Law and Morality Questions and Answers

Q: Kant's ........... says : 'Act in such a way that the maxim of your action could be made the maxim of a general action'.

It is Kant's categorical imperative.Kant's first formulation of the categorical imperative is to act only on that maxim which you can at the same time will to become a universal law. It is 'categorical' because it binds unconditionally, whatever one's desires, unlike a hypothetical imperative of the form 'if you want X, do Y'.Solidarity is Duguit's idea of social interdependence, the common good is the aim of Aquinas's natural law and later Catholic social thought, and 'principle of social action' is not a Kantian term.

Q: The author of ‘The Enforcement of Morals’ is :

The Enforcement of Morals is by Lord Devlin.Patrick Devlin delivered his Maccabaean Lecture in 1959, arguing that society may use the criminal law to protect its shared morality, and published it with related essays as The Enforcement of Morals (1965). The lecture was a response to the Wolfenden Report's recommendation to decriminalise private homosexual acts.H. L. A. Hart answered Devlin in Law, Liberty and Morality (1963), giving rise to the famous Hart-Devlin debate. Lon Fuller wrote The Morality of Law, and Lord Lloyd is known for his Introduction to Jurisprudence.

Q: The book titled 'The Enforcement of Morals' authored by :

The Enforcement of Morals was written by P. Devlin.Lord Patrick Devlin delivered the lecture 'The Enforcement of Morals' in 1959, in response to the Wolfenden Report on homosexuality and prostitution, and published it with later essays under that title in 1965. He argued that society may use the criminal law to protect its shared morality, because that morality holds it together.H.L.A. Hart replied in Law, Liberty and Morality (1963), drawing on J.S. Mill's harm principle in On Liberty. A.L. Goodhart wrote on precedent and the ratio decidendi.

Q: To which of the following concepts, the Hart-Fuller debate relates to :

The Hart-Fuller debate relates to morality.The 1958 exchange in the Harvard Law Review between H.L.A. Hart ('Positivism and the Separation of Law and Morals') and Lon Fuller ('Positivism and Fidelity to Law') was about the relation between law and morality. Hart defended the positivist separation of law as it is from law as it ought to be. Fuller argued that law has an inner morality, so that a grossly evil regime such as Nazi Germany may fail to produce law at all. The post-war German grudge informer cases were their test.Personality, rights and justice were not the subject of the debate.

Q: Who has described an 'internal morality' of law ?

The 'internal morality' of law was described by Lon Fuller.In The Morality of Law (1964), Fuller argued that a legal system must meet eight procedural requirements to count as law at all: rules must be general, promulgated, prospective, clear, non-contradictory, possible to obey, reasonably stable, and applied as announced. He called these the 'inner morality of law'.John Finnis is the modern natural law theorist of basic goods, John Rawls wrote on justice as fairness, and H.L.A. Hart, Fuller's positivist opponent in the famous Hart-Fuller debate, argued that these principles are efficiency rules that even an evil system could follow.

Q: "Act in such a way that the maximum of your actions could be made the maxim of general action". This was propounded by ............. .

This was propounded by Kant.The statement is a version of Kant's categorical imperative: act only according to that maxim through which you can at the same time will that it should become a universal law. A principle of action is moral only if everyone could act on it.H.L.A. Hart was a legal positivist known for the union of primary and secondary rules, Jerome Frank a legal realist, and Rawls (printed 'Rawl') built his theory of justice on the original position and the veil of ignorance.

Kant's ........... says : 'Act in such a way that the maxim of your action could be made the maxim of a general action'.

A.Principle of solidarity
B.Principle of social action
C.Categorical imperative
D.Principle of common good

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: C

It is Kant's categorical imperative.

Kant's first formulation of the categorical imperative is to act only on that maxim which you can at the same time will to become a universal law. It is 'categorical' because it binds unconditionally, whatever one's desires, unlike a hypothetical imperative of the form 'if you want X, do Y'.

Solidarity is Duguit's idea of social interdependence, the common good is the aim of Aquinas's natural law and later Catholic social thought, and 'principle of social action' is not a Kantian term.

Discuss in Forum

The author of ‘The Enforcement of Morals’ is :

A.Lord Devlin
B.Lord Lloyd
C.H.L.A. Hart
D.Lon Fuller

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: A

The Enforcement of Morals is by Lord Devlin.

Patrick Devlin delivered his Maccabaean Lecture in 1959, arguing that society may use the criminal law to protect its shared morality, and published it with related essays as The Enforcement of Morals (1965). The lecture was a response to the Wolfenden Report's recommendation to decriminalise private homosexual acts.

H. L. A. Hart answered Devlin in Law, Liberty and Morality (1963), giving rise to the famous Hart-Devlin debate. Lon Fuller wrote The Morality of Law, and Lord Lloyd is known for his Introduction to Jurisprudence.

Discuss in Forum

The book titled 'The Enforcement of Morals' authored by :

A.H.L.A. Hart
B.J.S. Mill
C.A.L. Goodhart
D.P. Devlin

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: D

The Enforcement of Morals was written by P. Devlin.

Lord Patrick Devlin delivered the lecture 'The Enforcement of Morals' in 1959, in response to the Wolfenden Report on homosexuality and prostitution, and published it with later essays under that title in 1965. He argued that society may use the criminal law to protect its shared morality, because that morality holds it together.

H.L.A. Hart replied in Law, Liberty and Morality (1963), drawing on J.S. Mill's harm principle in On Liberty. A.L. Goodhart wrote on precedent and the ratio decidendi.

Discuss in Forum

To which of the following concepts, the Hart-Fuller debate relates to :

A.Personality
B.Right
C.Morality
D.Justice

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: C

The Hart-Fuller debate relates to morality.

The 1958 exchange in the Harvard Law Review between H.L.A. Hart ('Positivism and the Separation of Law and Morals') and Lon Fuller ('Positivism and Fidelity to Law') was about the relation between law and morality. Hart defended the positivist separation of law as it is from law as it ought to be. Fuller argued that law has an inner morality, so that a grossly evil regime such as Nazi Germany may fail to produce law at all. The post-war German grudge informer cases were their test.

Personality, rights and justice were not the subject of the debate.

Discuss in Forum

Who has described an 'internal morality' of law ?

A.Lon Fuller
B.John Finnis
C.John Rawls
D.H.L.A. Hart

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: A

The 'internal morality' of law was described by Lon Fuller.

In The Morality of Law (1964), Fuller argued that a legal system must meet eight procedural requirements to count as law at all: rules must be general, promulgated, prospective, clear, non-contradictory, possible to obey, reasonably stable, and applied as announced. He called these the 'inner morality of law'.

John Finnis is the modern natural law theorist of basic goods, John Rawls wrote on justice as fairness, and H.L.A. Hart, Fuller's positivist opponent in the famous Hart-Fuller debate, argued that these principles are efficiency rules that even an evil system could follow.

Discuss in Forum

"Act in such a way that the maximum of your actions could be made the maxim of general action". This was propounded by ............. .

A.Kant
B.HLA Hart
C.Prof. Frank
D.Rawl

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: A

This was propounded by Kant.

The statement is a version of Kant's categorical imperative: act only according to that maxim through which you can at the same time will that it should become a universal law. A principle of action is moral only if everyone could act on it.

H.L.A. Hart was a legal positivist known for the union of primary and secondary rules, Jerome Frank a legal realist, and Rawls (printed 'Rawl') built his theory of justice on the original position and the veil of ignorance.

Discuss in Forum

Which one of the following pairs is not correctly matched ?

A.Law properly so-called (in regard to notion of law) : Which is distinct from morals.
B.Law improperly so-called (in regard to notion of law) : Other laws.
C.Audi alteram partem : Rule of natural justice.
D.Conspectus of justice : Justice denied.

Exam Year(s)

UGC NET - 2013,

Answer: D

The pair that is not correctly matched is Conspectus of justice with Justice denied.

Law properly so-called is distinct from morals in the analytical view, laws improperly so-called include other kinds of rules, and audi alteram partem is a rule of natural justice, the right to be heard. So the first three pairs are correct.

The last pair, Conspectus of justice with justice denied, does not state a recognised relation, so it is the one wrongly matched. It is a useful check to say each pair aloud as a sentence; the last pair does not make one.

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