MCQs with answers on Jurisprudence, Schools of Jurisprudence 1

 Jurisprudence 

Schools of Jurisprudence 1

1. Which of the following schools of jurisprudence emphasizes the connection between law and the will of the sovereign?

A) Historical School
B) Sociological School
C) Analytical School
D) Realist School

Answer: C) Analytical School

Explanation:
The Analytical School, also known as Legal Positivism, focuses on law as a command of the sovereign, as John Austin advocates. It considers law independent of morality and sees legal authority as coming from a recognized power.

2. Who among the following is NOT associated with the Historical School of Jurisprudence?

A) Friedrich Savigny
B) Henry Maine
C) Rudolf von Ihering
D) H.L.A. Hart

Answer: D) H.L.A. Hart

Explanation:
H.L.A. Hart was a Legal Positivist (Analytical School), whereas Savigny, Maine, and Ihering were proponents of the Historical School, emphasising the evolution of law through customs and traditions.

3. Which school of jurisprudence focuses on studying law through court decisions and judicial behaviour?

A) Analytical School
B) Natural Law School
C) Historical School
D) Realist School

Answer: D) Realist School

Explanation:
The Realist School (Oliver Wendell Holmes, Karl Llewellyn) believes that law is what judges decide in actual cases rather than what is written in statutes or codes.

4. The idea that "law should adapt to changing social needs" is primarily advocated by which school?

A) Natural Law School
B) Sociological School
C) Historical School
D) Analytical School

Answer: B) Sociological School

Explanation:
The Sociological School (Roscoe Pound, Eugen Ehrlich) argues that law should be flexible and evolve according to social changes.

5. Which school of jurisprudence argues that law is a set of norms forming a hierarchy, with the "Grundnorm" at the top?

A) Historical School
B) Analytical School
C) Pure Theory of Law
D) Sociological School

Answer: C) Pure Theory of Law

Explanation:
Hans Kelsen’s Pure Theory of Law sees law as a structured hierarchy of norms, where the Grundnorm (Basic Norm) is the foundation of legal validity.

6. The "Volksgeist" theory, which states that law is rooted in the spirit of the people, belongs to which school?

A) Analytical School
B) Historical School
C) Sociological School
D) Realist School

Answer: B) Historical School

Explanation:
Friedrich Savigny, a key figure in the Historical School, introduced the Volksgeist (spirit of the people) concept, arguing that law develops from a community’s traditions and customs.

7. Which school of jurisprudence treats law as an instrument of economic control and class struggle?

A) Natural Law School
B) Marxist Jurisprudence
C) Analytical School
D) Historical School

Answer: B) Marxist Jurisprudence

Explanation:
Karl Marx and his followers viewed law as a tool for maintaining the dominance of the ruling economic class, advocating for a classless society in which law would become unnecessary.

8. Who among the following argued that "law is a prediction of what courts will do in fact"?

A) Oliver Wendell Holmes
B) H.L.A. Hart
C) Jeremy Bentham
D) Lon Fuller

Answer: A) Oliver Wendell Holmes

Explanation:
Holmes, a Legal Realist, believed that law is best understood as a forecast of judicial decisions rather than a set of abstract principles.

9. Which school of jurisprudence insists that "law is a command backed by sanctions"?

A) Sociological School
B) Analytical School
C) Historical School
D) Realist School

Answer: B) Analytical School

Explanation:
John Austin’s Command Theory states that law is a command of the sovereign, enforced by sanctions.

10. Which jurist is associated with the idea that "law should reflect the greatest happiness for the greatest number"?

A) Hans Kelsen
B) Jeremy Bentham
C) Henry Maine
D) Lon Fuller

Answer: B) Jeremy Bentham

Explanation:
Bentham’s Utilitarianism promotes the "greatest happiness of the greatest number" as the primary goal of law.

11. Who among the following is known for the "Theory of Interests" in law?

A) Rudolf von Ihering
B) Savigny
C) H.L.A. Hart
D) Austin

Answer: A) Rudolf von Ihering

Explanation:
Ihering, a Historical School jurist, introduced the Interest Theory of Rights, arguing that law exists to balance and protect social interests.

12. Which school of jurisprudence argues that law should be studied empirically, based on its real-world application?

A) Natural Law School
B) Analytical School
C) Realist School
D) Historical School

Answer: C) Realist School

Explanation:
Legal Realism focuses on how law functions in actual cases, emphasizing practical judicial decisions over theoretical rules.

13. Which of the following is NOT a characteristic of Legal Positivism?

A) Law is independent of morality
B) Law is derived from sovereign commands
C) Law must align with ethical principles
D) Law is a set of logically structured rules

Answer: C) Law must align with ethical principles

Explanation:
Legal Positivists separate law from morality, arguing that law is valid based on its source (sovereign power), not its moral content.

14. Which school of jurisprudence believes that "justice is a matter of social utility"?

A) Utilitarianism
B) Historical School
C) Sociological School
D) Realist School

Answer: A) Utilitarianism

Explanation:
Utilitarian Jurists like Bentham and Mill argue that justice is about maximizing social benefit and minimizing harm.

15. Who among the following is associated with the concept of "law as social engineering"?

A) H.L.A. Hart
B) Hans Kelsen
C) Roscoe Pound
D) John Austin

Answer: C) Roscoe Pound

Explanation:
Roscoe Pound, a Sociological Jurist, viewed law as a tool for balancing societal interests, coining the term "law as social engineering."