Unit I · Topic 3Law and morality – Previous Year Questions

To which of the following concepts, the Hart-Fuller controversy relates to:

1. (a)Reasonableness
2. (b)Obligations
3. (c)Activism
4. (d)Morality✓

Who propounded the Doctrine of 'Moral Reasoning'?

1. (a)Kohler✓
2. (b)Pound
3. (c)H.L.A. Hart
4. (d)Kant

Read Assertion (A) and Reason (R) and answer using the code given below:

Assertion (A): The relation of morality to a concept of law cannot be stated simply in the form of a stark alternative that the former is either externally or internally related to the later

Reason (R): It is depending upon timeframe of reference

Codes:

1. (a)Both (A) and (R) are wrong
2. (b)Both (A) and (R) are right and (R) is correct reason of (A)✓
3. (c)(A) is wrong and (R) is right
4. (d)(A) is right and (R) is wrong

The fundamental principle of legal positivism is to draw a clearcut demarcation between law and morals, between law as it is and law as ought to be wherein the former is essential in the nature of 'command' and latter being merely:

1. (a)routine and normal
2. (b)persuasive and non-obligatory✓
3. (c)non-persuasive and obligatory
4. (d)directive and non-persuasive

Which one of the following statement correctly conveys Fuller's theory of inner morality of law?

1. (a)The contents of every law, in order to be valid, must be of a minimum moral standard✓
2. (b)The question of morality of law is not for the courts
3. (c)The question of morality of every law is a matter for the inner conscience of the legislators and judges have nothing to do with it
4. (d)Every piece of law, in order to be valid, must fulfil certain procedural requirements like generality and consistency, etc.

Read Assertion (A) and Reason (R) and give the correct answer by using the code given below:

Assertion (A): Law are valid only if they are just.

Reason (R): The aim of law is to secure justice.

Code:

1. (a)Both (A) and (R) are true, and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true✓

"The law of every modern state shows as 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." Who said this?

1. (a)Bentham
2. (b)Gray
3. (c)Hart✓
4. (d)Karkunov

Which one of the following Jurists asserts that 'Law and morality are complementary and supplementary to each other'?

1. (a)John Austin
2. (b)Hans Kelson
3. (c)H.L.A. Hart✓
4. (d)Devlin

Which of the following statements describes the relationship between law and morality among non-positive legal theorists?

1. (a)Law is always in advance of moral ideas
2. (b)Morality is generally in advance of law✓
3. (c)The law is inextricably bound up with morals
4. (d)There is no relationship between law and morality

According to prof. Lon L Fullar:- (A) Law is the enterprise of subjecting human conduct to the governance of rules (B) The morality of law has two aspects, external and internal (C) External morality is the morality of aspiration, ideas from which it is possible to derive a procedural version of natural law (D) Internal morality of law is a 'substantive version of natural law'

Choose the correct answer from the options given below:

1. (a)(A) and (B) only✓
2. (b)(B), (C) and (D) only
3. (c)(A),(C) and (D) only
4. (d)(A), (B) and (C) only

Which of the following statements given below are correct?

(A) "A wrong is an act contrary to the rule of right and justice"

(B) "A moral or natural wrong is an act which is morally or naturally wrong being contrary to the rule of natural justice"

(C) A legal wrong is an act which is legally wrong, being contrary to the rule of legal justice and a violation of the law

(D) A legal wrong is always a moral wrong and a moral wrong is always a legal wrong

(E) Natural and legal wrongs cannot form intersecting circles

Choose the correct answer from the options given below

1. (a)(A), (B) and (C) Only✓
2. (b)(A), (D) and (E) Only
3. (c)(B), (C) and (D) Only
4. (d)(B), (D) and (E) Only

Which of the following statement is not correct as per Austin on Law and Morality?

(A) Positive Laws are set by political superiors and are proper subject matter of jurisprudence

(B) Laws by analogy are laws improperly so called

(C) Command, Duty, Sanction and Morality are inseparable

(D) Laws are of two types: laws properly so called and laws improperly so called

(E) Austin's conception of law takes into account positive law and positive morality

Choose the correct answer from the options given below

1. (a)(A), (B) Only
2. (b)(B), (C) Only
3. (c)(E), (D) Only
4. (d)(C) Only✓

Which of the following analysis is NOT true for 5th Cent. BC Greek play of Antigone by Sophocles?

(A) Antigone followed and supported natural law over legal positivism, that is, right to bury

(B) Duties towards family v/s State

(C) An early and undeveloped site of civil disobedience

(D) Irrationality of women's arbitrary subjectivity v/s male state expressed through the duty to formal law

(E) Antigone was excused by State on humanitarian basis

Choose the correct answer from the options given below

1. (a)(E) Only✓
2. (b)(B), (C) Only
3. (c)(C), (E) Only
4. (d)(A), (D) Only