Jurisprudence MCQ Quiz - Objective Question with Answer for Jurisprudence - Download Free PDF

The correct answer is 'Thomas Hobbes'

Key Points

• Thomas Hobbes and 'Leviathan':
  • Thomas Hobbes (1588–1679) was an English philosopher known for his work in political philosophy.
  • His seminal work, Leviathan, published in 1651, is a treatise on the structure of society and legitimate government.
  • Hobbes argued for a social contract and the necessity of a strong, centralized authority to avoid the chaos of the "state of nature," which he famously described as "solitary, poor, nasty, brutish, and short."
  • He believed that without a powerful sovereign (referred to as the Leviathan), human beings would be in constant conflict due to their selfish and competitive nature.
  • The book laid the foundation for modern political philosophy and is still studied for its insights into governance and social order.

Additional Information

• Incorrect Options:
  • John Locke:
    • John Locke (1632–1704) was an English philosopher often regarded as the "Father of Liberalism."
    • He authored works such as Two Treatises of Government, in which he argued for the protection of natural rights (life, liberty, and property) and advocated for limited government based on the consent of the governed.
    • While Locke also discussed the social contract, his views were more optimistic compared to Hobbes' emphasis on the necessity of an authoritarian government.
  • Jean-Jacques Rousseau:
    • Jean-Jacques Rousseau (1712–1778) was a French philosopher and writer known for his work The Social Contract.
    • Rousseau believed in the concept of the "general will" and advocated for a form of direct democracy where sovereignty resides with the people.
    • His ideas differ from Hobbes as Rousseau emphasized freedom and collective decision-making rather than an authoritarian sovereign.
  • Montesquieu:
    • Montesquieu (1689–1755) was a French political philosopher best known for his work The Spirit of the Laws.
    • He introduced the concept of the separation of powers into three branches: legislative, executive, and judicial, to prevent tyranny.
    • Montesquieu's ideas had a significant influence on modern democratic governance but were fundamentally different from Hobbes' advocacy of a strong, centralized authority.

The correct answer is 'Jerome Frank'

Key Points

• 'Law and the Modern Mind':
  • This book was authored by Jerome Frank and was published in 1930.
  • It is a seminal work in the realm of legal realism, a school of thought that challenges traditional legal formalism.
  • Frank argued that legal decisions are influenced by psychological factors, personal biases, and emotional tendencies rather than being purely the result of logical application of legal rules.
  • The book critiques the notion that law is entirely predictable and highlights the human element in judicial decision-making.
  • It emphasizes the role of uncertainty in law, asserting that the behavior and psychology of judges play a significant role in shaping legal outcomes.

Additional Information

• Overview of other options:
  • H.L.A. Hart:
    • H.L.A. Hart was a prominent legal philosopher and the author of 'The Concept of Law' (1961).
    • His work focused on legal positivism and the nature of law, but he did not author 'Law and the Modern Mind.'
  • John Austin:
    • John Austin was an early legal positivist known for his theory of law as commands issued by a sovereign.
    • His key work is 'The Province of Jurisprudence Determined' (1832), not 'Law and the Modern Mind.'
  • Fali Sam Nariman:
    • Fali Sam Nariman is a renowned Indian jurist and constitutional expert.
    • He has authored works like 'Before Memory Fades,' but he is not associated with 'Law and the Modern Mind.'
• Significance of Jerome Frank's work:
  • Jerome Frank's ideas laid the foundation for the legal realism movement, which focuses on the real-world functioning of law and judicial processes.
  • The book's insights remain relevant in understanding the complex interplay of human psychology and legal decision-making.

The correct answer is 'Commentaries on the Laws of England by William Blackstone'

Key Points

• William Blackstone’s Contribution:
  • William Blackstone was a renowned English jurist and legal scholar. His work, ‘Commentaries on the Laws of England’, published in 1765–1769, is considered one of the most influential texts in the history of English law.
  • The ‘Commentaries on the Laws of England’ systematically organized English common law, making it accessible to scholars, lawyers, and the general public.
  • It is divided into four volumes, covering rights of persons, rights of things, private wrongs, and public wrongs. This structure laid the foundation for legal education and practice in England and later influenced legal systems in other countries, including the United States.
  • The book is celebrated for its clarity and detailed explanations of English legal principles, helping to establish common law as a coherent and systematic legal tradition.

Additional Information

• Overview of Incorrect Options:
  • John Austin:
    • John Austin was a legal philosopher known for his theory of legal positivism, which emphasized the separation of law and morality. His major work, ‘The Province of Jurisprudence Determined’, does not deal with English common law but rather focuses on the philosophy of law.
    • While influential, Austin’s work is distinct from Blackstone's systematic analysis of English law.
  • Jeremy Bentham:
    • Jeremy Bentham was a legal theorist and philosopher best known for his advocacy of utilitarianism. He criticized Blackstone’s ‘Commentaries on the Laws of England’, arguing that it lacked analytical rigor and supported outdated legal practices.
    • Bentham’s contributions focused on legal reform and the creation of a codified legal system, rather than documenting existing laws.
  • H.L.A. Hart:
    • H.L.A. Hart was a 20th-century legal philosopher famous for his work ‘The Concept of Law’, which explored the nature of legal systems and their relationship with rules and morality.
    • Hart’s work is theoretical and does not involve the systematic commentary on English common law, as Blackstone did.

The correct answer is 'John Austin's 'The Province of Jurisprudence Determined'.

Key Points

• John Austin and 'The Province of Jurisprudence Determined':
  • John Austin was a prominent English legal philosopher of the 19th century, recognized as a foundational figure in the field of analytical jurisprudence.
  • In his seminal work, 'The Province of Jurisprudence Determined' (published in 1832), Austin developed a systematic approach to understanding and analyzing the law.
  • He emphasized the concept of law as a "command" issued by a sovereign authority, backed by sanctions, and distinguished law from morality, custom, and other social norms.
  • Austin’s theory is often referred to as "legal positivism," which asserts that law is a human-made construct, separate from ethical or moral considerations.
  • His work laid the foundation for modern legal positivism and inspired later thinkers like H.L.A. Hart.

Additional Information

• Other options and why they are incorrect:
  • H.L.A. Hart:
    • H.L.A. Hart was a 20th-century legal philosopher known for his work 'The Concept of Law' (1961).
    • Hart critiqued and expanded upon Austin’s legal positivism, introducing concepts like the "rule of recognition" and the distinction between primary and secondary rules.
    • However, Hart did not author 'The Province of Jurisprudence Determined'.
  • Jeremy Bentham:
    • Jeremy Bentham was an 18th-19th century philosopher and social reformer, regarded as the founder of utilitarianism and a significant influence on legal positivism.
    • Bentham’s major works include 'An Introduction to the Principles of Morals and Legislation', but he did not write 'The Province of Jurisprudence Determined'.
    • Austin himself was heavily influenced by Bentham’s ideas.
  • Hans Kelsen:
    • Hans Kelsen was a 20th-century jurist known for his "Pure Theory of Law," which sought to create a science of law free from sociological, political, and moral influences.
    • Kelsen’s major work, 'The Pure Theory of Law', offers a different perspective on legal positivism but is unrelated to Austin’s work.
    • He is not the author of 'The Province of Jurisprudence Determined'.

The correct answer is 'H.L.A. Hart'

Key Points

• About H.L.A. Hart and 'The Concept of Law':
  • H.L.A. Hart was a prominent British legal philosopher and a key figure in the field of legal positivism.
  • His book, The Concept of Law (1961), is considered one of the most significant works in legal philosophy, providing a comprehensive analysis of the nature of law and its relationship to morality, authority, and society.
  • The book introduces the concept of the "rule of recognition," which explains how legal systems identify valid laws. Hart argues that legal systems are composed of primary rules (rules of conduct) and secondary rules (rules about rules).
  • Hart's work bridges the gap between legal positivism and other theories, such as natural law, by emphasizing the importance of social practices in understanding law.

Additional Information

• John Austin:
  • John Austin was an English legal theorist known for his work on legal positivism, particularly his "command theory of law."
  • His key work, The Province of Jurisprudence Determined, argues that laws are commands issued by a sovereign and backed by sanctions.
  • Austin's views differ from Hart's as Hart focuses on the internal aspect of legal rules and social practices, while Austin emphasizes coercion and authority.
• Ronald Dworkin:
  • Ronald Dworkin was a legal philosopher critical of legal positivism and Hart's theories.
  • In his book Taking Rights Seriously, Dworkin argues that law is not just a system of rules but also incorporates principles, such as justice and fairness, which guide judicial decisions.
  • Unlike Hart, Dworkin emphasizes the role of moral reasoning in the interpretation of law.
• John Rawls:
  • John Rawls was a political philosopher best known for his theory of justice, as outlined in A Theory of Justice.
  • Rawls's work focuses on the principles of justice that should govern the basic structure of society, rather than the nature or structure of legal systems.
  • While Rawls's work has implications for law, it is not directly related to the legal positivism explored by Hart.

The correct answer is Option 1.

Key Points

• The fundamental principle of penal liability is 'Actus non facit reum, nisi mens sit rea', it means 'there can be no crime without a guilty mind'. The intent and act must both occur to constitute a crime.
• Mens rea must extend the three parts of an act:
  • the physical doing or not doing
  • the circumstances
  • the consequences
• If the mens rea does not extend to any part of the act, there will be no guilty mind behind the act.
• Criminal liability has to be established by the proof of some act which is dangerous from the legal point of view and at the same time, the proof of actual damage which is commonly necessary in cases of civil liability is not required.
• Criminal liability is mainly penal.

The correct option is 'A - III, B - I, C - IV, D - II​'.

Key Points

• Jurisprudence is science of just and unjust - Ulpian.
  • Ulpian defined jurisprudence as the science of the just and unjust, focusing on the principles of justice and morality within the legal system.
• Jurisprudence is science of first principle of law - Salmond.
  • Salmond viewed jurisprudence as the science of the first principles of the civil law, emphasizing the foundational theories and concepts underlying legal systems.
• Digitizer pad philosophical aspect of law - Cicero.
  • Cicero contributed to the philosophical aspects of law, integrating moral philosophy with legal principles to form a cohesive understanding of jurisprudence.
• Jurisprudence is no more a formal science than physiology - Gray.
  • Gray argued that jurisprudence, like physiology, is not merely a formal science but involves practical and empirical study of legal systems and their functioning.

Therefore the correct pairing is:

A - III: Jurisprudence is science of just and unjust - Ulpian

B - I: Jurisprudence is science of first principle of law - Salmond

C - IV: Digitizer pad philosophical aspect of law - Cicero

D - II: Jurisprudence is no more a formal science than physiology - Gray

Key Points

Statement (I) Analysis:

• The doctrine of stare decisis, which means "to stand by things decided," is a legal principle that requires courts to follow the rulings of previous cases in similar circumstances.
• This doctrine has indeed developed significantly with the advancement in law reporting. Law reporting, which involves the systematic documentation of court decisions, has made it easier for courts to access and review past rulings.
• Without comprehensive law reporting, the application of the doctrine of stare decisis would be challenging, as it would be difficult for courts to find and apply previous decisions.

Hence, Statement I is correct.
Statement (II) Analysis:

• India inherited much of its legal system from British colonial rule, including the common law system, which relies heavily on the doctrine of precedent and, by extension, on law reporting.
• The system of law reporting in India is indeed well-developed, mirroring the tradition of detailed law reporting found in English law. This has facilitated the application of the doctrine of stare decisis in India, allowing for consistency and predictability in legal decisions.
• The Indian legal system has adapted and expanded upon the English law reporting system, incorporating its own legal principles and decisions, but the foundation remains rooted in the practices established under English law.

Hence, Statement II is correct.
Conclusion:
Both Statement I and Statement II are correct as they accurately describe the development and significance of the doctrine of stare decisis in relation to law reporting, and the influence of English law on the Indian legal system's approach to law reporting.
Therefore, the correct answer is option 1.

Key Points

Correct Answer: Mandate
Explanation: Jeremy Bentham, a prominent figure in the development of utilitarianism, preferred the term "mandate" to describe his concept of an imperative law. In his view, laws are commands or mandates issued by a sovereign to the people, outlining what actions are obligatory, permitted, or forbidden. Bentham's legal theory emphasizes that laws function as directives from an authority, aiming to guide human behavior in a way that maximizes overall happiness or utility.
Other Options:
Firman: Incorrect because a Firman is historically a decree or an order issued by a sovereign or a ruler, especially in the Ottoman Empire or Persia. While it does imply a command, it is not the term Bentham used to describe his concept of law.
Dictate: Incorrect although it conveys a sense of command or order, "dictate" was not the specific term Bentham chose to encapsulate his understanding of law. Dictate can imply a more unilateral and possibly oppressive form of command, which doesn't fully capture Bentham's nuanced view on laws as tools for maximizing utility.
Fiat: Incorrect because "fiat" refers to an authoritative or arbitrary order, often without consultation or consideration of the wider implications. While laws can be seen as authoritative orders, Bentham's use of "mandate" suggests a more structured and reasoned approach to law-making, rooted in the principle of maximizing happiness.

Correct Answer Command, sovereign, sanction

Key Points

• John Austin, the father of English jurisprudence.
• He was an English legal theorist, who was born in 1790 
• He served as an army officer for five years till 1812. 
• He went to the bar in 1818. 
• He devoted his attention to equity, draftsmanship, and legal practice.
• He attributes command, sanction, duty, and sovereignty as the four essential attributes of positive law. 
• Austin distinguishes positive law from positive moralities which are devoid of any legal sanction and identifies law with command duty and sanction.

The correct answer is Julius Stone

Key Points

• Julius Stone:
  • Julius Stone, a renowned legal philosopher, made the statement "Jurisprudence is nothing but the Lawyer's Extraversion."
  • He emphasized that jurisprudence involves the external application and interpretation of law by lawyers and judges.
  • Stone's work often focused on the sociological aspects of law and its practical implications.

Additional Information

• Bentham:
  • Jeremy Bentham was an English philosopher and jurist, known for founding modern utilitarianism.
  • He did not make the statement in question, but contributed significantly to legal theory and the philosophy of law.
• Austin:
  • John Austin was a British legal theorist who is best known for his work on the theory of legal positivism.
  • He focused on the separation of law and morality but did not make the statement attributed to Julius Stone.
• Holland:
  • Thomas Erskine Holland was a British jurist and legal scholar known for his works on international law.
  • Holland did not make the statement in question; his contributions were more focused on legal definitions and classifications.

The correct answer is 'Law is found, not made.'

Key Points

• Historical School of Jurisprudence:
  • The Historical School of Jurisprudence asserts that law is a product of the historical development of society and is deeply rooted in the customs and traditions of the people.
  • According to this school, law is not created by the legislature or judges but is discovered through the historical evolution of societal norms and customs.
  • Friedrich Carl von Savigny is a notable proponent of this school, emphasizing that law is a manifestation of the people’s spirit (Volksgeist).

Additional Information

• Other Options Explained:
  • Law is what the Judges declare:
    • This view aligns more with the Realist School of Jurisprudence, which emphasizes the role of judges in creating law through their decisions.
  • Law is made, not found:
    • This perspective is associated with the Analytical School of Jurisprudence, which posits that law is a set of commands issued by a sovereign authority and is constructed rather than discovered.
  • Law is the command of sovereign:
    • This view is central to Legal Positivism, particularly the theories of John Austin, who argued that law is a command issued by the sovereign backed by sanctions.

The correct answer is 'Realist school'

Key Points

• Realist school:
  • The Realist school of jurisprudence is known as the 'Left Wing of the functional school'.
  • This school focuses on the actual practices of the courts and the real-world effects of legal decisions, rather than abstract principles.
  • It emphasizes that law is not a set of rules but a product of judicial decisions influenced by social, economic, and political factors.
  • Realists argue that judges' personal biases and societal pressures significantly shape legal outcomes.

Additional Information

• Sociological school:
  • This school views law as a social institution that must evolve with society.
  • It emphasizes the relationship between law and society and aims to make law a tool for social engineering and reform.
  • However, it is not specifically referred to as the 'Left Wing of the functional school'.
• Analytical school:
  • The Analytical school, also known as the positivist school, focuses on the logical structure of law and its formal characteristics.
  • It deals with law as it is (positive law), rather than how it ought to be.
  • This school does not emphasize the functional or practical aspects of law, thus not fitting the description of the 'Left Wing of the functional school'.
• Philosophical school:
  • Also known as the Natural Law school, it focuses on the moral and ethical dimensions of law.
  • It argues that law should reflect moral principles and universal truths.
  • This school is more concerned with what law ought to be rather than its practical application, making it different from the Realist school.

The correct answer is 'Kelson'

Key Points

• Kelson's View:
  • Hans Kelsen, a renowned jurist and legal philosopher, is known for his theory of law and the idea that there is no fundamental difference between public and private law.
  • Kelsen argued that both public and private law are part of a unified legal system and should be understood as such.
  • His perspective stems from his Pure Theory of Law, which seeks to describe law as a system of norms, distinct from moral or social norms.

Additional Information

• Austin:
  • John Austin, a legal theorist, is best known for his work on legal positivism and the concept of law as commands issued by a sovereign.
  • Austin did not specifically address the distinction between public and private law in the manner Kelsen did.
• Maine:
  • Henry Maine was an English jurist and historian known for his work on ancient law and the development of legal institutions.
  • Maine focused more on the evolution of law from status to contract rather than the distinction between public and private law.
• Pound:
  • Roscoe Pound was an influential American legal scholar known for his contributions to sociological jurisprudence.
  • Pound emphasized the role of law in society and the importance of balancing competing interests but did not specifically argue against the distinction between public and private law.

The correct answer is 'Absolute duty'

Key Points

• Absolute duty:
  • An absolute duty is one that exists without a corresponding right. This means that the duty must be performed regardless of whether there is a beneficiary who can claim a right from it.
  • Examples of absolute duties include moral or ethical obligations that an individual may feel compelled to perform.
  • Absolute duties are binding and obligatory, often stemming from laws or ethical principles, without the necessity of a reciprocal entitlement.

Additional Information

• Relative duty:
  • A relative duty is one that corresponds to a specific right. For example, if person A has a duty to pay person B, person B has the right to receive the payment.
  • Relative duties are mutual and reciprocal, meaning that the existence of the duty implies the existence of a corresponding right.
• Secondary duty:
  • Secondary duties are contingent upon the failure to perform a primary duty. For example, if a primary duty is breached, a secondary duty might involve providing compensation.
  • These duties are not absolute as they depend on the occurrence of certain conditions or breaches of primary duties.
• None of the above:
  • This option is incorrect because the correct classification of duties without a corresponding right is 'Absolute duty'.
  • None of the other options accurately describe duties without corresponding rights.