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Jurisprudence and Legal Theory
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 8
Oct 2024 - 60/40 Examination
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BLS LLB 5 Years Sem 8 Jurisprudence and Legal Theory Oct 2024 - 60/40 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
This edition revised 25 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Oct 2024 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 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 Oct 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 · 21 questions answered
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 6 questions in one or two sentences
12 Marks - 2 marks each
(1)What is the view of analytical positivism on morality?[2]
Answer
The analytical positivist school (Bentham, Austin, and later Kelsen and Hart) holds that law and morality are separate. Whether a rule is law depends on its source, not on its moral merit. This is called the separation thesis.
The leading statements.
- Austin: "The existence of law is one thing; its merit or demerit is another." A wicked law is still a law.
- Bentham divided jurisprudence into expositorial, which states what the law is, and censorial, which asks what it ought to be. He kept the two apart.
- Kelsen: any content whatever may be law. Morality lies outside the pure theory.
- Hart: there is no necessary connection between law and morality, though in fact they overlap. He accepted a "minimum content of natural law": rules protecting life, property and promises, which every lasting society needs.
What positivism does not say. It does not say that morality is unimportant. It says that two questions, "is this law?" and "is this law good?", must be answered separately, so that a bad law can be criticised clearly.
Example. A positivist says that a discriminatory statute, validly enacted, is law, and that it should be repealed or struck down under the Constitution. A natural lawyer may say that it is not law at all.
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