Jurisprudence – 1 Very Short Questions & Answers

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(PART-C)

Very Short Questions & Answers

Q.1. What is do you mean by Imperative Law?

Arts. Imperative Law—Imperative law means ‘a rule of action imposed upon men by some authority which enforces obedience to it.’ Its enforcement may be secured by physical force or by some other means. In an Organised society law tends to become imperative. Not only the rules given by the state but also the rules of other organisation and associations are imperative because B there is some kind of sanction behind them.

Q.2. What do you mean by Physical or Scientific Law?

Arts. Physical or Scientific Law—Physical law signifies those uniformities and regularities which are observable in nature as the laws of light and heat. It includes also those actions of human beings which are uniform such as sleep .

Q.3. What is Natural Law?

Arts. Natural Law—It has various other names such as the ‘moral law’ a ‘Divine law’, ‘law of God’, universal or eternal law’ and ‘law of reason’ etc. It signifies the principles of natural right and wrong, in other words, the ideal conception of justice. It has often been considered to be different from the positive law or positive justice (the concept of right, wrong and justice actual practice). The idea of natural law and justice is based on moral or religious grounds. Generally, it presents a picture of ideal law or what the law ought to be

Q.4. What do you mean by Conventional law?

Ans. Conventional Law—Conventional law means those rules or set of rules which are the outcome of an agreement between persons or groups of persons. They agree to observe these rules in the regulation of their conduct towards each other. This agreement is law for the parties to it. The rules of voluntary societies are the examples of such law. Conventional law in some as is enforced by the state. When it is enforced by the state it becomes a part of the ‘civil law’.

Q.5. What do you mean by Customary law? 

Ans. Customary Law—‘Customary law’ means those rules and princples which have been observed in a particuar community in actual practice for a long time. To them who observe these rules they are law. They come into existence due to a number of reasons. When some kind of action gets general approval and is generally observed for a long time it becomes a custom. Sometimes they come into being on the ground of expediency.

Q. 6. What is Technical law? 

Ans. Technical Law—Technical law means those rules which are necessary for the attainment of certain ends such as the laws of potential composition or the laws of health etc. There are certain rules the observance of which is necessary for the composition of poetry. Similarly, there is a set of rules which will have to be followed if one wants health.

Q.7. What is International Law?

Ans. International Law—By International law we mean the aggregate of the rules by which the states are governed in their conduct towards and relation with each pther. The recognition of this kind of law started many centuries ago. In modern times, International law is a very important branch of law. There have been jurists even in the present century who argued that International law is not law but its rapid growth and the important role that the International law plays in modern times, have left this point no longer in controversy and now it is considered to be a very important branch of law.

Q.8. What do you mean by Civil law?

Ans. Civil Law—By civil law, we mean the law of the land or municipal law. It is enforced by the courts.of the state. In jurisprudence the word ‘law’ is used to mean mainly this kind of law. Salrnond says that “this is law in the strictest and orig inal sense of the term, all other applications of the term being derived from this by analogical extension.”

Q.9. Explain the contribution of I herein

Ans. Contribution of hearing (1818-1892)- According to him the development of law is the result of constant struggle or conflict with a view to attain peace and order “. He takes law “as a means to an end.” The end of law is to serve purpose. This purpose is not individual but social purpose. When individual purpose comes in conflict with social purpose, the duty of the State is to protect and further social purposes and to suppress those individual purposes which clash with it. This end may be served either by ‘reward’ or by ‘coercion aid it is the latter which is used by the State. Therefore, ‘Law is coercion organised in a set form by the State.

Q.10. Explain the contribution of Eugon Ehrlich.

Ans. Contribution of Ehrlich (1882-1922)—The focus of Ehrilich’s icsis is that the law of a community is to be found in social facts and not in formal sources of law. Ehrlich says, “At present as well as at any other time the centre of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.”

Ehrlich was earnestly in favour of social justice. By ‘justice’ he does not mean some absolute principle, but a relative justice changing with time and place. The American sociological jurisprudence is much influenced by Ehrlich’s theory and it concentrates on the study of law outside the courts.