1.
Who said: Custom not only precedes legislation
but is also superior to it?
Savigny
2.
Who in his book `Legal Theory` said that “Lawyers
and jurists are more important than legislators in the process of development
of a legal system”?
Freidman
in his book `legal theory`
3.
Who criticed Savigny`s opinion of adopted of
Roman law into German law?
Eichorn,
Beselor, Girke
4.
Criticism of Savigny`s theory
a.
He located Volkgeist in a foreign law (Roman Law)
b.
He was against immediate codification of German
Law
c.
Overlooked other important sources of law, like
legislation, precedent etc
d.
His conception that law is formed on the basis
of popular consciousness is not true in every case, as some laws, like slavery,
are made for benefit of minorities.
e.
Roscoe Pound criticized Savigny for his juristic
pessimism.
f.
Volkgeist was perverted by many dictators and
led to Nazism and Fascism
5.
Effect of Savigny`s on theories of other
jurists:
a.
Henry Maine: Anthropological Theory
b.
Dean Pound: Sociological Approach
c.
Swedish Realist Theory and American Realist
Theory
d.
Ehrlich: Sociology Theory
e.
Ihering: Interest Theory
6.
Who was the disciple of Savigny?
Putcha
7.
Who said “Neither the State nor the people alone
are a source of law but law comes into existence of conflict between individual
and general will”?
Putcha
8.
Who said that self interest of man results into
conflict between his individual will and general will and law comes for
resolving these conflicts?
Putcha
9.
Who said that the State through the
instrumentality of law restrains the individual from exceeding the limits of
his free will, and that it is State which regulates human conduct to implement
General Will by sacrificing individual interest?
Putcha
10.
Who said “What is visible to us is only the
product law, as it has emerged from dark laboratory in which it was prepared
and by which it became real”?
Putcha
11.
About Putcha:
a.
He was disciple of Savigny
b.
He was convinced that customary law was the most
genuine expression of common conviction of man
c.
He considered explicit legislation useful in so
far as it embodied the prevailing national customs and usages.
12.
Who observed that “law is the outcome of the
habits and traditions of the people which they follow voluntarily as a member
of the community? These habits and customs are acquired through necessity,
accident and other processes”?
Hugo
13.
What was the way by which Hugo proposed for
evolution of law?
Where
a community accepts a rule or any command for a long time that rule becomes a
recognized habit of the members to accept it as law and in this way the
evolution of law takes place.
14.
Who is considered to be the fore runner of
Historical Comparative Method?
Henry
Maine
15.
Who has been labeled as `Social Darwinist`?
Henry
Maine, as he envisaged a social order wherein the individual is finally liberated
from feudalistic bondage.
16.
Who wrote the book `Ancient Law`?
Maine
17.
Who wrote the book `Village Communities`?
Maine
18.
Who wrote the book `Early History of
Institutions`?
Maine
19.
Who wrote the book `Dissertation on Early Law
and Custom`?
Maine
20.
Sir Henry Maine through his comparative researches
came to the conclusion that the development of law and other social
institutions has been more or less on an identical patters
21.
What did Maine mean when he said `status`?
As
per Maine the law of the person was to be determined on the basis of his
status, like, slave, ward, servant, and wife. He said that early societies
evolved their relationship being regulated by the law of status which is also
called law of persons.
22.
What was the hierarchy in primitive communities
as proposed by Maine?
Pater
Familiar, then Family Group, many families formed Gens which then led to
formation of Tribes, and a collection of tribes formed commonwealth.
23.
What is `contract` as preferred by Maine?
It
is the evolutionary stage after `status` stage. In contract stage, there is
freedom of individual. Hence, individuals do not rely on status to determine
law, but they can now enter into contract with each other and manage their
rights and liabilities.
24.
Who said that “movement of progressive societies
has been hitherto been from status to contract”?
Maine
25.
What are the four stages of development of law
as per Historical School?
a.
Divine Law: while adjudging, the King was acting
under the divine inspiration of the Goddess of Justice, Themestes
b.
Customary Law: Recurring judgments led to
uniform practice which crystallized into customary laws to be followed in
primitive societies.
c.
Thorough priestly class who considered themselves
well versed in law.
d.
Codification of law
26.
Who said “When a primitive law is embodied in a
Code, there is an end to its spontaneous development and such communities are
static societies. Therefore, if certain changes are desired in law, they have
to be effected deliberately with the conscious desire of development”?
Maine
27.
What are the modes which Maine has proposed for
development of laws in progressive societies?
a.
Legal Fiction: Maine: “any assumption which
conceals or effects to conceal the fact that a rule of law has undergone
alteration, its letter remaining unchanged, its operation being modified”.
Julius Stone called it “swaddling clothes”. A legal fiction pre supposes
certain assumptions made on the basis of which the law assumes certain things
exist which do not exist in reality and thus adopts itself to changing
circumstances.
b.
Equity: Those principles which appeal to conscience
of human beings. Equity principles were invoked to remove the defects existing
in Common Law of England. Later by the Judicature Act of 1873 the Common Law Courts
and the Equity Courts were combined. Following are the jurisdiction of Courts
of Equity:
i.
Exclusive: for which there was no remedy in
English Law
ii.
Concurrent: Under which came those issues for
which there was inadequate remedy in English Law
iii.
Auxiliary: Under which came the procedural part,
and it sought to curtail the rigors of common law
c.
Legislation
28.
Who said “Law is not a command of State but it
is an expression of the general will of the people”?
Vinogradoff
29.
Who analyzed the laws of England during reign of
Henry II and Henry II and came to the conclusion that most of these laws were
based on traditions and customs prevalent in England, and hence considered
customs and historical legal institutions as important sources of law?
Fredrick
Pollock
30.
Who refused to recognize international law as
mere morality and said that it is through international law that nations
regulate their relations inter-se and try to resolve their disputes amicably?
Pollock
31.
Who wrote the book `On the origin of Species`?
Darwin
32.
Who was inspired by Darwin`s work?
Herbert
Spencer. He said that an individual adopts himself to social conditions by
heredity. He inherits a social instinct from his ancestors including ideas of morality,
obligation, rights and justice.
33.
Who gave the racial theory of law?
Adolf
Hitler
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