Q.1 Which legal theory emphasizes that law is a command of the sovereign backed by sanctions?
Natural Law Theory
Legal Positivism
Historical School
Sociological Jurisprudence
Explanation - Legal positivism, advocated by John Austin, views law as a command of the sovereign enforced by sanctions, separate from morality.
Correct answer is: Legal Positivism
Q.2 Who is most closely associated with Natural Law Theory?
Thomas Hobbes
Jeremy Bentham
Thomas Aquinas
H.L.A. Hart
Explanation - Thomas Aquinas argued that laws must align with moral principles derived from divine and natural order.
Correct answer is: Thomas Aquinas
Q.3 Which theory focuses on the greatest happiness of the greatest number?
Utilitarianism
Natural Law
Positivism
Realism
Explanation - Utilitarianism, developed by Jeremy Bentham and John Stuart Mill, measures laws by their ability to maximize collective happiness.
Correct answer is: Utilitarianism
Q.4 Legal Realism argues that:
Law is purely moral
Judges’ decisions are influenced by social and personal factors
Law is divine command
Law is eternal and unchanging
Explanation - Legal Realism holds that law is not mechanical but shaped by judges’ biases, experiences, and societal conditions.
Correct answer is: Judges’ decisions are influenced by social and personal factors
Q.5 The Historical School of law emphasizes:
Law as sovereign command
Law as derived from morality
Law as evolving with customs and traditions
Law as based on judicial discretion
Explanation - The Historical School, championed by Friedrich Carl von Savigny, stresses that law develops from societal customs and traditions.
Correct answer is: Law as evolving with customs and traditions
Q.6 H.L.A. Hart contributed most to which legal theory?
Natural Law
Legal Positivism
Utilitarianism
Sociological Jurisprudence
Explanation - Hart refined legal positivism by introducing concepts like primary and secondary rules, distinguishing law from morality.
Correct answer is: Legal Positivism
Q.7 Sociological Jurisprudence emphasizes:
Law as custom
Law as morality
Law as social engineering
Law as divine will
Explanation - Roscoe Pound’s Sociological Jurisprudence views law as a tool to balance competing interests and achieve social harmony.
Correct answer is: Law as social engineering
Q.8 Which philosopher is often linked with the idea that 'man is by nature a political animal'?
Plato
Aristotle
Locke
Kelsen
Explanation - Aristotle argued that law and justice are natural, and human beings inherently live in organized communities.
Correct answer is: Aristotle
Q.9 Hans Kelsen is best known for which theory?
Pure Theory of Law
Natural Law
Utilitarianism
Legal Realism
Explanation - Hans Kelsen’s Pure Theory separates law from politics, morality, and sociology, focusing on its normative structure.
Correct answer is: Pure Theory of Law
Q.10 Jeremy Bentham criticized Natural Law as:
Nonsense upon stilts
Sacred truth
Moral compass
Judicial discretion
Explanation - Bentham dismissed natural rights as 'nonsense upon stilts,' advocating for utilitarianism instead.
Correct answer is: Nonsense upon stilts
Q.11 Which legal theory asserts that law should reflect community values and customs?
Historical School
Positivism
Utilitarianism
Realism
Explanation - The Historical School emphasizes that law grows organically from society’s customs and traditions.
Correct answer is: Historical School
Q.12 The phrase 'rule by law, not by men' best aligns with:
Natural Law
Legal Positivism
Rule of Law
Utilitarianism
Explanation - The Rule of Law principle means governance should be based on established laws, not arbitrary decisions of individuals.
Correct answer is: Rule of Law
Q.13 Which theory distinguishes between 'is' (what law is) and 'ought' (what law should be)?
Natural Law
Positivism
Utilitarianism
Historical School
Explanation - Legal Positivism emphasizes the separation of law (what it is) from morality (what it ought to be).
Correct answer is: Positivism
Q.14 The concept of 'living law' is associated with:
Roscoe Pound
Eugen Ehrlich
Bentham
Aquinas
Explanation - Eugen Ehrlich proposed the concept of 'living law,' the social norms guiding everyday life, beyond state-made laws.
Correct answer is: Eugen Ehrlich
Q.15 John Locke’s legal philosophy emphasized:
Natural rights to life, liberty, and property
Law as sovereign’s command
Utilitarianism
Judicial discretion
Explanation - Locke argued that people have inherent natural rights, and governments must protect them.
Correct answer is: Natural rights to life, liberty, and property
Q.16 Which theory claims law should primarily promote social welfare?
Natural Law
Legal Positivism
Utilitarianism
Historical School
Explanation - Utilitarianism evaluates laws by their ability to maximize social welfare and happiness.
Correct answer is: Utilitarianism
Q.17 Oliver Wendell Holmes Jr. is associated with which legal movement?
Natural Law
Legal Realism
Historical School
Sociological Jurisprudence
Explanation - Holmes argued that the life of law is not logic but experience, a core principle of Legal Realism.
Correct answer is: Legal Realism
Q.18 Which legal theory insists law must conform to universal moral principles?
Natural Law
Legal Positivism
Utilitarianism
Legal Realism
Explanation - Natural Law theory requires that valid laws reflect universal moral order.
Correct answer is: Natural Law
Q.19 According to Austin, laws are effective because they are backed by:
Morality
Divine authority
Sovereign sanctions
Customs
Explanation - Austin’s legal positivism defines laws as commands of the sovereign, enforced through sanctions.
Correct answer is: Sovereign sanctions
Q.20 The concept of 'general will' in law is attributed to:
Hobbes
Locke
Rousseau
Savigny
Explanation - Jean-Jacques Rousseau introduced the idea of the 'general will,' where laws reflect the collective will of the people.
Correct answer is: Rousseau
Q.21 Which legal theory views law as a neutral system of norms, free from politics?
Natural Law
Pure Theory of Law
Realism
Utilitarianism
Explanation - Hans Kelsen’s Pure Theory separates law from external influences, focusing on its internal logic and validity.
Correct answer is: Pure Theory of Law
Q.22 Bentham’s idea of 'hedonic calculus' was used to measure:
Customary law
Moral duty
Pleasure and pain
Judicial power
Explanation - Bentham proposed a 'hedonic calculus' to quantify pleasure and pain for legal and moral decisions.
Correct answer is: Pleasure and pain
Q.23 The statement 'law is what the judge says it is' reflects:
Natural Law
Legal Realism
Historical School
Utilitarianism
Explanation - Legal Realism emphasizes that judicial decisions shape the practical application of law.
Correct answer is: Legal Realism
Q.24 Which philosopher argued that without law, life would be 'solitary, poor, nasty, brutish, and short'?
Locke
Hobbes
Rousseau
Aristotle
Explanation - Thomas Hobbes argued that without law and social contract, human life would be chaotic and violent.
Correct answer is: Hobbes
Q.25 The principle that law must balance competing interests is central to:
Utilitarianism
Sociological Jurisprudence
Positivism
Natural Law
Explanation - Roscoe Pound emphasized balancing social interests through law for harmonious coexistence.
Correct answer is: Sociological Jurisprudence