Mumbai University Solved Question Papers
Jurisprudence and Legal Theory
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 8
Oct 2026 - ATKT 75/25 Examination
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BLS LLB 5 Years Sem 8 Jurisprudence and Legal Theory Oct 2026 - ATKT 75/25 Question Paper with Solutions
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First published on munotes.in on 28 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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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 Oct 2026 - ATKT 75/25 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 2026 - ATKT 75/25 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 2026 - ATKT 75/25 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 2½ hours · Total marks 75 · 21 questions answered
Instructions printed on the paper
- N.B: 1. Answer all questions as per instructions. 2. Marks are as indicated at the right side of the question.
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 in one or two sentences, any six
12 Marks - 2 marks each
(a)State the definition of Jurisprudence given by Austin.[2]
Answer
Austin defined jurisprudence as "the philosophy of positive law".
What the definition means.
- Positive law. By positive law Austin meant law as it is actually laid down by a human superior in an independent political society. It is law as it is, not law as it ought to be.
- Philosophy. Jurisprudence is the systematic study of the general ideas and principles that run through positive law.
- What is left out. Morality, religion and ideals of justice are outside jurisprudence on this view. They belong to ethics or legislation, not to the science of law.
Its place. Austin is the leading jurist of the analytical school, which arose in the early nineteenth century. His definition reflects the school's method. It takes the legal system as it exists and analyses its basic concepts, such as sovereignty, command, sanction, right and duty.
Its value. The analytical school gave the basic legal concepts fixed meanings, which every branch of law now uses. It also separated describing law from judging it.
Criticism. The definition is clear and practical, because it keeps the study to real legal systems. But it is narrow. It ignores how law grows from custom and history, which the historical school stressed. It also ignores what law does in society, which the sociological school stressed.
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