Questions and Notes on Nature of
Law, Definitions
1.
Who wrote the book `Province of Jurisprudence
Determined`?
Austin
2.
Who said “Law is a general rule of external
human action enforced by a sovereign political authority”?
Holland
3.
Who said “Law is the command of determinate superior
that has coercive powers”?
Hobbes
4.
Who said “Law in its most general and
comprehensive sense signifies a rule of action, and is applied indiscriminately
to all kinds of actions, whether animate or inanimate, rational or irrational”?
Blackstone
5.
Who said “Law exerts a certain pull on human
beings towards compliance with law”?
HLA
Hart
6.
Who wrote the book `Concept of Law`?
Hart
7.
Who wrote the book `Leviathan`?
Hobbes
8.
Who wrote the book `Natural Law and Expediency
in Medieval Political Theory`?
Lewis
Hewart
9.
Who wrote the book `Lectures on Jurisprudence`?
Hibbert
10.
Who said “Law is the king of all mortal and
immortal affairs”?
Justinian
11.
Who said “Law is the art of science of what is
equitable and good”?
Ulpian
12.
Who said “Since much juristic ink has flowed in
an endeavor to provide a universally acceptable definition of law, but with
little sign of attaining that objective”?
Lord
Lloyd
13.
Who said “to attempt to establish a single
definition of law is to seek to confine jurisprudence within the strait jacket
from which it is continuously trying to escape”?
Keeton
14.
Who said “law is any kind of rule whereby
actions are framed… that which reason in such sort defined to be good that it
must be done”?
Hooper
15.
Who said “law is a form of guarantee of the
conditions of life, of society, assured by State`s power of constraint”?
Ihering
16.
Who said “law is a statement of the
circumstances in which public force will be brought to bear upon men through
courts”?
JC
Gray
17.
Who said “Law is the body of principles
recognized and applied by the State for the administration of justice”?
Salmond
18.
Who said “Law is social control through systematic
application of force of politically organized society”?
Pound
19.
Who said “law consists of a body of rules which
are seen to operate as binding rules in the community by means of which
sufficient compliance with the rules may be secured to enable the set of rules
to be seen as binding”?
Paton
20.
Who said “law is characterized not as an end but
as a specified means, as an apparatuses of compulsion to which, as such there
adheres no political or ethical value, law apparatus whose value derives rather
from some end which transcends the law”?
Kelson
21.
Who said “law is ultimately a set of positive
prescribed formal rules enforced by the sovereign authority with the approval
of common public opinion in response to social challenge emanating from
contemporaneous factors and currency of forces”?
Arnold
22.
Who said “law is a system of rules, the primary
and secondary rules, their union or combination may be justly be regarded as
the essence of law. The primary rules are duty imposing while the secondary
rules are power conferring”?
Hart
23.
Distinction between `the law` and `a law`.
The
law, jus droit, recht means the legal system operating in a country. `A law`
means a particular statute. Bentham said “`the law` is the sum total of a
number of individual laws taken together”.
24.
Who said “Where a command obliges persons
individually, it is not a law”?
Blackstone
25.
Name the school associated with: `ubi civitas
ibi lex`
Analytical
School: Where there is State there is law
26.
Name the school associated with `ubi societas
ibi lex`
Sociological
School: Where there is society there is law
27.
Who said “law is enforced on account of its validity
and it does not become valid merely because it is enforced by the State”?
Fredrick
28.
Explain the Neo Austinian view.
It
means law are principles enforced by Courts. Salmond agreed that law is an
expression of will of State, but as a realist he felt that it is not the
Parliament but the court which expounds law.
29.
Who said “Law of the State or of any organized
body of men is composed of rules which the court-that is, the judicial organ of
that body, lay down for the determination of legal rights and duties”?
Gray
30.
Who wrote the book `Jurisprudence`?
Harrison
31.
Who wrote the book `Early History of Institutions`?
Maine
32.
Who wrote the book `Studies in History and
Jurisprudence`?
Bryce
33.
Who wrote the book `Jurisprudence and the Conflicts
of Law`?
Harrison
34.
Who wrote the book `Nature and Sources of Law`?
Gray
35.
Who said “Law is the prophecies of what the
courts will do in fact and nothing more pretentious are what I mean by law”?
Justice
Holmes
36.
Who said “State is a synonym for the legal order
which is nothing but a `pyramid of norms`. It derives pure science of law from
`ought propositions` of juristic science”?
Kelson
37.
Who wrote the book `General Theory of Law and
State`?
Keelson
38.
Who said that public law and private law are
same?
Kelson
39.
Who propounded the `Vienna School`?
Kelson
40.
Who criticized Kelson`s theory on the ground
that it accepts the primacy of international law over national law and thus
permits natural law a back door entry?
Lauterpact.
He was disciple of Kelson
41.
Who wrote the book `The Origin of the Family, Private
Property and the State`?
Engels
42.
From which word `sanction` is derived?
Roman
word sanction which means that part of statute which imposes a penalty of has
made some other provision for its enforcement.
43.
Who defined sanction as an instrument of
coercion by which any system of imperative law is enforced?
Salmond
44.
Who said sanction also includes `element of
reward, benefit or pleasure`?
Jethro
Brown and Bentham
45.
Who said “it is only by conditional evil that
duties are sanctioned or enforced”?
Austin
46.
Who held that it is only evil and not reward
which constitutes a sanction?
Hibbert
47.
Who said “Sanction in modern sense means
constant readiness of the State to use its force for ensuring justice to be
done to both, for law abiding citizen as also to evil doers”?
Pollock
48.
Who said “A law without sanction is like a fire
that does not burn and light that does not glow”?
Ihering
49.
Who divided sanction into `Criminal` and `Civil`
heads?
Hibbert
50.
Who said “Law will be found to be that of a
particular court rather than that of a state”?
Salmond
51.
Give the difference between distributive justice
and corrective justice.
The
object of law is to ensure justice. This justice may either be distributive or
corrective. Distributive Justice seeks to ensure fair distribution of social
benefits and burden among the members of the community. Corrective justice
seeks to remedy the wrong.
52.
Who said “Law cannot stand still. It must change
with the changing social concepts and values”?
Justice
Bhagwati in National Textiles Workers Union v P Ramkrishnan
53.
Who said “Constitutional Precedents cannot be
permitted to be transferred into weapons of defeating the hopes and aspirations
of millions of people”?
Justice
Chandrachud in Keshavananda Bharti v State of kerala
54.
Who said “To seek to be wiser than the law is
the very thing which is by good laws forbidden”?
Aristotle
55.
Who said “Fiction is any assumption which
conceals or tends to conceal the fact that the rule of law had undergone any
alteration, its letter remaining unchanged but its operation being modified”?
Maine
56.
Who classified fictions into two classes a)
Historical and b) Dogmatic?
Ihering
I.
Historical: The devices for adding new law to
old without changing the form of the old law. (Eg person found in possession of
stolen goods, is presumed to have stolen them)
II.
Dogmatic:
They arrange recognized and established doctrines in the more convenient way. (Eg
idols and corporations have their personalities due to dogmatic fictions)
57.
Fill in the blank “in what is certainly false we
have _________, in what is not certainly true we have __________”
Fiction,
Presumption
Questions and Notes on Nature of Law, Definitions
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