MCQs with answers on Jurisprudence, Schools of Jurisprudence 2

 

Schools of Jurisprudence 2

1. Which school of jurisprudence emphasizes that "law is the command of the sovereign"?

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

Correct Answer: (B) Analytical School
Explanation: The Analytical School of Jurisprudence, led by thinkers like John Austin, views law as a command issued by the sovereign and backed by sanctions. This school is also known as the Imperative School of Law.

2. Who is considered the founder of the Historical School of Jurisprudence?

(A) John Austin
(B) Friedrich Carl von Savigny
(C) Rudolf von Ihering
(D) Montesquieu

Correct Answer: (B) Friedrich Carl von Savigny
Explanation: Savigny, a German jurist, argued that law is not created arbitrarily by the state but evolves over time through the customs, traditions, and spirit (Volksgeist) of a people.

 

3. Which school of jurisprudence focuses on the impact of law on society and its social purpose?

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

Correct Answer: (B) Sociological School
Explanation: The Sociological School emphasizes that law should be studied in relation to society. Thinkers like Roscoe Pound viewed law as a tool for social engineering to balance competing interests.

4. The concept of "Volksgeist" in the Historical School was introduced by:

(A) Jeremy Bentham
(B) Savigny
(C) Herbert Spencer
(D) Duguit

Correct Answer: (B) Savigny
Explanation: "Volksgeist" means the spirit of the people. Savigny believed that law develops organically from a society's culture, customs, and traditions rather than being imposed by the legislature.

5. Who among the following is associated with the Realist School of Jurisprudence?

(A) Karl Marx
(B) John Chipman Gray
(C) Lon Fuller
(D) Hugo Grotius

Correct Answer: (B) John Chipman Gray
Explanation: The Realist School argues that law is what the courts do in practice. Gray, along with Oliver Wendell Holmes and Jerome Frank, emphasized the role of judges and their discretion in shaping law.

6. The "Pure Theory of Law" was propounded by:

(A) Hans Kelsen
(B) H.L.A. Hart
(C) Ronald Dworkin
(D) Roscoe Pound

Correct Answer: (A) Hans Kelsen
Explanation: Kelsen's Pure Theory of Law separates law from morality, politics, and sociology, focusing on law as a normative system. He introduced the concept of the Grundnorm (basic norm).

7. Who among the following is considered the father of the Utilitarian School of Jurisprudence?

(A) Jeremy Bentham
(B) John Locke
(C) Hugo Grotius
(D) Friedrich Savigny

Correct Answer: (A) Jeremy Bentham
Explanation: Bentham's Utilitarianism is based on the principle of utility, meaning that laws should be evaluated by their ability to promote the greatest happiness for the greatest number.

8. The concept of "Social Engineering" in jurisprudence is associated with:

(A) Roscoe Pound
(B) John Rawls
(C) Montesquieu
(D) Karl Marx

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Correct Answer: (A) Roscoe Pound
Explanation: Pound, a leading thinker of the Sociological School, saw law as an instrument for balancing societal interests, which he referred to as Social Engineering.

9. Which school of jurisprudence is closely associated with Karl Marx?

(A) Realist School
(B) Historical School
(C) Marxist School
(D) Sociological School

Correct Answer: (C) Marxist School
Explanation: The Marxist School views law as a ruling class tool to maintain power and control over the working class, emphasizing the role of economic forces in shaping legal structures.

10. The "Rule of Recognition" is a key concept in which school of jurisprudence?

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

Correct Answer: (A) Analytical School
Explanation: H.L.A. Hart, an Analytical jurist, introduced the "Rule of Recognition," which helps in identifying valid legal norms within a legal system.

11. Which of the following best describes the approach of the Realist School of Jurisprudence?

(A) Law is what the judges say it is
(B) Law is a command of the sovereign
(C) Law is derived from moral principles
(D) Law evolves from customs

Correct Answer: (A) Law is what the judges say it is
Explanation: The Realist School focuses on how law actually operates in courts and administrative bodies rather than how it is theoretically defined.

12. Which school of jurisprudence believes that "Law and Morality are inseparable"?

(A) Natural Law School
(B) Analytical School
(C) Realist School
(D) Sociological School

Correct Answer: (A) Natural Law School
Explanation: Natural Law theorists, such as Aristotle, Aquinas, and Fuller, argue that law derives its legitimacy from moral principles.

13. According to Rudolf von Ihering, the primary function of law is to:

(A) Ensure social cohesion
(B) Protect individual liberty
(C) Achieve justice through morality
(D) Serve the interest of the sovereign

Correct Answer: (A) Ensure social cohesion
Explanation: Ihering, a thinker of the Sociological School, emphasized that law is a means of achieving social purpose and harmony rather than just an abstract rule.

14. The "Declaratory Theory of Law" was proposed by:

(A) Blackstone
(B) Savigny
(C) Austin
(D) Kelsen

Correct Answer: (A) Blackstone
Explanation: Blackstone argued that judges do not create law but merely declare and apply existing legal principles.

15. Which school of jurisprudence considers law as a tool for class struggle and economic domination?

(A) Marxist School
(B) Sociological School
(C) Natural Law School

(D) Realist School

Correct Answer: (A) Marxist School
Explanation: The Marxist School, based on Karl Marx’s theories, views law as an instrument used by the ruling class to control economic power and maintain dominance over the working class.