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LUG-102 Jurisprudence - Legal Method, Indian Legal System and Basic Theory of Law 2022-23 · Odd Semester Examination, 2022-23

LLB

Q1 (4x3.5=14)

  1. "The army life of strict discipline and command had its reflection in the Austinian concept of Law." Discuss.
  2. Write a short note on-
    1. Natural law as Justice by nature- Aristotle
    2. Or Fuller's Natural law as inner morality of law
  3. What is legislation? Explain the kinds of sub-ordinate legislation.
  4. Explain Sir Henry Maine's views on the development of law.
  5. Hohfeld's analysis of legal rights. Discuss.
  6. 'A lawmaker acts as a social engineer by attempting to solve problems in society by using law as a tool.' Discuss Roscoe Pound's theory.

Q2 (4x3.5=14)

  1. Write a note on the following-
    1. Absolute Liability
    2. Ratio Decidendi and Obiter Dicta
  2. Write a note on the concept of legal personality.
  3. 'Law as a system of rules - a combination of primary and secondary rules.' Write a note on H.L.A. Hart's contribution to Analytical Positivism.
  4. What is the meaning of Realism? Explain the basic features of the Realist school.
  5. 'Natural law is a virtue.' Write a note on the concept of Dharma.
  6. Explain the nature and scope of Jurisprudence.

Q3 (2x7=14)

  1. Write short notes on the following-
    1. Kinds of obligations
    2. Vicarious Liability
  2. 'Classical law of nature jurists tended to favour the elaboration of systems of concrete and detailed rules which were believed to be directly deducible from human reason.' Explain.
  3. Discuss legislation as a source of law. What are the advantages of legislation as a source of law over other sources of law?

Q4 (2x7=14)

  1. 'Jeremy Bentham is considered the true father of modern Jurisprudence.' Discuss.
  2. Do judges interpret the law or make the law? Support your view with reasons.
  3. Discuss Friedrich Karl Von Savigny's contribution to the development of the Historical school of Law.

Q5 (2x7=14)

  1. 'A theory of law must deal with the law as it is written, not as it should be.' Critically examine Kelson's pure theory of Law.
  2. Law is a means of social control. Throw light upon the functions of law in society.
  3. 'Within humans there is a "divine spark" which helps them to live in accordance with nature.' Discuss the natural law theory and its criticism.

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