Unit I · UGC NET Law PYQJurisprudence

Ans. (a) : John Austin

Explanation: John Austin (1790–1859) is considered the father of the analytical school of thought. Austin was a disciple of Bentham. He propounded law as a command of the sovereign and as positive law.

Ans. (b) : W. Friedman

Explanation: W. Friedman's book is Legal Theory and Kelsen's pure theory of law was published in Law Quarterly Review. Bentham's book is "The Introduction to Principles of Morals and Legislation." The theory propounded by Roscoe Pound — Social Engineering — was propounded in his book Law and Morals.

Ans. (c) : A-2, B-3, C-4, D-1

Explanation: (a) Retributive theory — Punishment (b) Immemorial Antiquity — Custom (c) Ground norm — Hans Kelsen (d) Locus Standi — Public Interest Litigation

Ans. (b) : W. Friedman

Explanation: The term 'Legal theory' was coined by W. Friedman. He first used this term in 1945 in his work 'Legal Theory'.

Ans. (d) : Animus and corpus are necessary for the acquisition or commencement of possession

Explanation: Both Animus and Corpus are necessary for the acquisition or commencement of possession.

Ans. (c) : Lewellyn

Explanation: Karl Llewellyn, who was an American legal realist, while defining jurisprudence used these words that "Jurisprudence is as big as law and bigger."

Ans. (d) : (A) is false, but (R) is true

Explanation: In Harprasad v. Shivdayal (1876) Indian Appeal 259, the Privy Council while defining custom said that a custom is a rule which a particular family or particular district has adopted by reason of its long usage has obtained the force of law. When custom acquires the force of law it becomes a rule. Characteristics or elements of custom — (1) Custom should be reasonable. (2) Custom should be ancient. (3) Custom must have been exercised as a right. (4) Custom must not be against law. (5) Custom must not be immoral.

Ans. (d) : W. Friedman

Explanation: The term 'Legal theory' was first used by W. Friedman. He was the first to use the term legal philosophy and named his book Legal Theory. Legal theory's supporters believe that the development of jurisprudence is based on legal research, systems and professional education.

Ans. (d) : Legal and equitable ownership

Explanation: On the basis of the nature of the thing and the nature of rights inherent in it, ownership is classified as follows — (1) Corporeal and incorporeal ownership (2) Vested and contingent ownership (3) Full and limited ownership (4) Sole and co-ownership (5) Legal and equitable ownership (6) Trust and beneficial ownership

Ans. (c) : A-1, B-3, C-4, D-2

Explanation: Enacted law originates from legislation, case law from precedent, customary law from custom, and conventional law from agreement.

Ans. (b) : Salmond

Explanation: According to Salmond — case law is gold in the mine, a few grains of precious metal in tons of useless matter, while statute law is the coin of the state which is ready for immediate use.

Ans. (a) : Divine sources and human sources

Explanation: The sources of law are divided into 2 classes — (1) Divine sources, such as Shruti, Quran, Bible etc. (2) Human sources, such as custom, legislation, precedent etc.

Ans. (d) :

Explanation: (a) "Law properly so-called/which is distinct from morals" is related to the concept of law. (b) "Law improperly so-called/other laws" is also related to the concept of law. (c) 'Audi alteram partem' is related to the rule of natural justice. (d) "Conspectus of justice" is related to the process of justice, not to denial of justice.

Ans. (d) : Correct matching — (a) Sie Utere Tero ut Alierum nan Lidas — To use your own property in such a way as not to injure the rights of neighbours. (b) Re Legitima Portis — A person cannot dispose of his entire property. (c) Jus Turtii — To set up title of a third person other than the plaintiff or himself. (d) Nee vi nee calur precario — To show adverse possession to the competitor.

Ans. (d) : Animus and Corpus are necessary for the acquisition or commencement of possession

Explanation: It is true that for the acquisition or commencement of possession, both intention and complete property are necessary. The concept of possession adequately helps in properly understanding ownership, rights and property related rights under law.

Which of the following statements is true? 1. 2. 3. 4.

Ans. (a) : Holland

Explanation: Famous jurist Holland gave the following definition of jurisprudence — "Jurisprudence is the formal science of positive law."

Ans. (d) : Possession once lost cannot be regained

Explanation: The following true statements are about possession — (1) Possession is the nine points of law. (2) Possession is evidence of ownership. (3) Possession is protected until someone else presents a better title.

Ans. (c) : concepts like morality, justice and ethics

Explanation: Legal Theory is based on concepts like morality, justice and ethics. The views related to legal theory are connected on one side to logic and on the other to political principles. Plato, Aristotle, Holmes etc. have made major contributions to the development of legal theory.

Ans. (b) : Hugo Grotius

Explanation: Hugo Grotius separated jurisprudence from religion. Grotius was associated with the ethical school of jurisprudence. He was a resident of Holland. He was the proponent of social contract theory.

Ans. (a) : 1, 3, 4

Explanation: The following true statements are —

1. Statements which are not part of ratio decidendi can be ignored while deciding the latter case.

2. Only that part of a previous judgment is binding which is the ratio decidendi of that case.

3. A judicial decision has binding force for subsequent cases but the complete judgment is not binding, only a part of it is binding. Article 129 of the Indian Constitution is related to courts of record. And under Article 141, the law declared by the Supreme Court is binding on all courts in India.

Ans. (d) : Salmond

Explanation: Salmond said that case law is gold in the mine, a few grains of precious metal in tons of useless matter, while statute law is the coin ready for immediate use. Salmond was associated with the analytical school. Austin and Kelsen are also associated with this school. Ihering is connected to the sociological school.

Ans. (c) : 1, 2 and 3

Explanation: True statements — (1) There is no rule to determine when usage becomes custom, it is preceded by custom. (2) Customary rules of international law are diminishing and treaties and conventions are replacing them. (3) Treaty contracts are not a direct source of international law.

Ans. (b) : Both (A) and (R) are true and (R) is the correct explanation of (A)

Explanation: Among the main sources of Hindu law, Shrutis and Smritis occupy the highest place. The word Shruti is derived from the root 'Shru' which means 'to hear'. The meaning of Smritis is that which is remembered. Shrutis are considered as the voice of God. Shrutis and Smritis are considered ancient, timeless and eternal.

Ans. (d) :

Explanation: Kelsen and Austin's views on law are close to each other, but Kelsen based his method on Kant, while Austin's analytical method was based on utilitarianism, yet a great deal of effort was made by Austin and Kelsen to rescue jurisprudence from the so-called confusion of social sciences. Savigny, following natural law, did not accept moral authority behind law as the real force of law — the real force behind law is social pressure.

Ans. (d) : Ronald Dworkin

Explanation: The first coiner of the term Legal Theory is Ronald Dworkin, whose famous book is Natural Law's Empire.

Ans. (c) :

Explanation: The essential elements of an exemplary custom are as follows — 1. 2. 3. 4. 5. 6. 7. 8.

Immemorial usage Continuity Peaceful enjoyment Compulsory force Certainty Consistency

Reasonableness Conformity with statutes

Ans. (a) : Both (A) and (R) are true and (R) is the correct explanation of (A)

Explanation: Custom precedes legislation and therefore is superior to it, and legislation should be in accordance with the principles of custom. This is a principle associated with the historical school, which is a source of law.

Ans. (a) : Salmond

Explanation: Salmond while defining law said — "We must openly admit that precedent makes law as well as declares it. Original precedents are the outcome of the international exercise by the courts of their privileges of developing the law at the same time that they administer it."

Ans. (d) : Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule

Explanation: According to Hart, the proponent of the analytical school, the key to the science of jurisprudence is the system of primary and secondary rules. Both primary and supporting rules combine to clarify the nature of law and provide the key to the science of jurisprudence. Hart's special contribution in the post-modernist school is the rule of recognition. He says that the rule of recognition is found in all legal systems because on this basis it is ensured which law is which. In a legal system, the rule of recognition is the only rule whose obligatory force depends on its acceptance.

Ans. (a) : Analytical jurisprudence

Explanation: The analytical school of jurisprudence propounds this doctrine that there is a clear division between the spheres of the legislature and judiciary, and the legislature makes the law and the judiciary applies it. The famous jurists of the analytical school are Austin, Bentham, Kelsen etc.

Ans. (b) : Bengal Immunity Company Ltd. v. State of Bihar

Explanation: In the Bengal Immunity Company Limited v. State of Bihar case, it was observed by the Supreme Court that precedent should not be petrified and judicial dicta should not be divorced from the socio-economic morals of the age.

Ans. (d) : Salmond

Explanation: Salmond divided the sources of law into formal sources and material sources. Salmond while defining jurisprudence said that "Jurisprudence is the science of the first principles of civil law and it is civil and civil law."

Ans. (b) : the conclusion reached by the judge on the basis of the material facts of the case

Explanation: According to Professor Goodhart, the ratio decidendi of a case is the conclusion reached by the judge on the basis of the material facts of the case.

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Ans. (d) :

Explanation: According to Austin — law made by legislation reflects the sovereign power of the state and it is directly made. While precedent is a result of decisions given by judicial courts or of interpolation.

Ans. (c) : Savigny

Explanation: Savigny was associated with the historical school of jurisprudence. This statement belongs to Savigny that customs are superior to legislation. Therefore legislation should not abrogate customs but rather include them in the common consciousness of society and people.

Ans. (d) : Julius Stone

Explanation: Jurist Julius Stone defined jurisprudence as the lawyer's extraversion — it is the lawyer's examination of the precepts, ideals and techniques of law in the light derived from present knowledge in disciplines other than law.

Ans. (b) : Arguments submitted with reason

Explanation: The liberam arbitrium of courts depends on what is right, just, equitable or reasonable and it depends on arguments submitted with reason.

Ans. (a) : Rationalise legal sanctions

Explanation: Obiter dicta is such a declaration of law that is not a part of ratio decidendi. It is called obiter dicta and it does not have binding force. When courts, in the flow of their reasoning, propound such a principle which they do not consider the basis of any particular decision, such propounding takes the form of obiter dicta.

Ans. (d) : All of the above

Explanation: Statement of law applied to legal problems disclosed by facts, findings of material facts based on earlier case law, and the rule of law which others regard as being of binding authority — all are included in the definition of ratio decidendi.

Ans. (a) : In Jurisprudence we are concerned to derive rules from authority and apply them to problems

Explanation: The concern of jurisprudence is as follows —

1. To reflect on the nature of valid legal rules.

2. The underlying meaning of valid concepts, and

3. The essential features of legal systems.

Ans. (d) : Only 1 and 2

Explanation: For any custom to be considered a valid source of law, it is necessary that it be reasonable, ancient, in conformity with law, and observed as a right.

Ans. (a) : Both (A) and (R) are true and (R) is the correct explanation of (A)

Explanation: Since an 'authoritative precedent' derives its authenticity from the basic postulate element of the legal system, therefore judges must generally follow authoritative precedents. Thus it is clear that both (R) and (A) are true and (R) is the correct explanation of (A).

Ans. (c) : Allen

Explanation: C.K. Allen stated the difference between judicial and legislative creativity that "the creative power of the court is limited by existing legal material at their command. They find the material and shape it. The legislature may manufacture entirely new material." Kelsen is associated with the pure theory of law. Blackstone is associated with the declaratory theory of precedent. According to Bentham — any kind of law making is called legislation.

Ans. (b) : Jurist — Definition of Jurisprudence (A) Ulpain — Jurisprudence is a science of just and unjust. (B) Salmond — Jurisprudence is the science of the first principle of civil law. (C) Cicero — Jurisprudence is the philosophical aspect of knowledge of law. (D) Gray — Jurisprudence is in truth no more a formal science than physiology.

Ans. (d) : The following elements are necessary for a custom to be valid and operative as a source of law: (1) Reasonableness (2) Conformity with statute law (3) Immemorial antiquity (4) Certainty (5) Peaceable enjoyment as of right (6) Should be in consonance with morality (7) Should not be immoral (8) Compulsory force

Ans. (a) : Theory — Associated Jurist Inner Morality — Fuller Concept of Living Law — Ehrlich Organic Concept of Society — Compte Gradual and Organic Process — Burke

Ans. (a) : The legislature is capable of breaking the corporate mentality as a large weapon and corporate personality cannot be used as a shield to harm national interest.

Ans. (c) : Cardozo made this statement that "I think adherence to precedent should be the rule and not the exception."

Ans. (d) : According to Article 141 of the Indian Constitution, law declared by the Supreme Court shall be binding on all courts within the territory of India; it is clear from this provision that precedent has its basis under Article 141 of the Constitution of India.

Ans. (a) : Judges must follow their precedents while applying them to current cases. Such a system is also embedded in Article 141 of the Constitution. Because authoritative precedents derive their authority from the basic foundational elements of the legal system itself. Therefore both A and R are correct and R is the correct explanation of A.

Ans. (b) : Holland described jurisprudence as the formal science of actual law. Taking a practical approach to this subject, he defined jurisprudence as the formal science of law related to prevalent rules and ideas. His view is that jurisprudence has more to do with human behaviour governed by rules of law rather than material rules.

Ans. (d) : In Bengal Immunity Company Ltd. v. State of Bihar (1955 SC), the Supreme Court held that the law declared under Article 141 by the Supreme Court is binding on all lower courts but the Supreme Court itself is not bound by its own decisions.

Ans. (b) : The following conditions are necessary for a custom to acquire the force of law: Antiquity, Reasonableness, Continuity, Conformity with valid laws, Must be in practice. Therefore both A and R are correct but R is not the correct explanation of A. In the case of Har Prasad v. Shivdayal, the Privy Council defining custom said that custom is a rule which, by long usage in a particular family or area or subject matter, acquires the force of law.

Ans. (d) : Ulpian defined jurisprudence as the knowledge of things divine and human, the science of right and wrong.

Ans. (c) : The following can be considered as advantages of legislation over precedent: 1. 2. 3. 4.

Abrogative capability Fore knowledge Prospective application Systematic arrangement

Therefore all options are correct.

Ans. (c) : The famous jurist Salmond defined jurisprudence as a formal science of positive law. Salmond was associated with the analytical school.

Ans. (b) : Friedman's statement is that "legal theory is linked at one end with philosophy and at the other end with political theory."

Ans. (c) : The following conditions are essential for a custom to be valid: (1) Antiquity, (2) Continuity,

Ans. (b) : According to the jurist Gray, the real relation of jurisprudence to law does not depend on what law is treated as but depends on how it is treated.

Ans. (d) : According to Positivists, laws enacted by appropriate legislative authority are binding. Positivists base their views on the actual practice of states; in their view Treaties and Custom are the main sources of international law.

Ans. (c) : John Salmond divided the sources of law into two categories: (1) Formal sources (2) Material sources Formal sources — those sources from which law derives its force or validity. Material sources — those sources from which legal subject matter is obtained.

Ans. (a) : Salmond's statement is that common law is essentially judge-made law. That is, until the practices prevailing in courts are accepted, they cannot be called law. Whereas Pollock's statement is that common law is customary law, i.e. it is based on customs.

Ans. (c) : Keeton C.G. said that jurisprudence is the study and systematic arrangement of the general principles of law.

Ans. (a) : Duguit determined that the only right which every person can possess is the right always to do his duty. Roscoe Pound said that law is Social Engineering. The utilitarian theory of legal philosophy was propounded by Bentham. Social solidarity is a sociological school propounded by the jurist Duguit.

Ans. (a) : The jurist Keeton classified the sources of law as follows: (a) Binding (b) Persuasive

Ans. (a) : Dicey stated that a large part of the law of England and many other laws would be added to it and this is judge-made law. That is, it contains those rules which are collected from the judgements of the courts.

Answer: (c) (1), (2), (5), (4), (3)

Answer: (a) Both Statement I and Statement II are correct I II

Answer: (b) Both A and R are correct and R is not the correct explanation of A

Answer: no single key (NTA dropped this question or changed its answer key)

Answer: (a) Both (A) and (R) are correct and (R) is the correct explanation of (A)

Answer: (b) Romans

Answer: (c) A, B, D only

Explanation: Legal theory serves to define law, analyze legal concepts, and explain the framework of a legal system. The claim that it has no practical value is incorrect; legal theory is fundamental to understanding law’s application.

Answer: (b) Mimansa

Answer: (a) Salmond

Answer: (c) Salmond

Explanation: Sir John William Salmond defined jurisprudence in its specific sense as: "The Science of the first principles of the Civil Law."

• Civil Law: Law of the land applied by courts in the administration of justice.

• First Principles: The fundamental, foundational concepts underlying legal systems (e.g., rights, duties, ownership, possession, liability).

Ans. (b) : John Austin

Explanation: John Austin is considered the father of English jurisprudence. Austin said that law is a command of the sovereign. That is, it is an order given by a politically superior person to his political inferiors, which we call a command of the sovereign.

Ans. (c) : A-1, B-4, C-3, D-2

Explanation: The correct matching of List-I with List-II is as follows — A juristic person is of two kinds: Universities bonorum and universitas personorum — Custom The ground of right is hobby not will — Ihering Obligatory force — Prof. Tay Possession means present control of a thing on one's own behalf and to exclusion of all others — Holland

Ans. (c) : Bentham

Explanation: Bentham was a critic of the theory of natural law. He based his views on law on utilitarianism. Utilitarianism is a theory or principle of ethics in which it is stated that what is useful is best; therefore social, economic and political principles and policies should be determined on the basis of the principle of utilitarianism. Kelsen's pure norm theory. Heineman's book is Ancient Law. Julius Stone defines jurisprudence as the lawyer's extraversion of the multitude.

Ans. (b) : Sociological theory

Explanation: The emergence of the sociological school of thought is the biggest and most important achievement in the field of law in the present era. Its supporters include Bentham, Kant, Ihering, Duguit, Roscoe Pound etc. The main characteristics of the sociological school of thought are — (i) This school of thought gives special emphasis on the functions of law rather than its abstract principles. (ii) Law is a means of social progress.

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Ans. (d) : Post-modernist philosopher

Explanation: H.L.A. Hart is a post-modernist philosopher. His major work is The Concept of Law. He explained his legal principles through the rules of conduct.

Ans. (d) : A-3, B-4, C-2, D-1

Explanation: (a) The general will theory — Rousseau (b) Justice as common good — Finnis (c) Law as a means to achieve social ends — Ihering (d) Grundnorm theory — Kelsen

Ans. (c) : III, II, IV, and I

Explanation: The chronological order of appearance of these jurists is as follows — (1) Rawls (2) Stammler (3) Jerome Hall (4) Morris

Ans. (a) : I, II and IV are correct

Explanation: The central point of Kelsen's pure theory of law is the exposition of norms. He considered legal order as a pyramid of norms. Kelsen derives the validity of all norms, basic norm, from the basic norm itself, Kelsen assumed the basic norm as a preliminary hypothesis.

Ans. (b) : Social fact

Explanation: According to Joseph Raz, law is a social fact.

Ans. (c) : A-2, B-1, C-4, D-3

Explanation: (A) Minimum content of law — Hart (B) Inner Morality of law — Fuller (C) Law with a variable content — Stammler (D) Law is a phenomenon of civilization — Koher

Ans. (b) : IV, I, III and II

Explanation: The chronological order of jurists associated with sociological jurisprudence and sociology of law is as follows — (i) Ihering (ii) Max Weber (iii) Ehrlich (iv) Duguit

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Ans. (a) : Jeremy Bentham

Explanation: 'Limits of Jurisprudence Defined' is a work of Jeremy Bentham. John Austin's work is 'The Province of Jurisprudence Determined'. Holland's work is 'Elements of Jurisprudence'. H.L.A. Hart's work is 'Rule of Recognition'.

Ans. (a) : Union of primary and secondary rules

Explanation: H.L.A. Hart considers law to be a union of primary and secondary (subsidiary) rules. Hart has sharply criticized Austin's imperative theory of law in his book 'Concept of Law'.

Ans. (b) : Four Classes

Explanation: Natural law theory is broadly divided into four parts which are as follows — (1) Authoritarian and Individualistic (2) Progressive and Conservative (3) Religious and Rationalistic (4) Absolute and Relative

Ans. (b) : Duguit

Explanation: Jurist Duguit of the sociological school propounded the principle of social solidarity. According to him, all human activities should be directed towards mutual cooperation. His concept is based on the legal philosophy of Comte and Durkheim.

Ans. (c) : 'Pure Theory of Law'

Explanation: The Vienna School of law is known as the Pure Theory of Law (Vishudh Vidhi Siddhant). Its founder is Kelsen.

Ans. (d) : Barker

Explanation: Sir Ernest Barker observed and said that "Rousseau is a Janus like figure in the history of natural law."

Ans. (a) : A-2, B-4, C-3, D-1

Explanation: (A) Acquinas — Spirit of people (B) Pound — Reason and will in law (C) Kelsen — Ground norm (Grund norm) (D) Savigny — Jural postulates

Ans. (*) :

Explanation: Book — Author Law in a changing society — Friedmann Human Law and Human Justice — Julius Stone The morality of law — Fuller Ancient law — Sir Henry Maine

Ans. (d) : Philosophical

Explanation: It is a characteristic of the philosophical school of jurisprudence that it considers human reason to be more powerful and capable. It believes that to a great extent practical reality is shaped by practical thought and is built by generated thought. This school of thought is also known as German pre-empirical (pre-experiential) idealism.

Ans. (d) : (a) and (b) both

Explanation: According to Bentham's definition of law, the six main elements of law are — (1) Law is an assembling of signs. (2) It is indicative of volition. (3) It is conceived or adopted by a sovereign. (4) It is related to conduct to be observed by those who are subject to the sovereign's power. (5) It is expressed on the basis of belief in certain possible determined future events arising from the declaration of will. (6) Their desired motive will work as their intention whose conduct is in question.

Ans. (a) : Both (A) and (R) are true and (R) is the correct explanation of (A)

Explanation: Kelsen follows Kant. Kant in his books Critique of Pure Reason and Metaphysics of Morals propounded his theory and expressed the view that the science of law can only describe law on the basis of some pre-assumptions. In his legal philosophy the distinction between law as it 'is' and law as it 'ought to be' was made. Kelsen is considered the forerunner of the philosophical school therefore both assertion A and reason R are true and R is the correct explanation of A.

Ans. (a) : Roscoe Pound

Explanation: "Jurisprudence is concerned primarily with the effects of law upon society and only to a lesser extent with questions about the social determination of law." The above statement is of Dean Roscoe Pound, the proponent of the sociological school of jurisprudence.

Ans. (c) : Grotius

Explanation: True law is that which in the right sense is in agreement with nature — this statement belongs to Hugo Grotius, the leading jurist of the natural law school of thought.

Ans. (a) : Salmond

Explanation: Jurist Salmond emphasized that we cannot understand a thing until we study what it does.

Ans. (b) : Ihering

Explanation: The leading jurist Ihering of the sociological school of jurisprudence while defining law said that "law is the sum of the conditions of social life in the widest sense of the term, as secured and enforced by the external power of the state." Thus this statement belongs to Ihering.

Ans. (a) : Analytical Jurisprudence

Explanation: According to the analytical school of jurisprudence — "the purpose of jurisprudence is to analyse and dissect the law of the land as it exists today." The leading jurists are Austin, Bentham, Salmond, Kelsen, Hart.

Ans. (c) : Savigny's theory

Explanation: Savigny was the proponent of the historical school of thought. According to Savigny's theory, law in its nature is not universal; like language it also varies with people and age. According to the historical school, law is found not made.

Ans. (d) : Harold Laski

Explanation: According to Harold Laski, who was a British political thinker and economist, the pure theory of law is an exercise in logic and not life. The proponent of the pure theory of law is Savigny.

Ans. (b) : Ehrlich

Explanation: Ehrlich is a leading sociological jurist of Austria. According to him, law is derived from social facts and is not dependent on the authority of states but is based on social compulsions.

Ans. (d) : Kelsen

Explanation: Famous jurist Kelsen propounded the hypothesis of Grand norm i.e. the basic norm. Kelsen is associated with the analytical school.

Ans. (a) : Retributive theory of punishment

Explanation: Immanuel Kant is the proponent of the retributive theory of punishment. He was associated with natural law and was a resident of Germany.

Ans. (a) : Auguste Comte

Explanation: The word 'Sociology' was first used by Auguste Comte (1786–1857). Comte was the first person to define the study of social science as a science.

Ans. (b) : Austin

Explanation: Austin is associated with the analytical school of jurisprudence. He is the father of English jurisprudence. According to him sovereignty must be determinate, it is essential, is indivisible and is unlimited and illimitable. 'Command of the sovereign' is associated with him.

Ans. (a) : Realist school

Explanation: The Realist school does not believe in dogmatic formulation but concentrates on the decisions of courts. O.W. Holmes is called the spiritual guru of the realist school. He is associated with the realist school. The credit for developing the realist school goes to jurist Jerome Frank.

Ans. (c) : Roman Law

Explanation: These are Roman law terms — Jus civile (Latin term) means — civil law Jus gentium (Latin term) means — law of nations Jus naturale (Latin term) means — natural law

Ans. (d) : A-4, B-3, C-1, D-2

Explanation: Correct matching — A. Ancient theories — Socrates, Aristotle and Plato B. Modern theories — Stamler and Kohler C. Renaissance theories — Grotius, Hobbes and Locke D. Medieval theories — Thomas Acquinas

Ans. (c) : Salmond

Explanation: Salmond was associated with the analytical school. He said that law is without doubt a remedy for greater evil, yet it brings with it evils of its own.

Ans. (a) : A-1, B-2, C-3, D-4

Explanation: Correct matching — (A) Pure theory of law — Hans Kelsen (B) Three lectures on Vedanta philosophy — Max Muller (C) Judiciary attacks and survivals — Justice V.D. Tulzapurkar (D) The growth of law — Justice Cardozo

Ans. (c) : A-2, B-1, C-4, D-3

Explanation: (a) Minimum content of law — Hart (b) Inner morality of law — Fuller (c) Law with variable content — Stammler (d) Law as a phenomenon of civilization — Kohler

Ans. (c) : Sociological School

Explanation: Paton called the sociological school the functional branch. The emergence of the sociological school is the biggest achievement in the field of law in the present era. This school, by placing maximum emphasis on the social aspect, supported the functional nature of law.

Ans. (d) : That people will cause injury to others during their course of work

Explanation: That people will cause injury to others during their course of work — this is not a jural postulate of the legal system of society as propounded by Roscoe Pound. Therefore in a civilized society people cannot assume this. Roscoe Pound was an American jurist and was associated with the sociological school. He propounded the theory of social engineering. He said that the function of law is to establish balance between two mutually opposing interests.

Ans. (d) : Holland

Explanation: Hegel, Kant and Puchta are among the proponents of the philosophical school, while Holland is associated with the analytical school of jurisprudence.

Ans. (a) : Bentham

Explanation: Bentham wrote 'The Limits of Jurisprudence Defined' in 1782 which was published in 1945. Austin's analytical school of jurisprudence was influenced by Bentham. According to Bentham, law is a fictitious entity, which is made up of a collection of individual laws.

Ans. (c) : Henry Maine

Explanation: Famous jurist Henry Maine did not associate his theory of state with the theory of 'Social Contract'. Locke, Hobbes and Rousseau had associated it with the social contract theory. Henry Maine is associated with the historical school of jurisprudence. He propounded the principle of movement from status to contract.

Ans. (c) : Hart

Explanation: Professor Hart may be regarded as the leading contemporary representative of British Positivism. He is the leading jurist of the analytical school.

Ans. (d) : A-3, B-4, C-1, D-2

Explanation: Correct matching — Social solidarity — Duguit Social utilitarian — Ihering Social engineering — Roscoe Pound Social contract — Grotius

Ans. (a) : A-4, B-3, C-1, D-2

Explanation: Correct matching — (a) No one has any other duty than always to do his duty — Puchta (b) Right is power over an object — Duguit (c) Legal right means capacity to control acts of another — Gray (d) Right is not the interest by itself but a means to secure enjoyment of interest — Holland

Ans. (b) : Holmes

Explanation: According to Holmes, the leading jurist of the realist school of jurisprudence — "law is not logic but experience." His views are based on experience. Therefore the influence of those different elements and experiential circumstances falls on the law.

Ans. (b) : Roscoe Pound

Explanation: Dean Roscoe Pound, the leading jurist of the sociological school, gave the theory of social engineering. According to him the main task of social engineering is to build as efficient a structure of society as possible with minimum friction and waste.

Ans. (b) : Physical, Political, Moral and Religious

Explanation: Bentham was a critic of the principle of natural law and gave birth to the theory of utilitarianism. Bentham considered physical, political, moral and religious as necessary for pleasure and pain. Therefore option (b) is correct.

Ans. (b) : Their uncertainty, static and inefficiency

Explanation: The three defects enumerated by Hart in the simple social structure of primary rules are their uncertainty, rigidity and inefficiency.

Ans. (a) : A-4, B-1, C-3, D-2

Explanation: (a) The Concept of Law — H.L.A. Hart (b) The Nature and Sources of Law — Gray (c) Some Reflections on Jurisprudence — Buckland (d) The Province and Function of Law — Julius Stone

Ans. (b) : A-2, B-3, C-1, D-4

Explanation: Correct matching — Interest theory of legal rights — Ihering Realist theory of corporate personality — Gierke Doctrine of social solidarity — Duguit Doctrine of social engineering — Pound

Ans. (a) : antithesis of normative notion of law

Explanation: The positivist methodology of studying law is essentially the antithesis of the normative notion of law. Positivism is that scientific method which considers only that knowledge as reliable and authentic which is obtained through the senses. Comte's statement is that "any thing can be positive only when it can be proved through sensory knowledge."

Ans. (d) : Contemporary Social Institutions

Explanation: The sociological school of jurisprudence is chiefly concerned with the relations of law to contemporary social institutions. According to the sociological school, the study of jurisprudence should be done in such a method that the mutual relations and behaviours of persons coming in contact under 'community life' can be regulated.

Ans. (d) : Blackstone

Explanation: Bentham was a critic of the theory of natural law. He opened strong fire on natural law as expounded by Blackstone. He based his views on law on utilitarianism. Philosophical jurist Hegel stated that the objective of creating law by the state is to prevent

conflicts arising in society due to pervading human selfishness. Holland depicted jurisprudence as the formal science of positive law.

Ans. (c) : Henry Maine

Explanation: Savigny — the theory of Volksgeist (popular consciousness); he is considered the father of the historical school. Roscoe Pound — theory of Social Engineering. Henry Maine — the movement of progressive societies has hitherto been a movement from status to contract. Puchta — he used the word rights in place of law.

Ans. (a) : (A) and (R) are true and (R) is the correct explanation of (A)

Explanation: Austin considered law to be the command of the sovereign. Law is that set of commands which is made in a sovereign independent political society for the regulation of the conduct of its subjects. Austin considered sovereign, command and sanction as the three necessities in law. Command — According to Austin, command is the expression of the state's wish to its subjects to do a particular act. This expression is not in the form of prayer. It is of two types — (1) General command (2) Special command. Austin called general command alone as positive law. Sovereign — A sovereign is the person whose commands are habitually obeyed by a political society and who himself does not obey the commands of any person or persons. Sanction (Sanction) — Sanction is the punishment given for noncompliance with the commands of the sovereign. Austin gave importance to sanction in law.

Ans. (b) : According to analytical jurist Austin, the following three attributes of positive law are: (1) Command (2) Sovereign (3) Sanction

Ans. (c) : The main jurist of historical school was Sir Henry Maine. He made the statement that the movement of progressive societies has been from status to contract.

Ans. (b) : Matched List

List-I — List-II The Concept of Law — Hart The Province of Jurisprudence Determined — Austin Some Reflections on Jurisprudence — Buckland Limits of Jurisprudence Defined — Bentham

Ans. (c) : Matched List

Ans. (c) : Roscoe Pound propounded the theory of Social Engineering. According to him, law is not only a set of rules but is a method or technique for harmonizing conflicting interests. Auguste Comte propounded the legal theory of Scientific Certainty. Leon Duguit propounded the theory of Social-Sociological solidarity.

Ans. (a) : Justice K. Ramaswami made the above observation in Delhi Transport Corporation v. DTC Mazdoor Congress. Indra Sawhney v. Union of India is also known as the Mandal Commission case. In Parmanand Kataria v. Union of India, the Supreme Court held that the right to receive medical assistance is a fundamental right under Article 21 of the Constitution.

Ans. (c) : The theory of analytical jurisprudence was greatly influenced by Bentham's ideas. Like Austin, Bentham was a critic of natural law. He considered natural law a phrase of mockery and called natural rights a nonsense term.

Ans. (b) : (A) Utilitarian Individualism — Bentham (B) Social Utilitarian — Ihering (C) Scientific Positivism — Compte (D) Social Engineering — Roscoe Pound

Ans. (b) : Ehrlich is considered a very advanced jurist. The center of his jurisprudence relates to the social basis of law. According to him, law originates from social facts.

Ans. (b) : (A) Inner morality of Law — Fuller (B) Minimum content of law — Hart (C) Law with a variable content — Stammler (D) Status to contract Theory — Henry Maine

Ans. (c) : Jeremy Bentham divided jurisprudence into two parts — (1) Expository Jurisprudence (2) Censorial Jurisprudence. Expository jurisprudence explains what the law is and censorial jurisprudence aims to clarify what the law ought to be.

Ans. (b) : Stammler said that now natural law cannot be called absolute. It is natural law with variable contents. Stammler stated two purposes of the concept of law: (1) Philosophical purpose (2) Practical purpose

Ans. (d) : Prof. Hart revived interest in analytical jurisprudence. Hart said that law is a command. It analyses legal concepts. He kept morality separate from law and clearly distinguished between law as it is and law as it ought to be, saying that all of law is also law. Therefore all options are correct.

Ans. (c) : Theory of Social Solidarity — Duguit Theory of Categorical Imperative — Immanuel Kant Imperative Theory of Law — John Austin Theory of Living Law — Ehrlich

Ans. (b) : Matched: The Growth of the Law — Cardozo Foundations of Jurisprudence — Jerome Hall The Nature and Sources of Law — Gray Taking Rights Seriously — R. Dworkin

Ans. (b) : Options 1 and 3 are correct. Austin himself said that positive law is made by the sovereign and positive morality originates from the mutual consent of the people.

Ans. (d) : Hart considers law as a "system of rules" which considers primary and secondary rules as the key to the science of jurisprudence. Primary rules are those which impose duties and liabilities on persons. The deficiencies of primary rules are fulfilled by secondary rules. Therefore option (d) is not correct.

Ans. (c) : Elements of Jurisprudence — T.O. Friedman The Nature of Judicial Process — B.N.Cardozo Dilemmas of Law in the Welfare State — L.M. Friedman The Concept of Law — H.L.A. Hart

Ans. (c) : Matched: Normative order — Kelsen Theory of justice — John Rawls Natural law with variable content — Rudolf Stammler Social Utilitarianism — Ihering

Ans. (a) : Austin's theory of law has not properly explained constitutional law, customary law or judicial precedents. Rather such laws share their pedigree with statutory laws. Austin confined his study strictly to law that can be called statutory law. Therefore both A and R are correct and R is the correct explanation of A.

Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R). Read the statements and choose the correct answer using the code given below:

Ans. (a) : The correct matching is as follows: Bentham — Analytical School Puchta — Historical School Herbert Spencer — Sociological School Gray — Realist School

Ans. (a) : Matched list: (A) Spirit of people — Savigny (B) Social Solidarity — Duguit (C) Dictates of Reasoning — Thomas Acquinas (D) Social Control — Ihering

Ans. (b) : The following statements are related to positivism:

1. Laws are command.

2. Analysis of legal concept is distinct from Sociological and Historical analysis.

3. 'Law as it is' has to be kept separate from 'Law ought to be'. Austin is the proponent of positive morality.

Salmon enumerates five characteristics of legal rights. Four such characteristics are 1. 2. 3. 4.

Subject of right Object of right Content of right Title of right

Ans. (b) : As the science of law or philosophy of law emerged, the socio-legal approach came into existence.

Ans. (c) : The famous jurist of the analytical school Kelsen propounded this theory that law must remain free from social sciences, metaphysical, ethical and moral elements.

Ans. (a) : The basic content of realist jurisprudence is that law is always in a state of continual change. The famous jurists of this school are O.W. Holmes and Jerome Frank.

Ans. (c) : The chronological order of the books published on jurisprudence is as follows: A. Province of Jurisprudence Determined — Austin B. Benjamin N. Cardozo — 'Nature of Judicial Process' C. Concept of Law — H.L.A. Hart D. Julius Stone — 'The Province and Function of Law' E. Lon L. Fuller — 'Anatomy of Law'

Ans. (c) : "The movement of progressive societies has hitherto been a movement from Status to Contract." This statement belongs to the jurist of the historical school of law, Sir Henry Maine.

Ans. (c) : Prof. Hart is considered the leading contemporary representative of British positivism. Hart said that primary rules only impose obligations and duties while secondary rules establish an official mechanism for the creation of primary rules and for their enforcement. There is a direct connection with the reformulation of analytical positivism because Hart said that where there is law, human conduct is made in a non-optional or obligatory sense.

Ans. (a) : The chronological order of emergence of schools of jurisprudence is as follows: 1. 2. 3. 4. 5.

Natural Law School Historical School of Law Analytical School Positivist Realist School

Ans. (c) : The correct chronological order of jurists is as follows: Jeremy Bentham (17481832) ↓ John Austin (1790-1859) ↓ Roscoe Pound (1870-1964) ↓ Oliver Wendell Holmes (1841-1934)

Ans. (b) : Savigny is considered the main exponent of the historical school of law. The central objective of this school of law was to establish that the customary law of a nation is in fact the living law.

Ans. (a) : Laws set by political superior to political inferior are considered law within the Austinian theory. Austin's aim was to turn law into a true science. To do this he believed that human law should be freed from all moral notions and the main legal concepts should be defined in strictly experiential terms. According to Austin, law is a social fact and represents the relationship between power and authority.

Ans. (b) : Jerome Frank published Law and the Modern Mind (1930) along with several other books which argue for legal realism and emphasise the psychological forces at work in legal matters.

Ans. (c) : Sir Henry Maine was a British jurist and legal historian who mainly studied primitive law and anthropological jurisprudence. Maine's notable work — Ancient Law and its connection with the early history of society and its relation to modern ideas.

Ans. (b) : Sir Henry Maine communicated that the movement of progressive societies has hitherto been from status to contract.

Ans. (a) : Frederick Karl von Savigny's view is that the source of law is in the expression of the general consciousness of the people. As a nation develops, its law also keeps developing. When consciousness arises in a nation, the law of that nation also becomes effective, but when a nation loses its nationality, the law is destroyed. Therefore law is a product of people's life and it is a manifestation of their spirit.

Ans. (d) : The main schools of jurisprudence are as follows: 1. 2. 3. 4.

Natural Law School Analytical School Historical School Sociological School

5. Realist School The Critical school is not included among the schools of jurisprudence.

Ans. (d) : The author of the book Concept of Law is H.L.A. Hart.

Ans. (c) : O.W. Holmes (Jr.) stated that the life of law is not logic, it is experience.

Ans. (c) : The credit for the theory of separation of powers goes to Montesquieu. Montesquieu's statement is that if all three powers are concentrated in one person or institution, then justice, freedom and order would all cease to exist and as a result of the centralisation of powers, an autocratic and tyrannical rule would be established.

Answer: (b) (A)-(II), (B)-(I), C-(IV), D-(III)

Passage for Dec 2020/June 2021 Q72

Direction : Read the passage carefully and answer the questions that follow

The acceptance of international law as law possess the problem of explaining its binding force and thus it turn raises question as to the authority of all law. Some writers have sought to demonstrate the binding character of international law from its derivation from natural law. But we have seen that natural law is nothing more than morality and that the existence of moral rules is no guarantee of the existence of corresponding legal rules. Such as argument shows at most that the rules of international law are morally binding not that they are legally binding. Moreover many legal rules are morally indifferent: morality may demand the existence of some rule without specifying what that rule should be. Such is the case in municipal law with regard to the formalities required for wills, contracts and conveyances, and in international law with some of the rules regarding title to territory and the limits of jurisdiction. The binding force of such rules can hardly be attributed to any moral characteristic

Answer: (b) Command, Sovereign, Sanction

Answer: (c) A, B and D only

Answer: (b) A-III, B-I, C-IV, D-II

Answer: (b) (E), (A), (B), (C), (D)

Answer: (b) Mandate

Answer: (b) Constructive skepticism

Answer: (d) (D), (B), (A), (C), (E)

Answer: (a) A-IV, B-I, C-III, D-II

Explanation: Mimansa distinguishes between obligatory and recommendatory rules (IV). Smriti emphasizes law and morals as the same (I). Post-Reformation thought stressed law as deriving authority from the State (III). Korkunov introduced values as foundational (II).

Answer: (d) A-IV, B-I, C-II, D-III

Explanation: Each jurist contributed uniquely to comparative law and jurisprudence, including historical and modern perspectives.

Answer: (a) A, B, C, D

Explanation: Historically, the concept of divine law as end goal and the Church as lawgiver emerged in the medieval period, followed by rationalist thinkers in the Enlightenment,, and finally the revival of natural law in modern jurisprudence.

Answer: (a) A-IV, B-II, C-III, D-I

Answer: (a) The Will theory

Answer: (b) Metaphysical school

Passage for 31 Dec 2025 (Shift 1) Q146–Q150

Read the following passage and answer the questions below

As remarked by Dias, "no other firmament of legal or political theory is, so bejewelled with star as that of 'Natural Law' for it has engaged the attention of some of the greatest thinkers of all ages." The credit of giving birth to natural law goes to Greeks. After the Greeks, it was further developed and elaborated by the Romans. The early and original law of Romans was called 'Jus Civil'. Later on, the Romans developed another legal system called 'Jus gentium" which was considered to be the law of universal application. In the republican era of Rome 'Jus gentium' was reinforced by natural law or 'Jus natural' as it was commonly called. As pointed out by Brierly, by "Ius natural" the Romans meant "the sum of those principles which ought to control human conduct because founded in the very nature of man as a rational and social being." The law of nature is the expression of what is just against what is merely expedient at a particular time and place, it is what is reasonable against what is arbitrary, what is natural against, what is convenient and what is for social good against the personal will." Thus natural law was based on the rational and reasonable needs of a man's nature. According to Roman, natural law embodied the elementary principles of justice which were the dictate of rights and reason. In other words, those principles were in accordance with nature and were unalterable and eternal

Answer: (b) JUS GENTIUM

Answer: (a) Convenience

Answer: (c) Elementary principle of justice

Answer: (a) Rational and reasonable needs of man

Answer: (c) Republican era

Answer: (c) Sir Thomas Holland

Explanation: • Sir Thomas Holland famously remarked that International Law is the "vanishing point of jurisprudence."

• In his legal view, jurisprudence requires both a determinate sovereign authority and a set of enforceable legal commands. Because International Law lacks a centralized law-making sovereign, uniform judicial enforcement, and direct coercive sanctions, Holland argued that as one approaches International Law, the standard defining elements of jurisprudence fade away or "vanish." Information Booster

• Jurists Denying International Law as True Law:

o John Austin: Termed it "positive international morality" because it lacks a sovereign command and coercive sanctions. o Thomas Hobbes & Baruch Spinoza: Considered international relations to be governed by the state of nature rather than formal law. o Jeremy Bentham: Coined the term "international law," but viewed its binding force as primarily contractual or moral rather than strictly legal.

• Jurists Affirming International Law as True Law:

o Sir Frederick Pollock & Lassa Oppenheim: Maintained that international law is true law because states acknowledge its binding obligations and observe its rules in practice.

Answer: (c) B and C only

Explanation: Evaluating each statement according to H.L.A. Hart's legal theory as expounded in his landmark work, The Concept of Law (1961):

• Statement A - INCORRECT: In Hart's framework, primary rules are duty-imposing (they require human beings to do or abstain from certain actions), whereas secondary rules are power-conferring (they confer powers to create, modify, or extinguish primary rules). Statement A states the exact opposite, making it false.

• Statement B - CORRECT: Secondary rules (specifically the rules of change) empower legislators to introduce new primary rules or repeal old ones, allowing the legal system to dynamically modify policies according to evolving societal needs.

• Statement C - CORRECT: The ultimate test for the legal validity of a rule within a given legal system is its conformity with the "Rule of Recognition"-a master secondary rule that specifies the criteria for identifying valid laws.

• Statement D - INCORRECT: This represents a core doctrine of moral cognitivism / moral rationalism. As a legal positivist, Hart maintained the Separation Thesis-that legal validity is separate from moral validity.

• Statement E - INCORRECT: Analytical positivism, including Hart's conception, strictly insists on separating law as "it is" (posited law) from law as "it ought to be" (morality/ethics). Claiming a legal system must concern itself with both is a characteristic of Natural Law theory, not Hart's positivism. Therefore, statements B and C are the only correct attributes, which corresponds to Option (c).

Answer: (b) Law has conscious organic growth

Explanation: Friedrich Carl von Savigny, the founder of the Historical School of Jurisprudence, posited that law is a matter of unconscious and spontaneous organic growth. It is found, not made by deliberate or conscious legislative acts.

• Why Option (b) is NOT a tenet of Savigny's theory: Savigny argued that the development of law is unconscious and arises naturally out of historical traditions and customs. Therefore, stating that law has a "conscious" organic growth contradicts his core doctrine.

Answer: (c) Leon Duguit

Explanation: The Doctrine of Social Solidarity was postulated by French jurist Léon Duguit, a key proponent of the Sociological School of Law.

• Core Concept: Duguit asserted that the main function of law is to promote and protect social solidarity-the interdependence of human beings living in society.

• Key Principles:

o Law is not derived from state authority or sovereign command; it exists naturally because humans are social beings dependent on one another for survival. o He rejected the concept of sovereign state power and individual "subjective rights," arguing instead that individuals only have a duty to perform their social functions to maintain social solidarity.

Answer: (b) A-III, B-II, C-IV, D-I

Explanation: Matching each foundational legal treatise/work in List I with its respective author/jurist in List II:

• A. Some Reflections in Jurisprudence III. Julius Stone Written by the renowned legal philosopher and jurist Julius Stone, who famously described jurisprudence as "the lawyer's extraversion".

• B. Elementiae Philosophiae II. Thomas Hobbes Elementa Philosophiae (Elements of Philosophy) is a trilogy of legal and political philosophy written by Thomas Hobbes, comprising De Cive, De Corpore, and De Homine.

• C. Elements of Jurisprudence IV. Sir Thomas Erskine Holland Written by Sir Thomas Erskine Holland, this classic work defined jurisprudence as "the formal science of positive law."

• D. Elementary Principles of Jurisprudence I. George W. Keeton Authored by English jurist George Williams Keeton in 1930.

Ans. (d) : Morality

Explanation: The Hart-Fuller controversy relates to the relationship between law and morality. Hart was a positivist and believed that law and morality are separate from each other. Fuller was a supporter of natural law and argued that law depends on the morality of society.

Ans. (a) : Kohler

Explanation: The doctrine of moral reasoning has been propounded by Kohler.

Ans. (b) : Both (A) and (R) are right and (R) is correct reason of (A)

Explanation: Fuller's theory of inner morality of law is also called procedural natural law. The inner morality in law is not something imposed on the power of law from above or superimposed, but it is an essential condition of that power itself.

Ans. (b) : persuasive and non-obligatory

Explanation: The fundamental principle of legal positivism is the clear demarcation between law and morals. The clear distinction between 'law as it is' and 'law as it ought to be' — the former is essential in the nature of 'command' while the latter is merely persuasive and its observance is not obligatory.

Ans. (a) : The contents of every law, in order to be valid, must be of a minimum moral standard

Explanation: Fuller has stated that the contents of every law, in order to be valid, must be of a minimum moral standard.

Ans. (d) : Law are valid only if they are just — this statement is not correct because the validity of law is not based on its justness. The aim of law is to secure justice, which is true. Therefore A is false and R is true.

Ans. (c) : The jurist of analytical school Hart, commenting on the law of the state, said that the law of every modern state shows at a thousand points the influence of both the accepted social morality and wider moral ideals. These influences enter into law either abruptly and avowedly through legislation, or silently and piecemeal through the judicial process.

Ans. (c) : The famous jurist H.L.A. Hart's statement is that law and morality are complementary to each other. This jurist is associated with the analytical school.

Ans. (b) : According to non-positivist legal theorists such as Fuller, Duguit, Dworkin and other jurists, there is a deep relationship between law and morality and generally morality is in advance of law. Morality has social acceptance and therefore when morality and law are in harmony, the observance of law becomes easy. In the absence of social acceptance the observance of law becomes difficult.

Ans. (a) : According to Prof. Lon L. Fuller, law is a purposeful method that governs human conduct through rules. Fuller considered the following elements essential in every legal system: 1. 2. 3. 4. 5. 6. 7. 8.

The rules of law should be certain Adequate promulgation of these rules Non-misuse of retrospective legislation Rules should be understandable and simple Should not be contrary or inconsistent with any prevailing law Rules of law should be practical Frequent changes in it should be avoided There should be consistency between actual conduct and administration of law.

Fuller considered these as the internal morality of law.

Answer: (a) (A), (B) and (C) Only

Answer: (d) (C) Only

Answer: (a) (E) Only

Ans. (a) : Not to wear the hat

Explanation: In the above problem, X has the liberty not to wear the hat. Hohfeld's legal rights analysis includes right, liberty, power and immunity. Just as a person's correlative duty is the opposite of a right, in the same way any person has the right to wear or not to wear his hat.

Ans. (b) : Correlatives

Explanation: Hohfeld considered rights, liberty, power and immunity as correlatives of each other and tried to explain their opposite concepts through the following tables — Right

(claim) — No-right Duty — Liberty or privilege Power — Liability Responsibility — Immunity

Ans. (d) : Duguit

Explanation: Duguit, while criticizing the will theory, considered social solidarity as the basic ground of all rights. However, Locke, Puchta, Holmes considered 'will' as the basis of the 'will theory'.

Ans. (a) : Allen

Explanation: While defining the concept of legal rights, jurist Allen stated that rights spring from rights.

Ans. (b) : No rights

Explanation: According to Salmond, legal rights in a broad sense are of four different kinds — (1) Rights (in narrow sense), (2) Liberties, (3) Powers and (4) Immunities. According to Salmond, all of these have their own correlatives. For example — Correlative of rights — duties Correlative of liberties — No right Correlative of powers — Liability (duty) Correlative of immunities — Disabilities

Ans. (b) : Contingent Right

Explanation: Sections 31 to 36 of the Indian Contract Act 1872 deal with contingent contracts. The present problem is a contingent contract under Section 32 of the Contract Act — a contract contingent upon an uncertain future event occurring. Therefore it is a contingent right.

Ans. (d) : 1, 2 and 3

Explanation: According to Austin there are four types of absolute duties — (i) Duties towards the sovereign authority (ii) Duties towards indefinite persons (iii) Self-regarding duties (iv) Duties towards the sovereign or state Therefore statements 1, 2 and 3 are correct. Duties towards parents are not absolute.

Ans. (b) : A-2, B-1, C-4, D-3

Explanation: Correct matching — A. Privilege — Freedom from claim of another B. Duty — Gives content to the claim of a person C. Power — Ability of a person to change legal relations D. Absolute Duty — Have no correlative claim according to Austin

Ans. (c) : (A) is true, but (R) is false

Explanation: A legal right is that interest which gets the force of law. If any person violates it, then law provides remedy to the holder of the right. Thus it is clear that a legal right is a legally protected interest. The following elements are necessary for the constitution of a right — (1) A person bound by the right (2) Subject matter of the right (3) Object of the right (4)

Ans. (d) : Salmond

Explanation: Salmond expressed the opinion that common law is essentially judge-made law. The law prevalent in England is called common law. It is based on the customs of England which have been stamped by the decisions of courts.

Ans. (d) : A-3, B-4, C-1, D-2

Explanation: Time barred debt is an imperfect right. Right to reputation is a right in rem. Right to physical integrity is a personal right. Right arising out of a contract is a right in personam.

Ans. (b) : A-2, B-3, C-4, D-1

Explanation: A. Perfect right — Which has a correlative duty that can be legally enforced B. Negative right — A has a right to receive damages C. Imperfect right — That right which although recognized by state but not enforceable D. Positive right — Which has correlative positive duty

Ans. (a) : Dworkin

Explanation: Famous American jurist Dworkin, who is associated with the naturalist school, propounded the theory in relation to rights that legal rights are institutional rights to decisions in courts. Institutions presuppose a fundamental right about justice, such as the right to equality, which he calls the right to equal concern and respect.

Ans. (a) : only 1, 2, 3

Explanation: The following statements are true —

1. An imperfect right can become a perfect right under certain circumstances.

2. An imperfect right can become a valid defence.

3. Law recognises an imperfect right but does not enforce it. .

Ans. (a) : Salmond

Explanation: Salmond while defining legal right said that "a legal right is an interest recognized and protected by a rule of legal justice. An interest whose violation is legally wrong because this wrong was done against him, whose interest it was and whose respect is a legal duty." Salmond was a jurist of the analytical school.

Ans. (d) : I, II and III

Explanation: According to Austin the following duties are absolute duties — (1) Duties owed to indeterminate persons. (2) Self regarding duties. (3) Duties owed to the sovereign.

Ans. (d) : Hering

Explanation: Theories related to legal rights — (1) Interest theory — its proponent was Ihering. (2) Will theory — Hegel, Kant, Hume.

Ans. (b) : I, II and III are true

Explanation: According to Salmond, every right involves three level relations —

1. It is a right against some persons or persons.

2. It is a right related to some act or omission of some persons or persons.

3. It is a right over or to something to which that act or omission relates.

Ans. (b) : Prof. Duguit

Explanation: According to Professor Duguit's social solidarity theory, the state is considered merely a form of human organisation; the existence of the state is justified only as long as it promotes social solidarity. According to his statement — "No one has any other right than always to do his duty."

Ans. (c) : Right and Moral rights

Explanation: Professor Holland distinguishes legal rights from power and moral rights.

Ans. (c) : 3 alone — Both (A) and (R) are true

Explanation: A perfect duty is one which is not only recognised by law but is also enforced by it. This duty is considered enforceable when legal proceedings can be initiated for breach of such duty, whether civil or criminal, and the judgment of the court can be executed.

Ans. (a) : 1 only

Explanation: It is true about vested and contingent interests that a vested interest creates an immediate interest and it is transferable and heritable, while a contingent (conditional) interest does not create an immediate interest and is not heritable. Section 19 of the Transfer of Property Act, 1882 relates to vested interest and Section 21 relates to contingent interest.

Ans. (b) : Subject, object and title

Explanation: According to Salmond, the following elements of legal right are — 1. 2. 3. 4. 5.

Holder of the right. Person bound by the right. Subject matter of the right. Subject of the right. Title of the right.

"International Law or the Law of Nations is the name of body or rules which according to the usual definitions regulate the conduct of the states in their intercourse with one another". Who has given this definition? (Question continues but answer options were not visible in the image)

Ans. (c) : No claim, Duty and Liberty

Explanation: Hohfeld's analysis in the context of rights and duties is as follows — (1) Right — Duty (2) Liberty — No claim (3) Power — Liability (4) Immunity — Liberty

Ans. (c) : (A) is true but (R) is false

Explanation: A claim to recover a time-barred debt is an imperfect right. Therefore statement (A) is correct. But it is wrong to say that the limitation act does not provide that after a certain time the debt will be extinguished. Section 3 of the Limitation Act provides that a time-barred suit shall be dismissed. In this the debt is not extinguished but a suit for its recovery cannot be brought. Thus A is true but R is false.

Ans. (b) : A-2, B-3, C-4, D-1

Explanation: Correct matching — Right — Duty Liberty — No right Power — Liability Immunity — Disability

Ans. (c) : (A) is true, but (R) is false

Explanation: A perfect right is recognised and enforceable by law, but an imperfect right is only recognised by law but not enforceable. The Limitation Act 1963 provides an example of a time-barred debt as an imperfect right. In this the debt is not extinguished but a suit for its recovery cannot be brought. Thus A is true but R is false.

Ans. (b) : A-4, B-3, C-2, D-1

Explanation: Correct matching — Right not to be harmed — Negative right Right of freedom from bodily harm — Personal right Right to recover debt — Right in personam Right to recover debt barred by lapse of time — Imperfect right

Ans. (c) : 'A' has a house and nobody should interfere with the enjoyment of proprietary right over the house. This right is called Right in Rem.

Ans. (c) : Ihering is called the father of modern sociological jurisprudence. Ihering was a social utilitarian. Ihering defined legal right protected by law as legally protected interest. He defined the word right in various senses — as legally protected interest, legally protected action, legally protected act.

Ans. (c) : (A) Will Theory — Legal Right (B) Concession Theory — Legal Person (C) Declaratory Theory — Precedent (D) Command Theory — Analytical School

Ans. (d) : The two theories of legal right in jurisprudence are: (1) Interest Theory (2) Will Theory The supporters of the Interest Theory are Ihering, Salmond, Gray. According to the Interest Theory, the rights of a person are protected by legal authority. The supporters of the Will Theory are Hegel, Kant, Hume, Puchta. According to these jurists a person's right reflects their will.

Ans. (b) : Matched: Claim — Duty Liberty — No claim Power — Liability Immunity — Disability The above legal theory is based on Hohfeld's views.

Ans. (b) : Matched: Privilege — Freedom from claim of another Duty — Gives content to the claim of a person Power — Ability of person to change legal relations Absolute Duty — According to Austin no correlative claim exists

Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R). Read the statements and choose the correct answer using the code given below:

Ans. (b) : The correct matching is as follows: A right which, although recognised by law, is not enforceable — Imperfect Right A person's right in relation to his property — Proprietary Right A person's right relating to status and that arising out of contract — Personal Right A right which does not create an immediate interest — Contingent Right

Ans. (d) : The jurist Salmond of the analytical school mentioned the following 5 characteristics of legal rights: 1. 2. 3. 4. 5.

Ans. (a) : According to John Austin, the following duties have been included in the category of absolute duties: (1) Duties regarding persons (such as duties towards God or small animals). (2) Duties owed to persons indefinitely (such as duties towards the community). (3) Self-regarding duties. (4) Duties owed to the sovereign.

Ans. (c) : Hohfeld's legal right related ideas — Right (Strict sense) ↔ Duty Liberty ↔ No Right Power ↔ Immunity Subjection or Liability ↔ No power or Disability

Ans. (b) : According to Salmond, the following 4 distinct kinds of rights are: A. Liberties B. Rights C. Power D. Immunities

Answer: (d) Statement I is incorrect but Statement II is correct

Answer: (a) B, C, D only

Explanation: Salmond says that every legal right has a title, that is to say, certain facts or events by reason of which the right has become vested in its owner'

Answer: (c) Ihering

Answer: (c) D and E only

Explanation: Evaluating each statement against Rudolf von Jhering's Interest Theory of Legal Rights:

• Statement A is Incorrect: The idea that a right is an inherent attribute of the human "will" belongs to the Will Theory advocated by Immanuel Kant, Georg Wilhelm Friedrich Hegel, and Bernhard Windscheid, not Jhering.

• Statement B is Incorrect: Defining rights purely as an exercise of sovereign state power does not represent Jhering’s core definition of legal rights.

• Statement C is Incorrect: Viewing subjective rights as metaphysical abstractions is associated with Karl Olivecrona, Alf Ross, or Auguste Comte's positivist/realist critiques.

• Statement D is Correct: Jhering defined a legal right as a "legally protected interest." Under his Interest Theory, the fundamental purpose of rights is to satisfy human needs, desires, and interests.

• Statement E is Correct: According to Jhering (in Law as a Means to an End), law exists to reconcile individual interests with community interests, aiming to protect human interests and prevent conflicts between private and public goals. Thus, statements D and E are the correct choices. Information Booster

• Two Main Theories of Legal Rights:

1. Interest Theory (Rudolf von Jhering):

▪ Core Idea: A right is an interest recognized and protected by law. ▪ Elements: Two essential components-the substance/interest (the benefit enjoyed) and the remedy/protection (the legal action enforcing it).

2. Will Theory (Kant, Hegel, Windscheid):

▪ Core Idea: A right is a power or sovereignty of the human will granted to an individual.

Answer: (a) A, C, D and E only

Explanation: Evaluating each statement against Wesley Newcomb Hohfeld's fundamental framework of Jural Correlatives and Jural Contradictories (Opposites):

• Statement A - CORRECT:

The jural correlative of Liberty (or Privilege) in X is No-Right in Y. That is, if X has the liberty to act, Y has no right that X shall not so act.

• Statement B - INCORRECT:

The jural correlative of Immunity is Disability (not Power). Power and Disability are jural opposites in the same person, while Power and Liability are correlatives.

• Statement C - CORRECT:

The jural correlative of Disability in Y is Immunity in X. Disability signifies the lack of legal power in Y to alter X's legal position, which directly correlates to X possessing Immunity against Y.

• Statement D - CORRECT:

The jural correlative of Power in X is Liability in Y. If X has the power to alter legal relations, Y is under a liability to have their legal status altered by X.

• Statement E - CORRECT:

In Hohfeldian analysis, the contradictory (or opposite) of Immunity in X is Liability in X. Since Disability in Y is the absence of power in Y, framing the absence of power in another person as the contradictory state to Immunity is accepted as a valid description of the absence-presence dichotomy across the power-immunity spectrum in standardized legal test keys. Therefore, statements A, C, D, and E are correct, corresponding to Option (a).

Ans. (c) : Corporate personality

Explanation: The Fiction theory is associated with corporate personality. According to law, a corporation is an artificial person. It has the capacity to enjoy rights, fulfill its duties, and hold property. Therefore, the concept of corporate personality is a unique creation of law.

Ans. (b) : Symbolist theory

Explanation: Among the various theories related to the nature of corporate personality, one is the Bracket Theory. This theory is known as the Symbolist theory. This theory is based on the argument that only human beings can hold rights and interests and understanding unlimited legal relations is the only way to understand them more easily.

Ans. (d) : None of the above

Explanation: In Gyadeen v. Hanuman Prasad 2001, the court said that a Hindu Joint family is not a legal person.

Ans. (c) : Law

Explanation: According to Salmond, a legal person is an entity different from a human being to which law grants personality. In this sense a legal person is a legal concept whose creation is considered to be conceived by law. Therefore the birth and death of a legal person is determined by law.

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Ans. (d) : Salmond

Explanation: Salmond said that a legal person is any subject matter other than a human being to which law attributes personality. Salmond was a jurist of the analytical school. According to him, the law made by Parliament is the highest legislation.

Ans. (a) : Barker

Explanation: The purpose theory was developed by German jurist Brinz but this theory was developed in England by Barker. According to Barker, the word 'person' is used only for human beings and only they can be the subjects of legal relations.

Ans. (d) : Hohfield

Explanation: Famous jurist Hohfield said that corporate personality is a mere procedural form which is used to work out a convenient way for immediate purpose. The proponents of the realist theory of corporate personality were German jurists.

Ans. (d) : Greek word

Explanation: Persona is a Greek word. Personality is derived from the word persona. It has many meanings and the word personality is very vague and wide.

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Ans. (c) : Legal personality

Explanation: The main proponents of the Fiction Theory are Savigny, Salmond, Gray and Dicey. According to this theory, a corporate person is merely a legal fiction whose main purpose is to bring unity to the unstable organisation of persons collectively for social purposes. Thus fictional personality is different from the persons who create it.

Ans. (b) : Law puts a bracket around the persons, by organising juristic personality

Explanation: Bracket Theory — the main proponent of this theory is German jurist Ihering. His statement is that only the members of a division are real persons; the corporate personality created as a corporation is like a bracket which only represents the collective form of members. Highfield criticised it.

Ans. (d) : Kelson

Explanation: According to historical jurist Kelsen, in essence there is no difference between the legal personality of a company and that of an individual.

Ans. (c) : Interest Theory

Explanation: The Interest theory or Will theory is propounded by Ihering and is associated with legal rights, not with the nature of legal persons. While Fiction, Realist and Bracket theories are associated with legal personality.

Ans. (b) : Will theory

Explanation: The will or interest theory is associated with legal rights. While the Fiction, Realist and Bracket theories are associated with legal personality.

Ans. (d) : The theories related to legal personality are: (1) Fiction Theory (2) Bracket Theory (3) Realist Theory (4) Concession Theory (5) Purpose Theory Therefore, Will Theory is not a theory of legal personality but is related to legal rights.

Ans. (d) : The following theories based on corporate personality have been propounded by jurists: Fiction Theory Realistic Theory Bracket Theory Concession Theory Purpose Theory Kelson's Theory Hohfeld Theory However, Functional Theory does not fall under the theories of legal personality.

Ans. (d) : The proponent of the Bracket Theory is Ihering. According to this theory, only human beings can have interests and rights and a corporation is only a legal device or formula, through which every complex legal relation can be understood more easily.

Ans. (b) : Defining legal personality under jurisprudence, Salmond said that a legal person is any subject matter other than a human being to which law attributes personality.

Ans. (d) : Kelsen said that in essence there is no difference between the legal personality of a company and that of an individual.

Ans. (c) : Corporation Sole is a 'corporate chain' of successive individuals. This corporation was held by priests by virtue of the priestly office. The main purpose of this corporation is to maintain the continuity of an office. Examples of Corporation Sole are — the King of England, the Postmaster General of England, the Solicitor General of the Treasury, etc.

Ans. (b) : In the case of Yogendra Nath Naskar v. Commissioner of Income Tax, 1969 S.C., the Supreme Court held that a Hindu idol or deity is a legal person and for this reason such a person can hold property. Such a legal person, like a natural person, would have all rights and liabilities. Bengal Immunity Company Limited v. State of Bihar, 1955 S.C. is related to Article 141 of the Constitution. The law declared by the Supreme Court shall be binding on all courts within the territory of India, but the Supreme Court is not bound by its own decisions.

Ans. (d) : Corporation Sole is defined in Section 2(11) of the Companies Act, 2013 as a corporation or corporate body. A corporation sole is a single person who is the holder of a permanent office or official position for a certain period of time. For example, the King of England or the Crown or a Bishop is a corporation sole. A corporation sole maintains the continuity of an office, even though the persons keep changing.

Ans. (a) : Salmond stated that a legal person is any subject matter other than a human being to which law attributes personality.

Answer: (a) Both Statement I and Statement II are correct I II

Answer: (d) At death

Answer: (b) Mask

Answer: (d) (A), (B), (D), (E) Only

Answer: (c) Interest theory

Explanation: Fiction, Concession, and Bracket theories are well-known theories of legal personality. Interest theory is not typically categorized as such; it is more relevant to rights jurisprudence.

Answer: (d) Shiromani Gurudwara Prabandhak Committee V/s Somnath Das

Ans. (c) : I and II are correct

Explanation: Legal ownership is that which originates from the rules of common law and equitable ownership originates from the rules of equity. The ownership which law recognizes is called legal ownership and that which equity recognizes is called equitable ownership. Sometimes it happens that equity recognizes ownership, but due to some legal defects, law does not recognize ownership.

Ans. (b) : Both (A) and (R) are true and (R) is not the correct explanation of (A)

Explanation: According to Austin, ownership is such a right over a definite thing which is indefinite in point of user, unrestricted in point of disposition, and unlimited in point of duration. The incidents of ownership are as follows — (1) Right of possession. (2) Right of enjoyment of property. (3) Right of alienation of property. (4) Ownership is indefinite in duration. (5) Ownership is residuary in nature.

Ans. (a) : 'X'

Explanation: The present problem is based on Bridges v. Hawkesworth (1851), according to which X plaintiff would be entitled to possession of those notes. Because the defendant did not have prior possession of those bank notes which could be effective against the plaintiff's claim.

Consider the names of the following natural law jurists: 1. 2. 3. 4.

Morris Stammler Rawls Jerome Hall

Ans. (c) : (A) is true, but (R) is false

Explanation: Ownership is either vested or contingent. It is vested when the title of the owner is complete, it is contingent when it is conditional upon the fulfilment of some condition. In the case of vested ownership all the conditions or requirements relating to acquisition of ownership are fulfilled and there is no difference between possession and ownership from the point of acquisition and its acquisition takes place in two ways — (i) By operation of law (ii) As a result of some act or event

Ans. (a) : theft

Explanation: The present problem is based on theft under Section 378 of the I.P.C. The essential elements of Section 378 are — (1) intention to take the property dishonestly (2) the property is movable (3) it is taken out of the possession of another person (4) it is taken without consent (5) property is moved from one place to another.

Consider the names of the following jurists associated with sociology of law and sociological jurisprudence: 1. 2. 3. 4.

Max Weber Leon Duguit Ehrlich Ihering

Ans. (d) : Animus possidendi

Explanation: There are two main elements of possession — (1) Corpus, and (2) Animus of possession

The mental intention of holding possession is called the mental intention to hold possession. Until the mental intention is not coupled with physical control, possession is not considered complete.

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Ans. (c) : nine point in ownership

Explanation: Possession is the ninth point of ownership. According to Salmond, possession is the most fundamental relationship between persons and things. Under law, possession is considered the first prima facie evidence of ownership. That is why Salmond called possession the ninth point of ownership.

Ans. (d) : 'Y' (the shop owner)

Explanation: In the present problem the bag will be considered in the possession of 'Y' (the shop owner). Because there are two main essential elements of possession — the corpus of possession and the animus of possession. In the present problem both corpus and animus, that is physical control and the intention to control, belong to 'Y'. Therefore the bag is in the possession of 'Y'.

Ans. (c) : Holland

Explanation: According to Holland, ownership is plenary control over an object. According to Holland, an owner has three powers in relation to a thing — (1) power to hold possession. (2) power of enjoyment. (3) power of ownership. Holland also accepted like Austin that the right of ownership can be curtailed by the right of the state and the right of other persons.

Ans. (b) : a property of someone else

Explanation: Re aliena means a right in the property of another, that is, a right over someone else's property. Examples of such rights are — (a) Right of easement (b) Right of preemption

Ans. (b) : The holder of property need not be the owner

Explanation: On the basis of "the one who holds the property is the owner" it can be said that the holder of property need not be the owner because property can also be held through possession and the holder need not be the owner.

Ans. (b) : Both (A) and (R) are true but (R) is not the correct explanation of (A)

Explanation: Both A and R are true but R is not the correct explanation of A because in India the distinction between legal and equitable ownership is not recognised and the trustee, being subject to trust and trustee law and the trustee's directions, is bound to carry out the trust.

Ans. (c) : Salmond

Explanation: Jurist Salmond of the analytical school said that "ownership in its comprehensive sense denotes the relation between a person and any right that is vested in him, and any right that is included among the relations between them. That which a person owns in this sense is in all cases a right."