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Jurisprudence and Legal Theory
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
May 2017 Examination
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LLB 3 years Sem 4 Jurisprudence and Legal Theory May 2017 Question Paper with Solutions
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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.
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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 May 2017 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2017 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 2017 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 3 hours · Total marks 100 · 25 questions answered
Instructions printed on the paper
- N.B: Please check whether you have got the right question paper. 1. Answer all questions 2. Total marks for the questions are indicted in the right end
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 all ten questions in one or two sentences
20 Marks - 2 marks each
(a)What is law according to H.L.A Hart?[2]
Answer
For H.L.A. Hart (1907 to 1992), in The Concept of Law (1961), law is a system of rules: the union of primary and secondary rules.
- Primary rules impose duties. They tell people to do or not to do certain acts, such as the rule against theft.
- Secondary rules are rules about the primary rules. They confer powers. There are three kinds.
- The rule of recognition identifies which rules count as valid law in the system.
- Rules of change say how rules may be made, amended or repealed.
- Rules of adjudication say who decides whether a rule has been broken, and how.
Why Hart needed secondary rules. A society with only primary rules suffers three defects. There is uncertainty about what the rules are. The rules are static, because they cannot be changed deliberately. And there is inefficiency, because no agency settles disputes. Each secondary rule cures one defect.
Against Austin. Hart rejected Austin's view of law as a sovereign's command backed by threats. Many laws confer powers, such as the power to make a will, and command nothing. Hart also stressed the internal point of view: officials accept the rules as standards, not merely as orders.
In India. The rule of recognition is, in substance, that what the Constitution and the bodies it creates lay down is law.
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