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Comparative Study of Legal Systems and Cultural Ideals

This final exam focuses on analyzing the relationship between legal systems and cultural ideals throughout history. It includes questions regarding different cultures and their respective laws, norms, values, and assumptions. The exam also explores the interconnections between different societies and the impact of modernization on legal systems.

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Comparative Study of Legal Systems and Cultural Ideals

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  1. Final Exam • Open-note, not open book (no computers) • 12 short answer qs (2-4 sentence responses) • Idea oriented, not detail oriented • Allow limited choice (8/9 qs from lecture, 4/5 from readings) • Some reading qs directly from Boli & Lechner

  2. Three Levels of World Culture • Material: Products & forms (e.g., movies) • Ideal: Norms & values (e.g., liberty) • Ideal: Definitions & assumptions (e.g., “children”) • What exists, what existents can do, how existents interrelate

  3. More Interconnections: Internet Hosts 1992-2006

  4. Not Just Any World Culture… • MODERN • Rationalized (disenchanted) >interconnected, predictable, purposive >natural and social worlds organized in means-ends chains >oriented on progress, not tradition

  5. Not Just Any World Culture… • MODERN • Individualized Actorhood >action capacities located in human, not divine, beings >humans conceived in terms of individual, not corporate, bodies

  6. Not Just Any World Culture… • MODERN • Universalized >constitutive features of reality and rules by which they operate are same everywhere >human individuals are same everywhere (and thus fundamentally equal)

  7. By contrast, Deuteronomy 21… • When thou goest forth to war against thine enemies, and the LORD thy God hath delivered them into thine hands, and thou hast taken them captive, and seest among the captives a beautiful woman, and hast a desire unto her, that thou wouldest have her to thy wife; then thou shalt bring her home to thine house; and she shall shave her head, and pare her nails; and she shall put the raiment of her captivity from off her, and shall remain in thine house, and bewail her father and her mother a full month: and after that thou shalt go in unto her, and be her husband, and she shall be thy wife. And it shall be, if thou have no delight in her, then thou shalt let her go whither she will; but thou shalt not sell her at all for money, thou shalt not make merchandise of her, because thou hast humbled her.

  8. By contrast, Deuteronomy 21… • If a man have two wives, one beloved, and another hated, and they have borne him children, both the beloved and the hated; and if the firstborn son be hers that was hated: then it shall be, when he maketh his sons to inherit that which he hath, that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn: but he shall acknowledge the son of the hated for the firstborn, by giving him a double portion of all that he hath: for he is the beginning of his strength; the right of the firstborn is his.

  9. By contrast, Deuteronomy 21… • If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them: then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place; and they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard.  And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear.

  10. By contrast, Deuteronomy 21… • And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang him on a tree: his body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; (for he that is hanged is accursed of God;) that thy land be not defiled, which the LORD thy God giveth thee for an inheritance.

  11. By contrast, during Zhou Dynasty (1122-255 BC)…(Chang 1947) • special considerations from judicial authorities were given to: • The emperor’s family • Persons with old relationships to government • Virtuous men • Men of ability • Men of deeds • Men of noble rank • Men of diligence • Guests of the country

  12. By contrast, Article 162 of Laos Penal Code (to at least 1964)… Anyone who…rapes a married woman, will be punished with penal labor for 5 to 10 years and a fine….The guilty will be condemned in addition to pay damages to the offended husband according to the following scale. If the husband is: -king…10,000 -heir to the throne…6,000 -1st prince…4,000 -2nd prince…3,500 -3rd prince…3,000 -division chief…2,000 -official…1,600 -Phouxounei Samien…1,200 -any other agent…1,000 -a man of the people…800

  13. By contrast, during Xia Dynasty (2205-1766 BC)… (Chang 1947) • Criminal punishments included: • Exterminating entire family to fourth generation ascendant and descendant • Burning subordinate officials • Peeling skin of pregnant women • Mashing and mixing into paste the flesh of killed criminals • Drying and pressing the flesh of killed criminals

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