Jurisprudence Important Questions : PGLCET 2025 (AP & TS)

Summary

This lecture provides a focused, exam-oriented preparation for law students, covering key legal theories and schools of thought. It explains Utilitarianism through the Trolley Problem, John Austin's Imperative Theory, Roscoe Pound's Social Engineering Theory, and Hans Kelsen's Grundnorm/Pure Theory of Law. The session differentiates between expository and sensory jurisprudence, explains rights in personam and in rem, and emphasizes the significance of understanding the history and purpose of laws. Using real-life examples and past exam questions, the lecture offers practical insights, helping students grasp complex concepts efficiently and ensuring they can recall essential points during exams.

Takeaways

• 😀 Jurisprudence simply means the 'Theory of Law' and focuses on understanding the origin, purpose, and nature of law.
• 😀 Utilitarianism theory, proposed by Jeremy Bentham, states that the best action is the one that maximizes happiness for the greatest number of people.
• 😀 The trolley problem is a classic example used to explain utilitarianism—saving five lives at the cost of one is considered morally acceptable.
• 😀 Jeremy Bentham also introduced the distinction between Expository (what law is) and Censorial (what law should be) jurisprudence.
• 😀 Expository jurisprudence explains existing laws and facts, while censorial jurisprudence evaluates whether laws are good or bad.
• 😀 Imperative Theory of Law was proposed by John Austin, who stated that law is the command of a sovereign authority.
• 😀 John Austin’s theory is also known as Analytical School, Positive Law, or Sovereign Command theory.
• 😀 According to Austin, law does not come from religion or morality but from the authority governing society.
• 😀 Social Engineering Theory by Roscoe Pound explains that law is used as a tool to bring social reforms and improvements in society.
• 😀 Examples of social engineering through law include abolition of sati, child marriage laws, and dowry prohibition laws.
• 😀 Hans Kelsen introduced the Grundnorm (basic norm) theory, stating that all laws derive validity from a supreme foundational rule.
• 😀 In India, the Constitution is considered the Grundnorm, as all laws must conform to it.
• 😀 Kelsen’s theory is also known as the Pure Theory of Law and involves the hierarchy of norms.
• 😀 Rights in Personam are rights enforceable against specific individuals, while Rights in Rem are enforceable against the entire world.
• 😀 A key exam strategy is to remember theorists along with their theories, as most questions are based on matching authors with concepts.

Q & A

What is the main idea of the Utilitarianism theory as discussed in the lecture?

Utilitarianism theory, propounded by Jeremy Bentham, states that actions are right if they promote the greatest happiness for the greatest number. In the context of the trolley problem, it suggests sacrificing one life to save five is morally right.

Who is Jeremy Bentham and what is his contribution to jurisprudence?

Jeremy Bentham was a great jurist who formulated the Utilitarianism theory. He emphasized that laws and actions should aim to achieve the maximum good for the majority.

What are Expository and Sensorial Jurisprudence according to the lecture?

Expository jurisprudence explains the law as it currently exists (facts, rules, and judgments), while Sensorial jurisprudence evaluates the law’s quality, i.e., whether a law is good or bad and how it could be improved.

What is the Imperative Theory of Law and who proposed it?

The Imperative Theory of Law was proposed by John Austin. It states that law is a command issued by a sovereign authority, which must be obeyed by the society, independent of morality or divine authority.

What is meant by 'Sovereign Command' in John Austin's theory?

Sovereign Command refers to the orders or directives given by the sovereign or head of the government, which must be followed by the society. Law exists because these commands are enforced.

What is the Social Engineering Theory and who formulated it?

The Social Engineering Theory, proposed by Roscoe Pound, views law as a tool to bring about social change and improve society, such as abolishing harmful practices like Sati or enforcing child and women protection laws.

What is the 'Grundnorm' or 'Grand Name' Theory and who proposed it?

The Grundnorm (Grand Name) Theory, proposed by Hans Kelsen, states that all legal rules in a society derive their validity from a fundamental source or ultimate rule, which serves as the main source of law, similar to a constitution.

What are 'Rights In Personam' and 'Rights In Rem'?

Rights In Personam are rights enforceable against specific individuals, whereas Rights In Rem are rights enforceable against the entire world. Understanding these distinctions is crucial for jurisprudence studies.

Who are considered 'Jurist Students' and why is this distinction important?

Jurist Students study the history, theories, and schools of law to understand why laws exist as they do. The distinction is important because it emphasizes theoretical understanding over mere memorization.

What is the significance of analyzing past laws and social practices in jurisprudence?

Analyzing past laws and practices, like Sati or child marriage, helps jurist students understand the evolution of law, the rationale behind reforms, and the role of law in shaping society according to theories like Social Engineering.