ASSIGNMENT

Name: - Prerna Bhansali

Email ID: - prernabhansali1007al0058@karnavatiuniversity.edu.in

Contact no. – 9409174845

Schools of Jurisprudence (ASSIGNMENT)

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I. One Liners- 2 Marks each

1. What is Jurisprudence as per Jeremy Bentham?

Answer 1: - According to Jeremy Bentham, “Jurisprudence is the art of knowing what has
actually been done in the way of internal Government”.

2. Sovereignty as an essential element of Law was emphasized by which Jurist?

Answer 2: - Thomas Hobbes, in Leviathan (1651) put forward a conception of sovereignty as an

essential element of Law similar to Bodin's.

3. The main belief of the Analytical School of Jurisprudence?

Answer 3: - The essential concept of the Analytical school of jurisprudence is to deal with the
law as it already exists. Law, according to the Analytical school, is the sovereign's direction.

4. Father of Historical School of Jurisprudence?

Answer 4: - Friedrich Karl von Savigny is regarded as a father of the Historical school. He
argued that the coherent nature of the legal system is the usually due to the failure to understand
its history and origin.

5. Which is the latest School of Jurisprudence?

Answer 5: - Realist School is the latest School of Jurisprudence.

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SUBJECTIVE QUESTIONS [Within 100 Words] 5 Marks Each

1. What is Cautelary Jurisprudence?

Answer 1: - Cautious jurisprudence is law enacted in an emergency or outside of the normal

legislative process. It referred to empirical, practical legal efforts aimed at resolving specific
situations, as opposed to traditional jurisprudence, which sought to construct abstract norms
under which specific cases would fall. Lawyers use the term "cautious" to describe a
preliminary "process." It gave people who would inherit a legacy, the legatees, a "negative
authority" over something that would otherwise not have happened until the owner of the

legacy, the legator, died. As a result, the legator is able to obtain promises from the legatees.

empirical, practical lega

2. What is the most acceptable belief of social contract theory as per you and why?

Answer 2: - Because John Locke campaigned for individual liberty and maintained that the
sovereign's powers are not boundless, his social contract theory is the most acceptable belief
of social contract theory. Individuals have the right to protest against the sovereign if he fails
to preserve their rights, and they also have the right to overturn the current government,
according to Locke. According to him, an individual's natural rights to liberty, property, and
life are fundamental natural rights, and the sovereign must recognise these rights and make
decisions based on them.

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theory because Locke stood for
individual liberty and advocated
that the powers of the sovereign
is not unlimited. According to
Locke individual has a right to
protest against the sovereign if
he
is unable to protect the rights of
the individual, individuals also
have a right to overthrow the
existing government. According
to him an individual’s right to
liberty, property, and life are the

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basic natural rights and the
sovereign must realize these
rights and take a decision,
taking into
consideration the above-
mentioned rights
John Locke’s social contract
theory is the most acceptable
belief of social contract
theory because Locke stood for
individual liberty and advocated
that the powers of the sovereign
is not unlimited. According to
Locke individual has a right to
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protest against the sovereign if
he
is unable to protect the rights of
the individual, individuals also
have a right to overthrow the
existing government. According
to him an individual’s right to
liberty, property, and life are the
basic natural rights and the
sovereign must realize these
rights and take a decision,
taking into
consideration the above-
mentioned rights
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 3. What is Laws of imperfect Obligation?

Answer 3: - Laws of imperfect obligation are not considered as commands because they are
not backed up by any authority. Austin believes that in order for a command to become law,
it must be accompanied with a duty and sanction to ensure that it is carried out. An
incomplete obligation does not bind the parties legally and does not have the same legal
consequences for non-performance. Non-performance of an imperfect responsibility, on the
other hand, necessitates accountability to a higher power. Gratitude and charity are two
examples. Imperfect commitments are those that require you to accomplish activities that are
less important to your overall satisfaction.

4. As per you, which Theory of Jurisprudence is most acceptable in India and why?

Answer 4: - After India gained independence in 1947, it enacted a new Constitution with the
goal of establishing social, economic, and political justice. To achieve these objectives,
Indian planners established an economic planning system in India with the goal of promoting
the welfare of the people by establishing and safeguarding a social order in which justice,
social, economic, and political considerations inform all aspects of national life. As a result,
the government devised new social and economic policies to attain the aforementioned goals.
As a result, in order to create peaceful social change through law, a new sociological
approach for harmonizing conflicting societal interests and values became necessary.

ANALYTICAL QUESTIONS [Within 200 Words] 10 Marks Each

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 1. Out of all the Schools of Jurisprudence, which School is the best as per you?

Answer 1: - The sociological school of jurisprudence, in my opinion, is the greatest because

it was developed as a synthesis of several juristic perspectives. This school's types regard law
as a social marvel. According to them, law is a social capacity, an outflow of human culture
affecting individual people' external relationships. This school's renowned legal advisers
include Montesquieu, Auguste Comte, Herbert Spencer, Duguit, and Rosco Pound.

This school placed a greater emphasis on the law's utilitarian aspects rather than its
philosophical content. They see the law as a social structure that is linked to their directives
and has a direct impact on society.

In Case-Animal and environment legal defence fund vs Union of India & Ors.

The Supreme Court connected the standards of Economic supportability and condition
assurance. The court thus ruled that if the townspeople are not allowed angling, their
employment will be decimated. If they are allowed, there will be a threat to nature.

Henceforth the Supreme Court requested the concerned woodland specialists and the board
established to find a way to secure the resources of earth without disrupting the employment
of the locals. They will watch the locals and give reasonable guidelines for them. They will
be instructed on the significance of the condition. The locals ought not to enter in other
territories acknowledges to the lakes on which they are given angling rights.

2. Out of all the Schools of Jurisprudence, which School is not at all acceptable according to
you?

Answer 2: - The historical school of jurisprudence, in my opinion, was not at all acceptable.
The historical school of jurisprudence believes that law is the outcome of a long historical
progression of the general public, beginning with social customs that demonstrate ethical
standards, monetary requirements, and general population relations.

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 As this argument suggests, the law is the outcome of the past's strength and influence.
Individual awareness is essential to the rule of law. Because there was no individual like a
sovereign for the creation of law, cognizance arose from the earliest beginnings of the
general people.

The historical school focuses

on the development of law
from the crude legal
organisations of the
The historical school focuses
on the development of law
from the crude legal
organisations of the
The historical school focuses
on the development of law
from the crude legal
organisations of the

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 The historical school focuses on the evolution of law from the archaic networks' rudimentary
legal organizations. The historical school's mission is to manage the broad norms governing
the origins and evolution of law, as well as the impact it has on the law.

Historical legal counsellors suppressed moral thought in jurisprudence and dismissed any
imaginative interest of judges, law specialists, or lawgivers in shaping the law.

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