Mumbai University Solved Question Papers
Jurisprudence and Legal Theory
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 8
May 2024 - 60/40 Examination
munotes.in
Mumbai
BLS LLB 5 Years Sem 8 Jurisprudence and Legal Theory May 2024 - 60/40 Question Paper with Solutions
Get access to whole semester resourcesSemester Pass
MU law student group
Free to join
First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.
munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.
The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the May 2024 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2024 - 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2024 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 22 questions answered
Instructions printed on the paper
- N.B: 1. Please check whether you have got the right question paper 2. Answer all questions 3. Total marks are indicated in the right.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer any six questions in one or two sentences
12 Marks - 2 marks each
(a)State two features of Analytical positivism.[2]
Answer
Analytical positivism is the school of Bentham and Austin, carried forward by Kelsen and Hart. It studies the law that actually exists in a State. Its two leading features are these.
1. Law as it is, kept apart from law as it ought to be. A rule is law because of its source, not because of its moral merit. Austin put it in one line: "The existence of law is one thing; its merit or demerit is another." An Act passed by Parliament within its powers is law, even if many think it unwise. Whether it should be changed is a separate question for the legislator and the moralist.
2. Law is positive law, laid down by a human authority. Austin defined a law as a command of the sovereign backed by a sanction. Later positivists replaced the command with a rule of recognition (Hart) or a grundnorm (Kelsen). But all agree that law is made by people and can be identified by tests of its origin.
A third mark of the school is its analytical method. It takes apart the basic concepts found in every mature legal system, such as right, duty, person, ownership and possession, and defines them precisely.
In short: analytical positivism asks "what is the law?", not "what should the law be?"
The rest of the answers
The first answer is free. The rest come with the B.L.S. LL.B. 5 Years Semester 8 solved papers.
You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.
Notes + Solved papers: ₹798 Already bought it? Sign in
Or solved papers only: ₹499
Or notes only: ₹499
The question paper itself stays free, and so does the syllabus.
Found an error in this volume? Report it and we will check it against the paper.