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Jurisprudence - 2

Description: Jurisprudence - 2
Number of Questions: 15
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Tags: Jurisprudence - 2 Jurisprudence
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The classification of Jurisprudence has been provided by

  1. Salmond

  2. Austin

  3. Bentham

  4. Keeton

  5. Kelson


Correct Option: C
Explanation:

(3) The classification of Jurisprudence has been provided by Bentham.

What is utilitarianism?

  1. A philosophical approach according to which laws are valid only if they benefit the greater good

  2. The idea that all individuals should benefit equally from law's usefulness

  3. The idea that collective good prevails over individual rights

  4. All of the above

  5. Both (1) and (2)


Correct Option: C
Explanation:

(3) Utilitarian thinkers do not argue that laws which do not benefit the greater good are invalid, but that a law is a good law only if it maximises the happiness or well-being of the greater number.

What is positivism?

  1. The approach to the study of law according to which only laws posited by their rightful creators are valid

  2. The approach to the study of law according to which all moral, social or legal norms are part of law

  3. The approach to the study of law according to which only laws democratically enacted are valid

  4. All of the above

  5. None of these


Correct Option: A
Explanation:

(1) Positivism studies law in the sense of norms produced by the people who are entitled to create them, irrespective of the democratic nature of the law-making institutions.

What is jurisprudence?

  1. The study of legal decisions

  2. All intellectual enquiries about law

  3. The study of what law is

  4. All of the above


Correct Option: B
Explanation:

(2) Jurisprudence includes the value of the law and is not only how the law works or what the law is.

What is analytical jurisprudence?

  1. The critical analysis of legal decisions

  2. A sociological method to analyse legal systems

  3. The study of what the law is

  4. All of the above


Correct Option: C
Explanation:

(3) Analytical jurisprudence is dedicated to establishing what the law is.

What is natural law?

  1. The law of natural pheonmena

  2. The idea that law is based on certain immutable principles intrinsic to human beings

  3. The idea that law is natural

  4. None of these


Correct Option: B
Explanation:

(2) The philosophy of natural law does not see law as an emanation of nature, but as a social necessity which reflects universal principles grounded on the nature of human beings.

Possession is said to be ownership on the defensive by:

  1. Savingny

  2. Salmond

  3. Ihering

  4. Gray


Correct Option: C
Explanation:

(3) Possession was said to be ownership on the defensive by Ihering.

Realist theory of law emphasises on

  1. social function of law

  2. human factors in law

  3. social criterion of validity of law

  4. essentiality of law for social life


Correct Option: C
Explanation:

(3) Realist theory of law emphasises on social criterion of validity of law.

According to Hohfield, the jural opposite of 'Power', in the context of his analysis of legal right in the wider sense, is

  1. liability

  2. disability

  3. duty

  4. immunity


Correct Option: B
Explanation:

(2) Four sets of various Hohfeldian jural relations are duty/liberty, right/no-right, liability/immunity and power/disability.

Pigeon-hole theory was propounded by

  1. Salmond

  2. Austin

  3. Winfield

  4. Clerk and Lindsell

  5. Blackstone


Correct Option: A
Explanation:

(1) The propounder of “Pigeon-hole theory” is Salmond.

Identify the jurist who defined law as "the form of guarantee of the conditions of life of society, assured by the states' power of constraint".

  1. Roscoe Pound

  2. Holmes

  3. Ihering

  4. Salmond

  5. Winfield


Correct Option: C
Explanation:

(3) Ihering defined law as "the form of guarantee of the conditions of life of society, assured by the states' power of constraint".

‘Limits of Jurisprudence Defined’ is written by

  1. Jeremy Bentham

  2. John Austin

  3. T. E. Holland

  4. H. L. A. Hart

  5. Salmond


Correct Option: A
Explanation:

(1) 'Limits of Jurisprudence Defined’ is written by Jeremy Bentham.

The term ‘Legal theory’ was coined by

  1. Hans Kelsen

  2. W. Friedman

  3. Salmond

  4. Ronald Dworkin


Correct Option: A
Explanation:

(1) The term ‘legal theory’ was coined by Hans Kelsen.

Who observed that International Law is the vanishing point of jurisprudence?

  1. Austin

  2. Salmond

  3. Starke

  4. Holland


Correct Option: D
Explanation:

(4) According to Holland, International law is the vanishing point of jurisprudence. By using the words "vanishing point" in relation to international law and jurisprudence, he meant that international law and jurisprudence are parallel to each other, and they therefore are distinct and separate, though it might be appearing that they are one and the same at vanishing point.

‘Will Theory’ was criticised by

  1. Locke

  2. Holmes

  3. Puchta

  4. Duguit


Correct Option: A
Explanation:

(1) ‘Will Theory’ was criticised by John Locke.

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