Philosophical or Ethical School
1.
What is the basis and premise of Ethical or
Philosophical School?
Law
is a product of reason, intuition, ethics, morality, etc. Law being based on
`reason` cannot be isolated from ethics. Law must be based on ethical values so
as to motivate people for an upright living. The school is not concerned with
the historical past nor with the analytical present, but with future of law as
it ought to be. “It considers law as the means by which the individual`s will
is harmonized with the general will of the community.”
2.
Who said “true law is right reason in agreement
with nature”
Cicero
3.
___________ is the common ground of moral and
legal philosophy, and of ethics and jurisprudence.
Philosophical
Jurisprudence
4.
Who is considered the father of philosophical
jusrisprudence?
Hugo
Grotius
5.
Who wrote the book `law of war and peace`?
Grotius
6.
Who said that natural law springs from the
social nature of man and the natural law as well as positive morality, both are
based on the notion of righteousness?
Grotius
7.
Grotius was of the opinion that the coercive
force of the State is not the real sanction behind rule, what was as per
Grotius the real sanction?
Censure
of public disapprobation
8.
From which philosophy was Grotius inspired?
Natural
law
9.
Who was the propounder of the theory of social
contract for origin of state?
Thomas
Hobbes
10.
Who observed “State as well law, both are the
product of General Will of the people”?
Rousseau
11.
What is volente
generale General Will according to Rousseau?
The
real source of state, sovereignty, law, rights, and liberties of subject was
the general will of the community as a whole and therefore, as per Rousseau the
concept of law, sovereignty, state etc were interchangeable.
12.
Who in his own metaphyscical theory said that
ethics and law are not one and the same thing?
Immanuel
Kant
13.
How did Kant differentiate between ethics and
law?
He
said that ethics deals with inner life of the individual and law deals with and
regulates external conduct. His legal theory is modeled on what law ought to
be.
14.
Who said “Law is the sum total of the conditions
under which the personal wishes of man can be reconciled with the personal wishes of other man according to a
general law of freedom”?
Kant
15.
Who wrote the book `A critique of pure reason`?
Kant
16.
Who said “The freedom of man to act according to
his will and the ethical postulates are mutually corealtive because no ethical
postulate is possible without man`s freedom of self determination”?
Kant
17.
What is the name given by Kant to ethical
postulates which form the basis of his moral and legal theory?
Categoriacal
Imperative
18.
What does Kant mean by `Categorical Imperative`?
A
man should act in such a way that his maximum actions could be made the maximum
of a general action.
19.
Who wrote book `Philosophy of law`?
Kant
20.
Who defined law as “Law is the aggregate of the
conditions under which the arbitrary will of one individual may be combined
with that of another under a general inclusive law of freedom”?
Kant
21.
What are the view of Kant on `compulsion` and
`right`?
He
considered compulsion as an essential element of law and right, the power to
compel.
22.
Who believed that property is an expression of
personality of man?
Kant
23.
About Immanuel Kant:
a.
Law to be acceptable to people in general should
have within it an element of justness, Legislation could be effective only when
it represents the united will of the people.
b.
Categorical Imperative is a moral obligation and
is derived from duty, hence categorical imperative must always be followed.
Other moral obligations are also generated from Categorical Imperative.
c.
He believed that `to follow the law is to be
just`.
d.
Justice lies in whatever is lawful. The laws
must be metaphysical and derived from reason in order to be just.
e.
He wrote the book `Metaphysical Elements of
Justice`.
f.
He believed that in order to be effective the
International Law, must have an international authority superior to member
states.
g.
He believed in doctrine of freedom of will.
24.
Who deduced his legal theory from the inherent self-consciousness
of a reasonable man?
Fitche
25.
Who said “It is the moral duty of every person
to respect the liberty of others, but a legal duty to do is dependant on
reciprocity”?
Fitche
26.
Who said that function of law is to `reconcile
conflicting egos in society`?
Hegel
27.
About Hegel:
a.
Reconciliation of conflicting egos is achieved
by merger of self centered consciousness of each ego resulting into universal consciousness.
b.
Freedom of each ego is limited by like freedom
of other egos.
c.
He was of the opinion that all laws must conform
to dynamic changes in society for thr purposeful attainment of human perfection
d.
He emphasized three kinds of functions of the
State:
e.
State is not the embodiment of the common will
or the will of majority, but of the rational will.
f.
His most important contribution was the idea of
evolution of law.
28.
Explain Thesis, Antithesis, Synthesis as per
Hegel.
A
thesis becomes a leading idea in a particular time. Later objections and
criticisms are generated against it setting up antithesis, which later results
into synthesis and evolution of law takes place consequently.
29.
Like the premise of Philosophical School who
said that “law is the means by which the individual will is harmonized with the
general will of the community”?
Scbelling
30.
What is the main defect of philosophical school
of law?
The
faulty assumption that ideal law is discoverable by reason and the actual
system of law should correspond to this reason based law.
31.
Who wrote the book `Philosophy of Law` apart
from Kant?
Kohler
32.
Who said about law “the standard of conduct
which in consequences of the inner impulse that urges man towards a reasonable
form of life, emanates from the whole, and is forced upon the individual”?
Kohler
33.
Who said “Formation of Jural Postulates of the
time and place is one of the most important achievements of recent legal
science”?
Roscoe
Pound
34.
Who wrote the book `Interpretation of Legal
History`?
Roscoe
Pound
35.
Who wrote the book `The Theory of Justice`?
Stammler
36.
Who wrote the book `Theory of Law`?
Stammler
37.
Who is known as the neo Kantian?
Rudolph
Stammler
38.
What was the belief of Stammler regarding
philosophical school and historical school?
Despite
their differences in rules and principles, both schools can work together in fulfillment
of social ideal.
39.
About Stammler:
a.
He believed in `just law`,
b.
A just law furthers social ideal, i.e,
harmonizes individual interests with those of society.
c.
Social ideal represents the unity of individual
purposes.
d.
Believed that law is a volition, and relates to
willingness of the persons for whom it is made.
40.
Who said “There is not a single rule of law the
positive content of which can be fixed a priori”?
Stammler
41.
Who wrote the book “Legal Theory”
Freidman
42.
Who gave the concept of donnes?
Geny
43.
What does Geny mean by donnes?
These
are certain actual factors like customs, environment, reasonability and
morality in law. Geny believed that the positive law to be operative must
contain these certain immutable factors.
44.
Who believed that human mind could discover
rules of justice unaided by positive law?
Del
Vehico
45.
Who wrote the book `Formal Bases of Law`?
Del
Vehico
46.
Who said “Since Benthem`s time English legal
thought has become unduly narrow and devoid of imagination, it hardly gives any
place to philosophy, ethics or sociology in the formulation of laws”?
Robson
47.
Who wrote the book `Civilization and the Growth
of Law`?
Robson
48.
Who wrote the book `Austinian Theory of Law`?
Jethro
Brown
49.
Who defined law as “An expression of the general
will affirming an order which will be enforced by the organized might of the
state and directed to the realization of some real or imaginary good”?
Jethro
Brown
50.
Who said that notion of justice is a
socio-ethical phenomenon and therefore an absolute justice is an irrational
ideal and one of the eternal illusions of mankind?
Kelson
51.
Who said “longing for justice is longing for
happiness and happiness is sought in society”?
Kelson
52.
Who defined justice as “a principle guaranteeing
the individual happiness of all subjects, into a social order protecting
certain interests socially recognized by the majority as worthy of being
protected”?
Benthem
53.
Who said that justice is a virtue and it occurs
within state which distinguished between just actions and unjust actions?
Aristotle
54.
What is Aristotle`s concept of justice?
a.
Law should be capable of being complied by those
to whom it is addressed,
b.
It must treat equally those who are similarly
situated in all aspects relevant to the sphere of that particular law,
c.
Law must be publicly known,
d.
There would be a well set procedure for
establishing the facts necessary to the application of that law
55.
Who wrote the book `The Problems of
Jurisprudence`?
Posner
56.
Who said ”Justice
is a habit, formed through action and experience”?
Aquinas
57.
About John Rawls:
a.
Believed that principles for justice for
institutions are distinct from those that apply to individuals
b.
Justice for a society is different from justice
from an individual,
c.
He believed in dualism, I.e., both institutional
as well as individual justice aim at the common goal of a just social order
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