LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Oct 2025 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer any six of the following in one or two sentences only (12 Marks - 2 marks each)

1. Q1 Define jurisprudence.
2. Q2 What is the concept of "Natural Law"?
3. Q3 Who is the propounded the Historical School of Law?
4. Q4 State the meaning of "Legal Personality."
5. Q5 What is the significance of "Justice according to Law"?
6. Q6 Define "Legal Rights."
7. Q7 What is the "Pure Theory of Law" as per Hans Kelsen?
8. Q8 Distinguish between "Public Law" and "Private Law."

SECTION II - Q.2: Attempt any two of the following (12 Marks - 6 marks each)

1. Q9 Discuss the essential elements of a legal right.
2. Q10 Explain the concept of Sovereignty in jurisprudence.
3. Q11 Write a short note on the relation between Law and Morality.
4. Q12 Analyze the key features of the Analytical School of Law.

SECTION III - Q.3: Attempt any two of the following (12 Marks - 6 marks each)

1. Q13 Austin's Command Theory in Practice: Person A is part of a revolutionary government that has come to power through a military coup. This new regime enacts strict curfew laws with heavy punishments, enforced by armed forces. Person B, a citizen, violates the curfew and challenges the validity of the law, arguing that the regime is illegitimate and the law is unjust. Apply Austin's Command Theory to analyse whether the curfew law is legally valid.
2. Q14 "Greatest happiness of the greatest number" (i) Identify the Jurist who made this statement and the school of jurisprudence he belongs to. (ii) Describe three distinguishing features of the identified school of jurisprudence.
3. Q15 'A' is an Indian citizen, went to U.K. for the purpose of business. He resided there for more than 20 years. When he returned to India, he saw 'B' is openly in possession of his land for unbroken period of 13 year, Decide: (i) Can 'B' claim title of land? (ii) Whether 'A's legal right of ownership of land is destroyed?
4. Q16 A particular community 'ABC' in India claimed to have a custom that allows Grandfathers to get married with their Daughter's Daughter. (i) Will this practice be considered as a valid custom? Justify your answer. (ii) Describe any three essentials of a valid custom.

SECTION IV - Q.4: Attempt any three of the following (39 Marks - 13 marks each)

1. Q17 Trace the evolution and development of Natural Law Theory with reference to different jurists.
2. Q18 "Law is a social engineering tool": Discuss this statement with reference to Roscoe Pound's theory.
3. Q19 Explain in detail the concept of Rights and Duties with reference to Hohfeld's analysis.
4. Q20 Discuss the contributions of the Realist School of Law with examples from American and Scandinavian Realism.
5. Q21 Is law inherently a tool of oppression or a means of achieving justice? Analyse this question with reference to natural law theory, critical legal studies, and feminist jurisprudence.

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