CJ-1200
Professor Williams
Assignment 2
9/6/13
1. The five functions of law in American society are :
1A-Law Bestows Benefits on People 1B-The law creates new programs
1C-The reflects society’s values
1D-Law prescribes certain activities
1E-Law provides predictabilities
2. Select one of the five functions of law. Give an example of how an interest group would use that function to promote its own special interest.
Homeowners who use contractor to complete repair to their homes are using the function “The Law Provides Predictabilities”, because the contract law provides homeowner with a level of assurance the repair will be completed.
3. Briefly explain why the dairy industry (a special interest group) successfully convinced Congress to place a 10 cents tax on oleomargarine that was colored to look like butter (see McCray v. United States, p. 3 in textbook).
The dairy industry was successful in convincing congress to add a 10 cents tax on oleomargarine because the dairy industry had more politically influent than the oleomargarine industry. 4. What are the three approaches to the nature of law? (Note: Name them only).
The three approaches to the nature of law are the positive law approach, sociological approach, and natural law approach.
5. How is natural law distinguished from man-made law?
Nature law is said to be from a higher being (God) and deals with things that morally wrong. Man-made laws are made by man does not have to be morally wrong like a parking in a no parking zone. 6. According to the authors, law is stripped of any moral overtones under the positive law approach and simply boils down what the majority wants. Give an example of a law that falls under this approach (even though some might feel it is morally wrong).
Plenty of people think that same-sex is morally wrong but the majority feels that it is not wrong this is an example of the positive law approach when the law is stripped of its moral overtone.
7.