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.

Explanation:-

• The Word “Personality” is derived from the Greek word “persona” which means a mask used by the greek actors in the drama.
• This mask will express the role and character of the actor performed in the drama.

Additional Information:-

• Personality can be defined as the sum total of a person’s intellectual, emotional, and volitional traits, and it is revealed by his appearance, behavior, habits, relationship with other people which differentiate him as a unique individual.
• According to Taylor:- “ Personality refers to the aggregate of the physical and mental qualities of an individual, these interact in characteristic fashion with the individual’s environment.”

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.

Salmond defined Jurisprudence as the “science of the first principles of the civil law.”

Key Points

• Jurisprudence, as a field of study, involves the theoretical understanding and systematic arrangement of the principles and concepts underlying law and legal systems.
• John William Salmond, a notable jurist and legal scholar, played a pivotal role in the development of legal theory and is renowned for his work in jurisprudence.
• His definition of jurisprudence as the "science of the first principles of the civil law" emphasizes its role as a foundational discipline that seeks to articulate the fundamental concepts and principles that underpin civil law systems.
• Salmond's perspective on jurisprudence aims to provide a deeper understanding of legal reasoning, the nature of legal rights and obligations, and the structure of legal norms and institutions.
• His contributions to legal theory extend beyond this definition, tackling various aspects of law including the nature of law, the distinction between private and public law, and the theoretical underpinnings of legal liability and justice.

The correct answer is Option 3.

Key Points

The Pure Theory of Law provides a comprehensive explanation of moral principles in law.

• Kelsen's Pure Theory of Law deliberately excludes moral principles from its analysis, focusing purely on the legal norms and their hierarchical relationships.
• One of the main criticisms of the theory is that it neglects the role of natural law and moral considerations, while another critique is the difficulty of maintaining the purity of norms without being influenced by social or political factors.

​Dr. Wolfgang Friedmann is recognized for coining the term "legal theory."

Additional Information

• Definition: Legal theory, also known as jurisprudence, involves the theoretical and philosophical discussions around laws and legal systems.
• It seeks to understand the fundamental nature of law, the process of legal reasoning, and the relationship between law, morality, and society.

Contributions of Dr. Friedmann:

• Dr. Friedmann was a notable figure in the world of legal scholarship. His work spanned across various domains of law, including international law and the philosophy of law.
• By coining the term "legal theory," Friedmann played a pivotal role in broadening the scope of how scholars and jurists conceptualize and approach the study of law.
• He encouraged a more nuanced, interdisciplinary approach to understanding laws beyond their immediate application, examining their societal, moral, and philosophical underpinnings.
• His contributions to legal theory have paved the way for deeper explorations into the nature of legal systems, the role of law in society, and the intricate relationship between legal practices and principles of justice and morality.

 Dr. Wolfgang Friedmann's role in coining the term "legal theory" represents a crucial development in legal studies, highlighting the importance of a theoretical and comprehensive approach to the analysis of law. His work has left a lasting impact on how legal scholars and practitioners conceptualize the function and purpose of legal systems in society.

Key Points

Formal Sources:

• These are the sources from which the law derives its force and validity.
• The most prominent example of a formal source of law is legislation, which is the law enacted by the competent authority of the state.
• Formal sources give law its form and legal force.
• Without the process or method provided by formal sources, the content derived from material sources would not have the effect of law.

Material Sources:

• These refer to the external sources that provide the substance of the law.
• Material sources are concerned with the content or the matter of the law but do not, by themselves, endow these contents with the force of law.
• Examples of material sources include customs, judicial decisions, expert opinions, and social needs.
• Material sources help in the crafting and shaping of laws by providing the necessary substance.

Salmond:

• As a jurist, he made significant contributions to the understanding of legal theory.
• His classification of the sources of law into formal and material categories helps in distinguishing between the authority by which laws are recognized (formal sources) and the external influences or factors that contribute to the creation of laws (material sources).
• This distinction is fundamental in legal theory as it clarifies the process of how laws are formed and recognized

The correct answer is Utilitarian individualism.

Key Points

• Bentham's theory is based on utilitarianism, which focuses on maximizing individual happiness. He advocated that laws should promote "the greatest happiness for the greatest number," emphasizing individual welfare as a key aspect of legal policy.
• Jeremy Bentham's theory of utilitarianism is based on the principle that the rightness or wrongness of an action depends on its consequences, specifically the amount of pleasure or pain it produces.
• Bentham believed that human beings are motivated by two fundamental forces: pleasure and pain. Actions that increase pleasure are morally right, while those that increase pain are wrong.
• Bentham also criticized existing legal systems, arguing that laws were often too complex, unclear, and difficult for ordinary people to understand. He advocated for laws to be simplified so they could be more accessible and better promote the greatest happiness for the greatest number of people, which is the core idea of utilitarianism.

Jeremy Bentham, a leading theorist in Anglo-American philosophy of law and one of the founders of utilitarianism, believed in the principle of the greatest happiness for the greatest number.

Key Points

Jeremy Bentham was a British philosopher, jurist, and social reformer, regarded as the founder of modern utilitarianism. His principle of utility advocates for laws and actions to maximize the greatest happiness for the greatest number. The key concept here is "utilitarianism," which emphasizes the balance of pleasure and pain in determining the morality of actions.

• Bentham's ideas suggest that the best policies or laws are those that promote overall happiness and reduce suffering.
• Based on Bentham's philosophy, here are the reasons why options:  (ii) subsistence, (iii) abundance, (iv) equality, and (v) security align with his goals:

Subsistence:

• Essential for survival and well-being.
• Laws ensuring that people have the basics for living contribute to minimizing pain (reducing suffering) and maximizing happiness by covering fundamental needs.

Abundance:

• Goes beyond subsistence, ensuring that people have more than the essentials.
• Promotes happiness by providing a buffer against scarcity and enabling individuals to engage in activities that bring them joy, thus adhering to utilitarian principles.

Equality:

• Ensures that happiness and resources are distributed fairly.
• A society with higher equality tends to have fewer social conflicts, resulting in greater overall happiness and stability. By promoting fairness, laws cater to the happiness of a broader population.

Security:

• Fundamental for individuals to live without fear of harm or instability.
• When people feel secure, they are more likely to engage in productive activities and enjoy well-being, which contributes to societal happiness. Security reduces the fears and uncertainties that can lead to suffering.

These components support Bentham's utilitarian framework by contributing to a societal structure where the laws and policies aim for the greatest happiness by ensuring the basic needs are met (subsistence), promoting an environment of prosperity (abundance), fostering a fair and just society (equality), and safeguarding the well-being and stability of its members (security).

The correct answer is Option 2.

Key PointsPositive law is the body of rules imposed by sovereign authority.

• Austin’s theory of jurisprudence focuses on "positive law," which he defines as the commands issued by a sovereign and backed by sanctions.
• This form of law is distinct from moral or ideal law. His theory places emphasis on the authority of the sovereign and the enforcement of legal duties.

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