MCQs with answers on Jurisprudence, Schools of Jurisprudence 3

 Schools of Jurisprudence 3

1. Who among the following is a leading proponent of the Sociological School of Jurisprudence?

(A) H.L.A. Hart
(B) Rudolf von Ihering
(C) John Austin
(D) Hans Kelsen

 Correct Answer: (B) Rudolf von Ihering
Explanation: Ihering emphasized that law should serve social purposes and not merely be a set of rigid commands. He viewed law as a means to ensure social order and welfare.

2. The concept of "Justice according to Law" is associated with which school of jurisprudence?

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

Correct Answer: (C) Analytical School
Explanation: The Analytical School, particularly John Austin, focused on law as a system of rules enforced by the sovereign, rather than being based on morality or social needs.

3. Who among the following is NOT associated with the Natural Law School?

(A) Aristotle
(B) St. Thomas Aquinas
(C) Lon Fuller
(D) H.L.A. Hart

Correct Answer: (D) H.L.A. Hart
Explanation: H.L.A. Hart belongs to the Analytical School, while Aristotle, Aquinas, and Fuller are key figures in Natural Law Theory.

4. Who developed the theory of "Interest Jurisprudence" among the following?

(A) Rudolf von Ihering
(B) Jeremy Bentham
(C) John Locke
(D) Montesquieu

Correct Answer: (A) Rudolf von Ihering
Explanation: Ihering's Interest Theory states that law should protect societal interests and ensure social order rather than focusing only on individual rights.

5. The American Realist School of Jurisprudence focuses on:

(A) The morality of law
(B) The enforcement of legal norms
(C) The practical working of courts
(D) The customs and traditions of society

Correct Answer: (C) The practical working of courts
Explanation: American Legal Realism, led by Oliver Wendell Holmes and Jerome Frank, argues that law is what judges do in reality, rather than just legal rules in books.

6. The theory of "Law as a Means to an End" is associated with which jurist?

(A) H.L.A. Hart
(B) Rudolf von Ihering
(C) Ronald Dworkin
(D) Hans Kelsen

Correct Answer: (B) Rudolf von Ihering
Explanation: Ihering argued that law should be seen as an instrument of achieving societal goals rather than merely a collection of rigid rules.

7. Which school of jurisprudence considers the "growth of law as an evolutionary process"?

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

Correct Answer: (B) Historical School
Explanation: The Historical School, led by Savigny and Henry Maine, sees law as an organic, evolving system influenced by traditions, customs, and historical developments.

8. The "Grundnorm" (Basic Norm) is a concept given by:

(A) John Austin
(B) H.L.A. Hart
(C) Hans Kelsen
(D) Jeremy Bentham

Correct Answer: (C) Hans Kelsen
Explanation: Kelsen’s Pure Theory of Law introduced the idea of a Grundnorm, a foundational legal norm from which all other legal norms derive their validity.

9. The "Brandeis Brief," which emphasized the role of social facts in law, is related to which school?

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

Correct Answer: (B) Sociological School
Explanation: The Brandeis Brief (used in Muller v. Oregon) argued that courts should consider sociological and economic factors, aligning with Sociological Jurisprudence.

10. "Law is a product of the general consciousness of the people." This statement represents which school?

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

Correct Answer: (A) Historical School
Explanation: This view aligns with Savigny’s Volksgeist theory, which holds that law evolves naturally from the customs and collective conscience of society.

11. "Judges make law, not find it." This view is associated with which school?

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

Correct Answer: (A) Realist School
Explanation: The Realist School, particularly Jerome Frank and Karl Llewellyn, holds that judges actively shape law through their decisions rather than merely interpreting existing laws.

12. Which of the following best represents the view of the Analytical School?

(A) Law is a social fact
(B) Law is the command of the sovereign
(C) Law is based on moral principles
(D) Law develops through customs

Correct Answer: (B) Law is the command of the sovereign
Explanation: John Austin, a key Analytical jurist, defined law as the command of the sovereign enforced by sanctions.

13. "Justice, as fairness," is a concept associated with:

(A) John Rawls
(B) Lon Fuller
(C) Jeremy Bentham
(D) H.L.A. Hart

Correct Answer: (A) John Rawls
Explanation: Rawls proposed the Theory of Justice, where he argued that justice is based on fairness, and laws should be framed under the "veil of ignorance."

14. Which school of jurisprudence believes that "law and morality should be strictly separated"?

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

Correct Answer: (B) Analytical School
Explanation: The Analytical School, especially John Austin and Kelsen, argued that law should be studied independently from moral considerations.

15. According to Bentham, which of the following should be the basis of law?

(A) Morality
(B) Custom
(C) Utility
(D) Sovereignty

Correct Answer: (C) Utility
Explanation: Jeremy Bentham’s Utilitarian Theory holds that laws should be based on their ability to maximize happiness and minimize pain in society.