
b. law as integrity demand judges to show strict fidelity to the letter of law and ignore the morality of
the community
c. law as integrity secures equality among members that makes their community more genuine and
improve the moral bases of political authority.
d. none of the above
14. Radical legal feminists would disagree with which of the statements?
a. the law is gendered
b. the passing of rape shield law proves that the law is relatively autonomous and so substantive justice
is possible for women through the application of the law
c. the efficacy of the law in terms of substantive justice for women is constrained by structural forces
such as culture
d. direct political action in the form civil disobedience and protest is more productive than litigation in
advancing women equality rights
15. An instrumentalist Marxist approach to law is consistent with which of the following statement?
a. the working class can utilize bourgeois law to end dominant class oppression in a capitalist society
b.law is not a part of the capitalist superstructure
c. law is subordinated to the logic of the economic base
d. law is an instrument to achieve justice in the social order
16. Which of the following statements Max Weber would agree with regarding the British Common
Law?
a. the British Common Law did not historically start out as a rational system of law
b. the British Common Law lawyers and judges were anti-capitalist
c. the British Common Law historically emerged out of a highly institutionalized codified system of legal
rules
d. the British Common Law lawyers were the product of highly institutional formal legal learning
17. Which of the following statement about law and society is inconsistent with Weber’s conception of
law?
a. a rational commercial order can emerge without the existence of a law of agency or corporation
providing other traditional adjudicative institutions exist
b. the emergence of a stable bourgeois capitalist society in England was not the product exclusively of a
rational system of law, but depended on other dynamics factors operating in English society
c. in a rational legal system the principle of formal legal equality ensures that everyone may establish a
business corporation without regard to ascriptive attributes
d. in a rational bureaucratic legal order the law is gapless
18. Which of the following statements about neo-Marxist approach a critic of neo-Marxism is likely to
disagree with?
a. as a framework, neo-Marxist theory of law is determinative regarding the role of law in the transition
to a post-capitalist society
b. neo-Marxist approach to law starts from the basic premise that the rule of law is an unqualified good
in society
c. neo-Marxists theorization of law is theoretically underdeveloped
d. neo-Marxists conceptualization of law has weak empirical support foundation
19. Which of the following theorists is associated with the commodity exchange theory of law?
a. Marx
b. Weber
c. Pashukanis
d. Vyshinsky
20. Which of the explanations for the development of law is least consistent with the commodity
exchange school of law?
a. law emerges as a reflection of the domination of exchange value over use value
b. law emerges from a social contract among citizens
c. the juridic subject is an idealization of individual freedom in which the freedom of the individual is
constrained by inequality of power
d. law would disappear in a socialist society
21. What is the correct statement about terra nullius?
a. as a legal doctrine, it asserts that indigenous peoples own the land from time immemorial
b. terra nullius is a Common Law tradition that strengthens land claim rights of indigenous peoples
c. terra nullius is a right of usufruct in indigenous culture
d. the Canadian constitution recognizes the doctrine of terra nullius
22. Elizabeth Comack argues that battered-wife syndrome argument is far from a complete legal victory
for women. Which of the statements below would Comack least agree with?
a. battered wife syndrome does not protect the woman from losing custody of children even if she wins
her case at court
b. battered wife syndrome shifts the focus from the crime of abuse to the psychological state of mind of
the victim
c. battered wife syndrome as a legal strategy forces the judge to take into account the pattern of
inequality between men and women
d. battered wife syndrome is not consistent with what legal feminists considers substantive justice for
women
23. Which of the statements about sexual harassment since late 20th century would Catherine
Mackinnon disagree with?
a. it is treated as a law of injuries
b. sexual harassment does not cover spousal sexual behaviour
c. sexual harassment is different from sex discrimination
d. sexual harassment is a practical strategy that criminalizes certain previous masculine sexual
prerogative
24. Which of the statements deviates from the precepts of methodological individualism as a foundation
of law?
a. individuals have rights independent of historical and political context
b. individuals gain rights only as part of a process of forming a social contract
c. the state is not the source of individual rights
d. individuals exist prior to the formation of community
25. Which statement is inconsistent with Weber’s belief about Khadi justice and the Common Law?
a. Khadi justice is based on sacred tradition, the Common Law based its adjudication on custom/stare
decisis
b. Khadi justice and the Common Law share commonality in not basing their legal decisions on
systematic rules of rationality historically
c. Khadi justice remained wedded to sacred tradition and never evolved into a rational system of
adjudication, the Common Law over time transformed into a rational system of adjudication
d. both Khadi and Common Law jurisprudence stem from secular tradition of adjudication
26. According to Roscoe Pound which of the following statement would be inconsistent with legal
pragmatism?
a. law’s function is to maintain cohesion
b. law’s function is to reconcile competing interests
c. law’s function is to impose the will of the dominant class
d. law’s function is to achieve relative consensus
27. Which of the following propositions is inconsistent with postmodern conceptualization of law?
a. law has no definitive meaning
b. the truth claims of law are based on reason
c. law is indeterminate
d. law is purely interpretive
28. The “reasonable woman standard” is a common law defense
a. true
b. false
29. Which statement is inconsistent with the critical legal studies approach to law?
a. formal legal education in law schools has no relationship to actual social life
b. formal legal training in law school prepares lawyers to tackle the problems of social life
c. judges should be activists in adjudicating cases
d. critical legal studies draw from the tradition of Marxism and other social theories in developing its
analytical conception of law
30. Anomie is a concept that describes social disintegration in a society that has undergone a process of
modernization. Which of the theorists propounds this argument?
a. Weber
b. Marx
c. Durkheim
d. Gramsci
31. Identify the incorrect statement regarding Trokosi?
a. it is an example of trial by ordeal
b. it is consistent with justice in mechanical society
c. it is a traditional form of justice found in Ghana
d. Trokosi is an example of how the law condones violence against women
32. Which of the following theoretical framework is least effective in understanding the sociological
aspect of the Carrier’s Case of 1473?
a. instrumental Marxism
b. conflict theory
c. economic determinist theory of law
d. legal formalism
33. Identify the incorrected statement of the Black Act?
a. it dealt with the crime of “blackening”
b. it made the killing of the red-tail Deer a capital crime
c. the Act was promulgated in the 19th century in England
d. the Act was a radical deviation from the English Common law
34. Romantic crimes are crimes involving which of the following?
a. inter-class crimes
b. intra-class crimes
c. petty crimes
d. crimes of passion
35. According to Douglas Hay in the transition from the 17th century to the 18th century the nature of
crime changed in what direction?
a. murder and assault in the 17th century to rape in the 18th century
b. crime against the body in the 17th century to crime against property in the 18th century
c. the nature of crime in the 18th century changed little from what it was in the 17th century
d. the 17th century had more interclass crime than the 18th century
36. According to Douglas Hay the 18th and 19th centuries saw a spike in hanging and capital crimes.
Which of the following was not a part of the historical context in this new turn in crime and
punishment?
a. enclosure movement
b. the consolidation of feudal power
c. the transition from the putting out system to factory production
d. the rise of commercial agriculture based on private property holdings
37. Which of the statements is inconsistent with the functional role of mercy in the 18th century
administration of the law.
a. Mercy was fundamental to the hegemony of the law
b. Mercy reinforced the class nature of the law
c. Mercy was the expression of legal equality which was a substantive feature of the 18th century
d. Mercy was how the law mask the fact that the law was neither objective nor neutral in dispensing
justice
38. In the late 19th and early 20th centuries in Canada which propositions best explain the legal attitude
towards prostitution?
a. The law was concerned with the macrosocial context of prostitution with the goal of seeking
substantive justice for women
b. the law was concerned with criminalizing the actions of men who engaged in prostitution
c. the law was concerned with rescuing women and ameliorating the adverse effect on property of
prostitution
d. the law was applied evenly to women and men who were caught engaged in activity in bawdyhouse
39. Identify the incorrect statement about rape in 19th century Canada?
a. rape was a capital crime
b. the law did not recognized spousal rape
c. in rape cases women had to prove that they had resisted the rapist to prove that they were the victim
of a crime
d. in rape cases in the 19th century judges were more sympathetic to women because of the prevailing
Victorian ideology and context
40. Which country enacted law against immunity for spousal rape in 1992?
a. US
b. Canada
c. France
Great Britain
41. Which one of the propositions least reflect the social reality of changes made to the Criminal Code in
1983 regarding rape?
a. the crime of rape became the crime of sexual assault
b. conviction for rape crime became easier
c. conviction for less violent sexual assault crimes spiked relative to more violent sex crime even though
incident of rape crimes did not decline
d. spousal rape was made a crime under the criminal code during this time
42. In the plain fact view of the law, which of the following statements is incorrect?
a. the legislature is the definitive author of law
b. law is to be found only in statutes
c. Judges engage in law finding
d. judges engage in law making
43. Carrol Smart argues that “the criminal trial for the accused rapist is not a corrective for hateful
actions against women, but as a forum that reinforces a cultural depiction of women’s sexuality as
problematic and pathological.” Which of the following statement is inconsistent with this view?
a. phallocentric culture is consistent with human nature
b. the idea of implied consent is still part of the spectacle of rape trials
c. female heterosexuality is fundamentally constructed as different from male heterosexuality
d. women have benefitted from the sexual revolution
44. Gerald Rosenberg would agree that the statement that Brown v. Board of Education is an illustration
of the effectiveness of courts to bring about social change.
a. true
b. false
45. Which statement about Luddism and Chartism is true?
a. they were first wave feminist movements concerned with winning the right to vote
b. Luddism and Chartism were working class movement in England to improve labour laws and working
conditions
c. Luddism and Chartism as working class movement did not achieve any significant reform to labour
and employment practices in the 19th century
d. Luddism and Chartism are preindustrial middle class movements
46. Which statement is an accurate description of labour relations in North America since World War
Two?
a. the capitalist class were able to block the emergence of the Keynesian welfare state
b. labour movement for justice in the workplace became more revolutionary
c. capital-labour relationship became more legalistic and tripartite/corporatist
d. capital was never able to reconcile its interest with that of capital and the state
47. Which of the following statements is consistent with the capital logic theory of labour relations in
capitalist society?
a. according to this theory the state always resolved labour relations conflicts in favour of the short term
interest of the capitalist class
b. capital logic theory argues that that the state involvement in capitalist-labour relations is ultimately
geared to secure a favourable condition for long term capitalist accumulation
c. capital logic theory of labour relations shares the same assumptions as instrumental Marxism
d. capital logic theory of labour relations assumes that the capitalist class absolute autonomy and the
state role is subordinate
48. Identify the incorrect statement regarding the interface of Africa with European colonial powers?
a. colonial rule and law in Africa created a Yeoman farming class in Africa
b. before the arrival of the Europeans Africa’s legal tradition shared commonality with the English
common law
c. the colonizing European used law to forcefully displaced Africans from the land and forced them on to
reserves
d. as an instrument of colonial domination European law was determinative in the dispensing race based
justice
49. If you were to argue as Havemann does in chapter 3 of your text that the nexus of between law and
indigenous peoples in Canada is contradictory and indeterminate at times. Which of the statement
below you would agree with?
a. law was used to pacify indigenous peoples, but also indigenous peoples used law as an arena for
struggles to define and assert rights for indigenous peoples
b. it is through the instrument of the law that the material interests of the indigenous people were
protected
c. the law had a civilizing mission where indigenous peoples were concerned, and serve as constraining
force against settlers’ exploitation
d. none of the above.
50. In 19th century Canada courts consistently ignored the common law framework of harm from
pollution when adjudicating environmental tort cases.
a. false
b. true
51. Which of the following statement about Durkheim is incorrect?
a. Durkheim had a more favourable view of the state than Marx
b. Durkheim rejected positivism as a legitimate sociological method
c. Durkheim was not a supporter of the system of inheritance of wealth and privilege
d. Durkheim argued that in organic solidarity individual are not totally freed from the external constrain
of social fact
52. The emphasis of law in mechanical society is on
a. revenge
b. individual freedom
c. civil liberty
d. all the above
53. Identify the incorrect statement about Weber’s view of law?
a. Weber was a mechanistic materialist in his conceptualization of law
b. the probability of coercive actions is a reason why people obey the law
c. Weber was not a legal positivist
d. a capitalist commercial/industrial environment cannot function without a law of agency or
corporation
54. Identify which of the authors/theory framework would agree with the following statement: That the
mutually reinforcing relationship between law and the emerging capitalist social order was beneficial to
society at large?
a. Weber
b. Durkheim
c. critical studies school
b. liberal feminists
55. According to Weber which of the following is not required for a legal order to be considered
rational?
a. gapless character of legal proposition
b. class justice
c. legal ordering of social conduct
d. application
56. Under a Pareto optimal legal system which statement would be correct?
a. law would yield improve the socio-economic welfare of all citizens and no citizens would suffer a
welfare lost
b. law would yield substantive justice for some citizens and formal justice for others
c. the socio-economic conflict between the capitalist class and the working class would legally solved to
improve the welfare position of the capitalist class
d. law would meet out justice and punishment based on ascriptive attributes
57. For a contract to be legally enforceable consideration among the contracting parties is not
necessary?
a. False
b. True
58. In mechanical solidarity which statement is incorrect?
a. penal law dominates restitutive law
b. crime is committed against the community never against the individual
c. crime is committed against the individual never against the community
d. the individual will is subordinated to the collective conscience
59. As society transition from mechanical solidarity to organic solidarity social order comes to depend no
longer on the collective conscience, but strictly on restitutive law
a. False
b. True
61. Which of the following cases first established that First Nations people have ownership rights of the
land before the arrival of the Europeans?
a. Calder v British Columbia
d. R v Sparrow
c. Delgamuuukw v British Columbia
d. Donald Marshall case
62. In which system of authority would trial by ordeal exist?
a. Traditional patrimonial authority
b. formal irrational legal system
c. rational bureaucratic legal order
d. substantive irrational legal system
63. Identify the statement that least explains why capitalism and a rational legal order emerged in the
Western civilization according to Weber?
a. the laicization of legal adjudication
b. secularization of the law
c. influence of Roman law
d. the tendency of all modes of production to solve contradictions by developing higher forms of
economic base and socio-legal institutions
64. Which of the following legal framework would have the most positive view of the Morgentaler case
of 1988 on abortion?
a. critical legal studies
b. liberal legal feminist approach
c. result-oriented feminism
d. Durkheimian approach to law
65. Identify the incorrect statement regarding security certificates
a. Security certificates are issued under s. 77 of the Immigration and Refugee Protection Act (IRPA)
b. Canada’s security certificate regime supports refoulement
c. Canada’s security certificate regime operates on the assumption of pre-crime society
d. Canada’s security certificate regime operates on the assumption of post-crime society
66. Canada’s security certificate regime was established in
a. 1967
b. 9/11
c. 1978
d. 2001
67. Which of the following least reflect the essence of Kingston Immigration Holding Center (KIHC)?
a. Counter-law
b. Prison
c. Camp
d. Bureaucratic absolutism
68. Identify the incorrect statement regarding social movements
a. Social movements are political parties whose core objective is to effect social change
b. Social movements seek fundamental change in distribution of power through demonstration
c. Social movements are open to embracing legal mobilization and litigation to effect radical change
d. Social movements are committed to use communicative strategies of information disclosure to seek
radical change
69. According to Michael McCann, the concept of rights consciousness means
a. Subordinate groups who turn to the law to seek radical change will be co-opted
b. C. Rights consciousness allow elites to reframe radical demands into status quo changes
c. Rights consciousness as an ideology assume that judges and the judiciary are not open to radical
change
d. Rights consciousness is a pathway to transformation of relational power through radical
discursive politics
70. Labour rights activists would agree with which of the statements?
a. TFWP workers do not subsidize the welfare state
b. TFWP workers contribute to solving the crisis of accumulation
c. TFWP workers are in the border, as well as within the boundaries of the state
d. TFWP workers are the principle cause of declining productivity in Canada
71. Identify the correct statement regarding the social relations of production of SAWP workers
a. The social relations of production conform to the standard employment relations (SER)
b. It allows for SAWP workers to form trade unions
c. It gives SAWP workers access to WSIB protection
d. The social relations of production conform to precarious employment
72. Identify the incorrect statement regarding Brown v Board of Education
a. Brown v Board of Education is anathema to what rights consciousness is all about
b. Brown didn’t end de facto segregation, but not legal segregation
c. Brown marginalized black leaders with more radical versions of justice and transformation
d. Brown was emblematic of problem-solving theory
73. Identify the incorrect statement regarding the Johnson Administration Civil Rights Act
a. It made possible the enshrining into law the right of African Americans to vote
b. It created the conditions for the victory of Brown v Board of Education
c. It demonstrated that social movements can be the instruments of social change
d. The NAACP supported the Civil Rights Act
74. How is Emmett Till related to segregation and racial oppression in the American South?
a. Emmett Till was one of the student leaders who fought for de-segregation of restaurants
b. Emmett Till was murdered for whistling at the white women
c. Emmett Till was murdered for dating a white woman
d. Emmett Till successfully fought and won the right to attend white only university
75. Which of the following is a protected class?
a. The working class
b. Transgender people
c. African Americans
d. Lesbians
76. Which of the following is not actionable under law for transgender people?
a. Transgender poverty and inequality
b. Housing discrimination against transgender people
c. Employment discrimination against transgender people
d. All the above are actionable under law
77. Which of the following statements is correct regarding the care giver workers?
a. Care giver workers have full citizenship rights, so long as they do not violate their contracts
b. Majority of the care giver workers come from the Commonwealth Caribbean
c. Care giver workers have back-stop the compression of social reproduction undergone by the
welfare state
d. Care giver workers exercise their agency and voice independent of social movements
78. Identify the incorrect statement regarding international mobility workers (IMPs) in Canada
a. IMPs have reciprocity in terms of Marshallian rights
b. IMPs make the Canadian economy more globally competitive
c. IMPs are expected to improve the cultural capital of Canada
d. IMPs come primarily from Mexico and the Philippines
79. Identify the incorrect statements regarding the transgender case of Doe v South Junior High
a. The court ruled that gender expression is constitutionally protected
b. The reframing of transgender as gender identity disorder is an effective litigation strategy at
court
c. The court recognized transgenderism as a disability
d. Transgender is not an enumerated disability in the American Disability Act (ADA)
80. Canadian Seasonal Agricultural Workers are intitled to which of the following?
a. Workplace safety insurance compensation
b. Employment insurance
c. Employment portability rights
d. Pathway to permanent residency
81.What is the incorrect statement regarding race thinking?
a. Race thinking is inconsistent with pre-crime ideology of camp
b. Race thinking transitioned into racism with the scramble for Africa
c. Bureaucratization of race thinking is a strategy of accumulation
d. Race thinking is ideologically compatible with “orientalism”
82. Which of the following thinker is not associated with race thinking?
a. Marx
b. Hannah Arendt
c. David Goldberg
d. Erich Voegelin
83. Identify the incorrect statement regarding the Charkaoui v. Canada (2007)
a. The Supreme Court ruled that an accuse can appeal a security certificate once it is confirmed
b. The Supreme Court ruled security certificate procedures violate s. 7 of the Charter
c. The Supreme Court ruling led to the government creating special advocates to review secrete
evidence on behalf of the accuse
d. The Supreme Court did not rule the exceptional state of camp unconstitutional
84. Which of the following approach to law would regard legal consciousness as epiphenomenal?
a. Structural Marxist
b. Classical liberal
c. Legal pragmatist
d. All the above
85. Identify the incorrect statement regarding legal consciousness
a. B. Legal consciousness is a process by which social organizations and individual look the courts
to assign rights
b. Legal consciousness is a substantive instrument to pursue substantive justice
c. Legal consciousness strategy is a problem-solving approach to social change
d. To the extent that legal consciousness enshrines procedural justice and fair legal dealings it
serves as a cooptation strategy
86. Legal consciousness was the dominant strategy that the NAACP utilized to advance civil rights for
African Americans.
a. False
b. True
87. Under Title VI of the Civil Rights Act the government sued the southern States over their refusal to
implement desegregation in public schools.
a. False
b. True
88. According to Gerald Rosenberg which of the following is incorrect regarding Brown v. Board of
Education?
a. Brown effectively initiated a post-racial society
b. Brown demonstrated that the Court is powerless to effect substantive justice
c. The Southern Christian leadership Conference didn’t support litigation as a strategy for social
change
d. Brown is a classic example of rights been subordinated to politics and culture
89. Which of the following scenarios is considered deserving of the legal application of strict scrutiny?
a. Racial discrimination cases
b. Gender discrimination cases
c. The rite to vote cases
d. Sexual orientation cases
90. Which of the following countries denied undocumented immigrants and asylum seeks mobility
rights?
a. Canada
b. Germany
c. France
d. United States
91. Which of the following argument would a progressive critical legal theorist accept?
a. Brown v. Board of Education proves that court won rights can be nullified by politics
b. Brown v. Broad of Education is a testimony to the efficacy of litigation over social movements
c. Brown v. Board of Education demonstrate that when legal resources are efficaciously allocated
social change can come about
d. Legal outcomes such as Brown v. Broad of Education is not what social movements would strive
for
92. Identify the incorrect answer regarding transgender norms currently
a. Transgender is an umbrella term for a host of non-conforming gender identities
b. Transgender people are protected from discrimination by law in Canada
c. It is legal for transgender people to receive genital surgery in Ontario currently
d. Canada’s Human Rights Act has added the word transgender as a prohibited ground from
discrimination.
93. In the reading entitled “sex change, social change: Reflections and Identity and Institutions”, Viviane
Namaste would agree with which of the statements?
a. Cross coalition social movements rather than transgender identity politics are more effective
strategy for effecting radical social change
b. Embracing of a liberal rights consciousness strategy is more effective in decriminalizing the lives
of transgender people
c. Promoting equal rights for transgender police officers would improve substantive justice for
transgender people
d. Queer politics and theory have it right in privileging identity politics over social movements
activism is the way to effect real change
94. Most of the strategic litigations on the behalf of Canadians with disabilities have taken place under s.
7 of the Charter.
a. True
b. False
95. Which of the statements on public interest litigation (PIL) is incorrect?
a. PIL aims to protect state rights from being challenged by the Fourteenth Amendment
b. PIL aims to use the courts to achieve social change
c. PIL is consistent with rights consciousness movement
c. PIL rely more on cause-lawyers than on social movements for its efficacy
96. Which of the following is least relevant in understanding the dynamics of strategic litigation on
behave of the disable?
a. Resource mobilization theory
b. Political opportunity theory
c. Internal organizational discursive struggles
d. Discourse that treats disability as a medical problem
97. Identify the incorrect statement regarding the social model of disability
a. The social model frames disability as a social security issue
b. The social model frames disability as a human rights issue
c. The social model of disability is discursively a theory of agency
d. The social model push for adjustments in the able-bodied norm to accommodate the equal
rights and accessibility of persons with disabilities
98. Which of the following risks carries less weight for rights advocates for the disable?
a. Cost of litigation
b. Difficulty of gaining standing
c. Refusal of government to implement court rulings
d. The uncertainty of litigation outcomes
99. The risk for social movements adopting a PIL strategy is that if they lose in court the social justice
they are seeking will lose momentum and ultimately suffer defeat.
a. True
b. False
100. Identify the incorrect statement in regards the de-politicization of undocumented immigrants
It would make the process of recognition a technocratic process
It would make the process of belonging a legal and administrative process
It would make denying undocumented immigrants citizenship rights more politically feasible
It would make turning undocumented immigrants into an illegal problem that much harder
101. According to David Goldberg which of the following does modern race thinking draw from
a. Common origin
b. Rhetoric of descent
c. The citizen as Volk
d. All of them
102. Action framing theory as a litigation tool in disability cases is more of a legal strategy than it is a
discursive strategy.
a. False
b. True
103. In managing undocumented immigrants, and economic refugees in Bonn, Paris and Montreal which
of the following tools are not relied on?
a. Biopower
b. Governmentality
c. Nation state as a liberal open border
d. Normalized state of exception
104. If courts are willing to take substantive due process seriously. Which of the following statements Is
correct?
a. Undocumented immigrants can claim rights that are not enumerated in the constitution
b. Undocumented immigrants as long, as their formal due process rights were protected have no
further rights-based claim for equal protection
c. Illegal immigrants would be entitled to judicial hearing before they face refoulment
d. None of these statements is correct
105. Which of the following is not consistent with the ideology of “camp”?
a. Postnational thinking
b. A zone of liminality
c. A zone of extraterritoriality
d. A zone where the purpose of the law is to negate law
106. Identify the correct statement regarding the 14th Amendment
a. The 14th Amendment guarantees substantive due process
b. The 14th Amendment guarantees equal but separate doctrine
c. The 14th Amendment made de facto segregation illegal
d. none of the statements is correct
107. Rights consciousness movements as a litigation strategy for those groups who have historically
Never have rights should be defended because rights gained in courts for these groups inevitably
enjoy constitutional protection.
a. False
b. True
108. Identity the incorrect statement based on your learning, class discussions, and readings from PPAS
4070
a. CLS would not endorse the strategy of the NAACP for advancing the rights of people of colour
b. The transgender movement has learned from the civil rights movement that framing transgender as
a pre-social identity is more likely to be a wining court strategy
c. Adjudicative policy making can take place at the policy implementation stage of public policy making
d. Brown v. Board of Education proves that the Court can be effective in closing the gap between law
and the aspiration of social movements
