Quiz: Historical and Anthropological
Jurisprudence
Due Apr 24 at 11:59pm
Points 20
Questions 20
Time Limit 45 Minutes
Instructions
The quiz:
Covers the material from Learn Module 5: Week 5.
Contains questions.20 multiple-choice and true/false
Is to .limited 45 minutes
Allows .1 attempt
Is .worth 20 points
Submit this assignment by 11:59 p.m. (ET) on Monday of Module 5: Week 5.
Attempt History
Attempt Time Score
LATEST Attempt 1 7 minutes 17 out of 20
Correct answers are hidden.
Score for this quiz: out of 2017
Submitted Apr 24 at 5:40pm
This attempt took 7 minutes.
Question 1
1 / 1 pts
Critics of Savigny nevertheless agree with his assessment of legislation. The legislature
is the perfect place to unite multiple voices.
True
False
Critics of Savigny say that he undervalues the role of legislation and thus do not agree
with his assessment.
Question 2
1 / 1 pts
Perhaps the biggest criticism of Maine is that he was too elitist. He had an elitist
perspective and gave the elite credit for social progress.
True
False
Question 3
1 / 1 pts
Anthropological jurisprudence is the cross-cultural study of social order, particularly in
pre- or proto-law societies.
True
False
Question 4
1 / 1 pts
Like Kelsen, Holmes would reject the intrusion of anthropology into the analytical study
of law.
True
False
Holmes saw the study of law as a natural path to anthropology.
Question 5
1 / 1 pts
Historical jurisprudence is synonymous with sociological jurisprudence.
True
False
Historical jurisprudence seeks to study the development of law through time and apply
any lessons learned. Sociological jurisprudence is concerned with the present and
future.
Question 6
1 / 1 pts
Savigny absolutely opposed legislation as a Volkgeist killer.
True
False
Savigny believe legislation was inferior but could still express the Volkgeist.
IncorrectQuestion 7
0 / 1 pts
Anthropological jurists are legal positivists who may study custom but refuse to call
custom law.
True
False
Anthropological law has a broad view of law that includes social custom.
Question 8
1 / 1 pts
Bohannon is known for his “double institutionalization” concept.
True
False
Question 9
1 / 1 pts
Some critics of Savigny say his Volkgeist and “common consciousness” are too
monolithic and fail to take into account the marginalized.
True
False
Question 10
1 / 1 pts
Savigny was a Romanticist who believed law was located in the Grundnorm.
True
False
The Volkgeist or people’s spirit was the source of law for Savigny. Grundnorm is
Kelsen’s concept.
Question 11
1 / 1 pts
Major contributors to historical jurisprudence include Foucault and Ross.
True
False
Savigny and Sir Maine are the top two contributors to the historical school of
jurisprudence.
Question 12
1 / 1 pts
Savigny said law is not arbitrary but a reflection of the “common consciousness”.
True
False
Question 13
1 / 1 pts
Malinowski said primitive societies are stagnant and lack any kind of civil order.
True
False
Malinowski said primitive societies are not stagnant and do possess criminal and civil
regulation and order.
Question 14
1 / 1 pts
Bohannon studied the Tiv people of Nigeria.
True
False
Question 15
1 / 1 pts
Like historical jurisprudence, anthropological jurisprudence assumes evolution and
therefore is of no value to a Christian.
True
False
While a Christian jurist ought to beware of the presuppositions, history and anthropology
can provide valuable insights.
Question 16
1 / 1 pts
Gluckman’s conclusions about the Lozi were universally accepted.
True
False
Gluckman was accused of exaggerating his claims and the Lozi were thought to have
been influenced by Western legal practices.
Question 17
1 / 1 pts
Holmes was a legal realist who saw law as a great anthropological document.
True
False
IncorrectQuestion 18
0 / 1 pts
Malinowski discovered a system of “law” based on reciprocity, cessation of reciprocity,
and finally ostracism for the recalcitrant.
True
False
IncorrectQuestion 19
0 / 1 pts
Savigny applauded Bentham’s call for codification.
True
False
Codification would freeze the Volkgeist and thus Savigny opposed it.
Question 20
1 / 1 pts
The colonial imposition of law onto the original native system is a good example of legal
pluralism.
True
False
Quiz Score: out of 2017
