Unit I · Topic 2Schools of jurisprudence – Previous Year Questions

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.