Unit 1

 True/False

1)It is possible to give one wonderful definition to the term law. F

2)A person will follow the law for the mere reason for fear of sanctions
imposed by

The state. F

3)A theory that is based on the principles of natural justice is called natural
law. T

4)Legal norms and non legal norms strive to create norms in the society. T

5)Law and state exist always f

 Matching

AB

1. Distributive justice E A) The purpose of law is to preserve or

enlarge

Freedom and liberty.

2. Holland B B) The function of law is to adjust one’s freedom

To that of the members of the society.

3. Realists F C) The purpose of law is to ensure the well-being

Of the society.

4. Kant A D) The purpose of the law is for the pursuit of

Highest good of individuals.

5) Hobbes and Locke C E) Which seeks to ensure fair distribution of social

Benefits and burden among members of the Society.

F) That seeks to remedy the wrong

 Answer the following questions.

1)“To attempt to establish a single definition of law is to seek to confine

jurisprudence within the straight jacket from it is continually striving to
escape.” Keeton. Comment.

Keeton’s quote suggests that attempting to confine law within a single

definition is restrictive and fails to capture the dynamic and evolving nature
of law. Law is not a static concept but rather a living, breathing entity that
adapts and changes to meet the needs of society.

2)We do not find one definition given to the term ‘law’. Explain why that is.

• Different perspectives: Law can be viewed from different perspectives,

such as sociological, philosophical, and historical.

• Cultural and historical context: Law is shaped by the cultural and historical
context in which it operates.

• Changing nature of law: Law is not a static concept but rather a living,
breathing entity that adapts and changes to meet the needs of society.

3)Define the term ‘law’ in your words.

Law is a system of rules and regulations that govern the conduct of
individuals and organizations within a society.

4)Explain the fundamental functions of law.

•Maintaining order:

• Protecting rights:

• Resolving disputes:

5)Do you convinced by the functions of the law? Why or why not?

Yes, I am convinced by the functions of the law. Law plays a vital role in
maintaining order, protecting rights, and resolving disputes.

6)What are the functions of law according to Roscoe Pound?

• Social control:

• Dispute resolution:

• Protection of interests:

• Engineering of social change:

7)“The object of law is to ensure justice.” Comment.

The object of law is not only to ensure justice but also to maintain order,
protect rights, and resolve disputes.

8)Write a note on the features of law

 Generality:
 Binding nature:
 Enforceability:
 Objectivity:

9)One of the important features of law is its generality. Expound this idea.

Generality means that law applies to everyone within a society, regardless of

their individual circumstances.

10)What do we mean by permissive nature of the law?

The permissive nature of the law means that law does not prohibit
everything. it only prohibits certain actions that are considered to be harmful
or dangerous to society.

11) Explain the concept of law based on natural law theory.

Natural law theory is based on the idea that there are certain universal moral
principles that are inherent in human nature. It has also been used to justify
the rights of individuals and to challenge unjust laws.

12)How do you explain the law on the bases of positive law theory?

Positive law theory is based on the idea that law is created by the state.
dominant theory of law in most modern legal systems. It provides a clear and
objective basis for identifying and interpreting the law.

13)How does Marxist Law Theory explain the Law?

Marxist law theory is based on the idea that law is a tool of class oppression.
It has also been used to challenge the legitimacy of capitalist legal systems.

14)“Law is what the judge decides in court.” On which theory of law does this
proposition is based? Explain the proposition.

 Legal positivism is based on the idea that law is created and

enforced by the state. not dependent on any moral principles.
 The proposition “law is what the judge decides in court” is true in
the senSe that judges have the authority to interpret and apply the
law to individual cases.

15)“Morality perfects the legal rules.” Comment.

Morality can help to identify the underlying values and principles that should
be reflected in the law.

16)Compare and contrast legal norms and non-legal norms.

 Legal norms are rules of conduct that are created and enforced by
the state. Explicit
 Non-legal norms are rules of conduct that are created and enforced
by other social institutions, such as family, religion, or tradition.
Implicit
Disapproval or ostracism.

17)“Law, positive morality, and ethics are over lapping circles which can
never Entirely coincide…” Comment.

 Law is the body of rules that are created and enforced by the state.
 Positive morality is the body of rules that are accepted by the
majority of people in a society.
 Ethics is the body of rules that are based on moral principles.
**18)Do you appreciate the nature of law?**

Yes, aw is a complex and multifaceted phenomenon that plays a vital role in

society.

**19) “Common law spread only by conquest and colonization”. Explain**

, such as trade, migration, and the influence of international organizations.

For example, the United States adopted the common law system after
gaining independence from Great Britain.

**20)Discuss how civil law was originated and spread on the world.**

Civil law originated in ancient Rome. This system of law was known as the
Corpus Juris Civilis.

The Corpus Juris Civilis was rediscovered in the 11 th century and had a major
influence on the development of legal systems in Europe. Many European
countries adopted the civil law system, and it eventually spread to other
parts of the world through colonization and trade.

**21)Explain the difference between common law and civil law legal systems
with Regard to language.*

Common law systems are typically based on the English language, while civil
law systems are typically based on the language of the country in which they
originated. For example, the civil law system of France is based on the French
language, and the civil law system of Germany is based on the German
language

**22)“In civil law system judges are trained to produce an excellent decision
only for One case”. Comment**

Civil law judges are also bound by the principle of stare decisis, which means
that they must follow the decisions of higher courts. This helps to ensure that
the law is applied consistently and fairly.

**23)Explain the concept ‘Code’ with respect to civil law legal system.**

A code iS a comprehensive collection of laws that are organized by subject

matter. Civil law systems are typically based on codes. The most famous
code is the Napoleonic Code, which was adopted in France in 18044

**24)In common law legal system, judges make the law.

In common law systems, judges play a significant role in the development of
the law. This is because common law is based on the principle of precedent,
which means that judges must follow the decisions of higher courts

**25)In common law, the rules are given by ancestors rather than the
parliament.

Expound this statement*

Parliament is the supreme law-making body in common law countries.

**26)What was the basic reason for nation to receive the Romano-Germanic
law other Than colonization?**

 **Trade:**
 **Migration:**
 **Influence of international organization

**27)Discuss the manner of reception of Romano-Germanic law by countries

where Muslim law’ was prevalent.*

The manner of reception of Romano-Germanic law by countries where

Muslim law was prevalent varied depending on the country. In some
countries, such as Turkey, the Romano-Germanic law was adopted wholesale.
In other countries, such as Egypt, the Romano-Germanic law was adopted
only in certain areas, such as commercial law.

**28)What are the criteria to categorize laws into civil law or common law
legal System?*

 **Source of law:**
 **Role of judges:**

**Language:**

29)What do we mean by legal system? Define the term ‘legal system’.

A legal system is a set of laws and regulations that govern the conduct of
individuals and organizations within a society. Legal systems are created and
enforced by the government.

30)Discuss the points that both common law and civil law legal systems
come closer

• The rule of law:

• The separation of powers:
• The right to a fair trial:
31)Discuss the main differences between common law and civil law systems

• Source of law:
• Role of judges
• Language:
• Procedure: .

Unit 2