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Schools of Jurisprudence Questions and Answers

1.

Whom among the following has said that "Jurisprudence is the science of the first principles of the civil law".

Exam Year(s)

DSSSB - 2023,

Answer: C

The definition of jurisprudence as the science of the first principles of the civil law is the one given by John Salmond, the English jurist whose Jurisprudence is a standard text.

John Chipman Gray, the American jurist, defined jurisprudence differently, as the science of law, the statement and systematic arrangement of the rules followed by the courts. John Austin, not Stephen F. Austin, is the jurist associated with positive law, and Aristotle belongs to ancient philosophy, so neither of them is the author of this definition.

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2.

Jurisprudential is derived from two Latin words "Juris" and "Prudentia". What does the word " Prudentia" mean?

Exam Year(s)

DSSSB - 2023,

Answer: A

Jurisprudence comes from the Latin jurisprudentia, made of juris, meaning law, and prudentia, meaning knowledge (foresight or wisdom in the sense of understanding), so the word literally means knowledge of law.

Law is the meaning of juris, the first half of the word, so it is not the meaning of prudentia. Skill and science are looser glosses that some books use for the combined sense, but the standard rendering of prudentia in the jurisprudence texts is knowledge, which is also the keyed option.

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3.

The word jurisprudence is derived from which word of Latin language?

Exam Year(s)

DSSSB - 2023,

Answer: A

The word jurisprudence is derived from the Latin word jurisprudentia, which combines juris (law) and prudentia (knowledge or skill), so it originally meant knowledge of law.

Juris is only the first half of the compound and means law, so it is not the word from which jurisprudence is derived. Judiciary and justice come from other Latin roots connected with judging and with what is just, and neither is the origin of the term.

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4.

Who among the following has Defined jurisprudence as "the study and systematic arrangement of the general principles of law?

Exam Year(s)

DSSSB - 2023,

Answer: A

The definition of jurisprudence as the study and systematic arrangement of the general principles of law is attributed to Keeton (G. W. Keeton).

Thomas Erskine Holland described it as the formal science of positive law, and John Austin called it the philosophy of positive law, which is a different formulation. Roscoe Pound is known for treating law as social engineering. So the quoted definition matches Keeton alone.

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5.

The book "Spirit of the Common Law" has been written by whom among the following?

Exam Year(s)

DSSSB - 2023,

Answer: D

The book The Spirit of the Common Law (1921) was written by the American jurist Roscoe Pound, the dean of Harvard Law School known for his theory of law as social engineering.

Thomas Erskine Holland wrote The Elements of Jurisprudence, John Austin wrote The Province of Jurisprudence Determined, and M. J. Sethna is an Indian author of jurisprudence texts. None of these three wrote The Spirit of the Common Law.

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6.

Who among the following has defined Jurisprudence as a study of fundamental legal principles including their philosophical, Historical and sociological bases and analysis of legal concepts?

Exam Year(s)

DSSSB - 2023,

Answer: C

The definition of jurisprudence as a study of fundamental legal principles, including their philosophical, historical and sociological bases, and an analysis of legal concepts is attributed to Dr M. J. Sethna, the Indian author of a well-known text on jurisprudence, and the option is keyed accordingly.

Thomas Erskine Holland described jurisprudence as the formal science of positive law, and John Austin called it the philosophy of positive law. Amartya Sen is an economist and philosopher best known for work on welfare economics and the idea of justice, not for a definition of jurisprudence. The keyed attribution rests on the Indian textbook, so a reviewer may wish to check it.

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7.

Select the correct option based on the statements and conclusions given below in the context of Jurisprudence.

Statements:-
I. Jurisprudence in its widest sense means "knowledge of the law" but in its limited sense evolution and explanation of general principles upon which actual rules of law are based.
II. Ulpian a Roman Jurist defines jurisprudence as " the observation of things divine and human, the science of just and unjust."

Conclusions:-
I. John Austin divides jurisprudence into two classes.
II. According to John Chipman Gray " jurisprudence is the science of law, the statement and systematic arrangement of the rules followed by the Court and the principals involved in those rules", meaning that jurisprudence deals with only that kind of law which consists of rules enforced by courts while administering justice.

Exam Year(s)

DSSSB - 2023,

Answer: D

Neither conclusion follows. The statements talk about the meaning of jurisprudence in the widest and narrower senses and Ulpian's definition. Conclusion I, that John Austin divides jurisprudence into two classes, and Conclusion II, which gives John Chipman Gray's definition, introduce facts about two other jurists that the statements do not state or imply.

Each conclusion may be accurate as a matter of the history of jurisprudence, but a conclusion in this kind of question must be drawn from the statements, and these are not. The options saying that one or both follow are therefore wrong.

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8.

The term Jurisprudence is derived from Which among the following Languages?

Exam Year(s)

DSSSB - 2023,

Answer: A

The term jurisprudence is derived from the Latin word jurisprudentia, formed from juris, meaning law, and prudentia, meaning knowledge or skill.

French is the language of an intermediate form, since English borrowed many legal terms through French, but the origin is Latin. English is the language in which it is now used, and Russian has no connection with the term.

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9.

Which among the following is correctly matched regarding Definitions of jurisprudence? A. John Chipman Gray:- Jurisprudence is the science of law, the statement and systematic arrangement of the rules followed by the Court and the principals involved in those rules. B. John Salmond:- Jurisprudence is the science of the first principles of the civil law.

Exam Year(s)

DSSSB - 2023,

Answer: C

Both pairs are correct, so the answer is both A and B. John Chipman Gray defined jurisprudence as the science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in those rules, and John Salmond defined it as the science of the first principles of the civil law.

The options saying only A, only B or none of these are wrong, since each definition is attributed to the right jurist.

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