Understanding Social & Legal Structures: Tests & Answers
Classified in Law & Jurisprudence
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Test 9
Social and Political Concepts
- The Social State of Law: The social state of law guarantees respect for the law and ensures the welfare of its citizens.
- Early Human Social Forms: The first complex social forms were hunter-gatherer groups.
- Emergence of States: The first states emerged around 6000 BC, based on concentrated power in a single ruler.
- Early Democracy: The first model of democracy originated in Greece (5th century BC).
- Representative Democracies: In representative democracies, citizens delegate their power to elected representatives.
- Formal Democracy: "Formal democracy" refers to countries with a democratic structure, regardless of its effectiveness.
- Origin of "Right" and "Left": The terms "right" and "left" in politics originated in the 1792 French Constituent Assembly.
- Political Classifications: Conservative and Progressive are often associated with the Right and Left, respectively.
- Hobbes' Natural State: According to Hobbes, the natural state is characterized by the law of the strongest and absolute freedom.
- Locke and Rousseau's Social Contract: Locke and Rousseau believed the social state arises from a pact to fulfill needs and protect rights.
- Rousseau's General Will: Rousseau's "general will" represents the common interest of society, to which individual interests should be subordinate.
- Honesty: Honesty is a consistent alignment between one's thoughts and actions.
- Fair Trade: Fair trade involves business practices where all parties (producer, merchant, consumer, and environment) benefit fairly.
- Honest Manufacturer: An honest manufacturer does not deceive customers for financial gain.
- Political Corruption: Political corruption is the abuse of political power for personal benefit.
Test 10
Law, Justice, and Morality
- Positive Law: Positive law is the set of rules and regulations that govern relationships between people.
- Rational Basis of Law: Laws should be based on rational considerations and evaluated for their usefulness.
- Constitutional Rights: Constitutional rights are fundamental laws that define the scope and limits of other laws.
- Labor Law: Labor law regulates the relationship between employees and employers (contracts, working hours, obligations, etc.).
- Civil Law: Civil law governs relationships between citizens.
- Criminal Law: Criminal law deals with criminal offenses and their punishments.
- Division of Powers: Contemporary constitutions establish a division of powers: legislative, executive, and judicial.
- Spanish Constitution: The current Spanish Constitution was approved on December 6, 1978.
- Kant's Moral Autonomy: According to Kant, individuals have the autonomy to determine their own moral values.
- Moral Motivation: Kant believed that duty itself should motivate moral actions.
- Kant's Imperative: We should act according to the imperative of good will, considering whether our actions could be universally accepted.
- Heteronomy: Heteronomy, the opposite of autonomy, involves acting based on the dictates of others.
- Emotional Dimension of Justice: The emotional dimension of justice relates to our feelings about situations we perceive as fair or unfair.
- Social Dimension of Justice: The social dimension of justice encompasses the socially accepted rules that govern society.
- Institutional Dimension of Justice: The institutional dimension of justice refers to the role of institutions in upholding justice.
- Legal vs. Legitimate: The concept of "right" has a moral character, while the concept of "legal" has a socio-political character.