Which of the following statements regarding the ‘morality of aspiration’ is untrue?
- The morality of aspiration is based on inevitable rules for ordered social living.
- The morality of aspiration impulses towards the perfection and excellence.
- The law cannot regulate the morality of aspiration because it is subjective in nature.
- The law cannot compel a man to adhere to the best of his human capabilities.
The Correct Option is A
Solution and Explanation
The question asks us to identify which statement regarding the 'morality of aspiration' is untrue. To find the correct answer, we need to understand the concept of 'morality of aspiration' as distinguished by Lon L. Fuller in his book 'The Morality of Law'.
The morality of aspiration is characterized by the following:
- It is driven by ideals, aims for excellence, and focuses on what constitutes a 'Good Life'.
- It is subjective, and not governed by enforceable rules or laws. Laws cannot regulate it because it is tied to individual notions of human excellence.
- It suggests personal fulfillment and perfection and extends beyond the basic duties required for ordered social living.
Given the provided options, we analyze them as follows:
- The morality of aspiration is based on inevitable rules for ordered social living.
Analysis: This is untrue. Morality of aspiration is subjective and not about inevitable rules, which pertains to morality of duty. - The morality of aspiration impulses towards the perfection and excellence.
Analysis: This is true as it aligns with the aim for personal accomplishment and excellence. - The law cannot regulate the morality of aspiration because it is subjective in nature.
Analysis: This aligns with the subjective nature of morality of aspiration. - The law cannot compel a man to adhere to the best of his human capabilities.
Analysis: This is true, as it involves the pursuit of excellence which laws cannot enforce.
Therefore, the untrue statement regarding the morality of aspiration is: The morality of aspiration is based on inevitable rules for ordered social living.
The rules for morality of duty command:
- To conduct best to human capacity.
- To conduct necessary for self-survival.
- To conduct equally as others’ conduct.
- To conduct necessary for social living.
The Correct Option is D
Solution and Explanation
The concept of "The morality of duty" as discussed by Lon L. Fuller pertains to the framework of moral philosophy, distinguishing it from the "morality of aspiration." According to Fuller, the morality of duty focuses on establishing essential rules needed for an orderly society directed toward certain specific goals. This framework is objective and rationally discoverable, aiming to form the foundation upon which societal regulations are built. In contrast to the more subjective morality of aspiration, which involves personal ideals and the pursuit of human excellence, the morality of duty addresses what is imperative for social coexistence.
Within the context of Fuller’s argument, the term "morality of duty" implies adherence to the basic principles required for social living. These standards are not merely a matter of personal choice or subjective preference but are necessary for the orderly functioning of society. Therefore, when evaluating the provided options regarding the rules for the morality of duty, the most suitable choice is:
To conduct necessary for social living.
Consider the statements:
(I) ;The moralistic philosophy always strives to encroach into the area of morality of aspiration to bring it as duty for the social living.
(II) The moralistic philosophers compel us to embrace the pattern of human conduct, instead of making us realize a pattern of life that is worthy of human nature.
Choose the correct answer from the code given below
(I) ;The moralistic philosophy always strives to encroach into the area of morality of aspiration to bring it as duty for the social living.
(II) The moralistic philosophers compel us to embrace the pattern of human conduct, instead of making us realize a pattern of life that is worthy of human nature.
Choose the correct answer from the code given below
- Both (I) and (II) are true.
- Both (I) and (II) are untrue.
- (I) is true and (II) is untrue.
- (II) is true and (I) is untrue.
The Correct Option is A
Solution and Explanation
- The first statement suggests that moralistic philosophy often attempts to transform aspirations into duties for societal living. According to the context, moralists aim to shift the focus towards making the objectives of a good life equivalent to duties, thus expanding the realm of what is considered a moral obligation. This aligns with their effort to move the invisible pointer on the moral yardstick upwards, integrating more aspirations into the bracket of duties.
- The second statement deals with the moralists compelling adherence to set patterns of behavior, bludgeoning individuals into accepting these as duties rather than realizing the inherent worth of human nature in such conduct. Again, the comprehension mentions that moralists focus on imposing these patterns as duties rather than fostering a realization of worthy human pursuits.
In conclusion, both statements (I) and (II) correctly align with the essence of the comprehension, making both statements true.
| Correct Answer: | Both (I) and (II) are true. |
Which of the following element is not required for the formation of decision regarding a moral duty?
- Rationality
- Objectivity
- Subjectivity
- Knowledge regarding the circumstances
The Correct Option is C
Solution and Explanation
- Rationality: Essential for making decisions that are logically coherent and consistent with established moral duties.
- Objectivity: Important for ensuring that decisions are not biased by personal feelings and align with societal norms and the duties expected within.
- Knowledge regarding the circumstances: Critical for understanding the context in which a duty is being assessed, allowing for an informed decision.
- Subjectivity: Unlike the other elements, subjectivity does not play a necessary role in the formation of decisions regarding a moral duty. It relies on personal feelings and opinions rather than on the rational objectivity required for such decisions.
The concept of duty as characterised by Lon L. Fuller seems
- Dynamic
- Static
- Personal
- Fictional
The Correct Option is A
Solution and Explanation
- Fuller describes the "morality of duty" as a set of basic rules essential for an orderly society to function effectively. This establishes a system that is objective and rationally discoverable, providing a structured approach to societal obligations.
- The "morality of aspiration," on the other hand, deals with the ideals and the notion of achieving excellence in human behavior, a realm that law cannot enforce but which guides personal growth and virtues.
- Given the dynamic nature of societal obligations and legal structures, Fuller suggests that duties fluctuate with the context, evolving as societies change. This contrasts with a static view where duties would remain unchanged regardless of societal progressions.
- Therefore, Fuller's characterization of duty represents a dynamic approach. This underscores how duty adapts with ongoing societal changes and individual circumstances, reinforcing the applicability of duty as not fixed but rather responsive to the needs and developments of the social order.
Which of the following statements is not true?
- ‘Morality of duty’ is non-obligatory.
- ‘Morality of duty’ is obligatory.
- Rules of ‘morality of aspiration’ are a challenge to human conduct.
- Human excellence is the end of ‘morality of aspiration’.
The Correct Option is A
Solution and Explanation
The 'morality of aspiration' refers to ideals related to the 'Good Life', emphasizing human excellence and what constitutes a human being operating at their highest potential. The rules associated with 'morality of aspiration' are not obligatory but rather serve as challenges to elevate human conduct to a pinnacle of excellence.
Conversely, 'morality of duty' comprises essential and obligatory rules that ensure order within society. These rules are grounded in a rational understanding of what is necessary for a societal structure to function effectively.
Evaluating the provided statements against this philosophical framework:
- ‘Morality of duty’ is non-obligatory. - This statement is not true. The 'morality of duty' is characterized by its obligatory nature, setting baseline standards for society.
- ‘Morality of duty’ is obligatory.
- Rules of ‘morality of aspiration’ are a challenge to human conduct.
- Human excellence is the end of ‘morality of aspiration’.
The statement "‘Morality of duty’ is non-obligatory" contradicts the essence of 'morality of duty', making it the false statement among the options.
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The document presents a critique of the United Nations (UN) organization, arguing that it has failed to carry out its charter-mandated tasks, specifically to ”maintain international peace and security” and ”to achieve international cooperation” in solving global problems. The author notes growing public frustration with catastrophic humanitarian situations and the failure of peace-keeping operations, leading to widespread scepticism about the possibility of ”revitalization”.
UN Reform Approaches
Discussions on UN reform are divided into two main categories: the conservative approach and the radical approach.
1. Conservative Approach:
The conservative view considers the existing Charter ”practically untouchable” and believes in improving ”collective security” as defined in Chapter VII. Key positions include:
- US Position: Prioritizes its own interests, supports better management and the creation of an Inspector General, favours enlarging the Security Council (to include Germany and Japan, mainly for financing peace-keeping), and associates the UN with regional organizations like NATO for peace enforcement. The US remains reluctant to allow full application of Chapter VII and views collective security restrictively.
- Secretary-General’s Position (Boutros Ghali): Advocated for the full implementation of ’collective security’ as envisaged in 1945, including the use of the Military Staff Committee (Article 47) and the conclusion of special agreements (Article 43) for providing armed forces. He also proposed ’peace enforcement units’ under the command of the Secretary-General and wider use of ’preventive diplomacy’. The report candidly recognized the Security Council’s incapacity to deal with threats from a major power.
2. Radical Approach:
The radical approach criticizes the principles of the present system and proposes an overhaul. It reflects increasing doubts about the value of the Charter’s collective security system, especially in intra-State conflicts. Radical proposals include:
- Establishing an Economic Security Council.
- Modifying the Charter with less reluctance.
- Reforming the IMF and World Bank.
- Developing a new global security system .
- The creation of a consultative parliamentary assembly at the world level.
Future Outlook:
The author asserts that no major or minor reform has any chance of being implemented now, primarily because the Charter’s amendment procedures (requiring a two-thirds majority including all five permanent Security Council members) preclude agreement. However, he concludes that the continuing deterioration of the global situation, driven by economic integration, rising inequality, and intra-State conflicts, will inevitably lead the political establishment to define a new global institutional structure. This future debate will become highly political.
- CLAT PG - 2026
- International Law
“Section 55 of the Indian Contract Act says that when a party to a contract promises to do a certain thing within a specified time but fails to do so, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee if the intention of the parties was, that time should be of the essence of the contract. If time is not the essence of the contract, the contract does not become voidable by the failure to do such thing on or before the specified time but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Further, if in case of a contract voidable on account of the promisor’s failure to perform his promise within the time agreed and the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance he gives notice to the promisor of his intention to do so.
Sections 73 and 74 deal with consequences of breach of contract. Heading of Sec tion 73 is compensation for loss or damage caused by breach of contract. When a contract is broken, the party who suffers by such breach is entitled to receive from the party who has broken the contract compensation for any loss or damage caused to him thereby which naturally arose in the usual course of things from such breach or which the parties knew when they made the contract to be likely to result from the breach of it. On the other hand, Section 74 deals with compen sation for breach of contract where penalty is stipulated for. When a contract is broken, if a sum is mentioned in the contract as the amount to be paid in case of such breach or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled whether or not actually damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or the penalty stipulated for.”
tracted from: Consolidated Construction Consortium Limited v Software Technol ogy Parks of India 2025 INSC 574- CLAT PG - 2026
- Contract Law
“Law treats all contracts with equal respect and unless a contract is proved to suffer from any of the vitiating factors, the terms and conditions have to be enforced regardless of the relative strengths and weakness of the parties.
Section 28 of the Contract Act does not bar exclusive jurisdiction clauses. What has been barred is the absolute restriction of any party from approaching a legal forum. The right to legal adjudication cannot be taken away from any party through contract but can be relegated to a set of Courts for the ease of the parties. In the present dispute, the clause does not take away the right of the employee to pursue a legal claim but only restricts the employee to pursue those claims before the courts in Mumbai alone.
... the Court must already have jurisdiction to entertain such a legal claim. This limb pertains to the fact that a contract cannot confer jurisdiction on a court that did not have such a jurisdiction in the first place.”
Extracted from: Rakesh Kumar Verma v HDFC Bank Ltd 2025 INSC 473- CLAT PG - 2026
- Contract Law
- “The law is well settled that a constitutional court can award monetary compen sation against the State and its officials for its failure to safeguard fundamental rights of citizens but there is no system or method to measure the damages caused in such situations. Quite often the courts have a difficult task in determining dam ages in various fact situations. The yardsticks normally adopted for determining the compensation payable in private tort claims are not as such applicable when a constitutional court determines the compensation in cases where there is a viola tion of fundamental rights guaranteed to its citizens.
... In D.K. Basu v. State of W.B. [(1997) SCC 1 416], a Constitution Bench of this Court held that there is no straitjacket formula for computation of damages and we find that there is no uniformity or yardstick followed in awarding damages for violation of fundamental rights. In Rudul Sah case [Rudul Sah v. State of Bihar, (1983) 4 SCC 141] this Court used the terminology ’palliative’ for measuring the damages and the formula of ’adhoc’ was applied. In Sebastian Hongray case [Se bastian M. Hongray v. Union of India, (1984) 3 SCC 82] the expression used by this Court for determining the monetary compensation was ’exemplary’ costs and the formula adopted was ’punitive’. In Bhim Singh case [Bhim Singh v. State of J & K, (1985) 4 SCC 677], the expression used by the Court was ’compensation’ and the method adopted was ’tortious formula’. In D.K. Basu v. State of W.B. [(1997) SCC 1 416] the expression used by this Court for determining the compensation was ’monetary compensation’. The formula adopted was ’cost to cost’ method. Courts have not, therefore, adopted a uniform criterion since no statutory formula has been laid down.”
tracted from: Municipal Corporation of Delhi, Delhi v Uphaar Tragedy Victims Association (2011) 14 SCC 481- CLAT PG - 2026
- Constitutional Laws
- It is well recognized that actionable negligence in context of medical profession involves three constituents (i) duty to exercise due care; (ii) breach of duty and (iii) consequential damage. However, a simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on part of the medical professional so long as the doctor follows the acceptable practice of the medical profession in discharge of his duties. He cannot be held liable for negligence merely because a better alternative treatment or course of treatment was available or that more skilled doctors were there who could have administered better treatment.
A medical professional may be held liable for negligence only when he is not pos sessed with the requisite qualification or skill or when he fails to exercise reasonable skill which he possesses in giving the treatment. None of the above two essential conditions for establishing negligence stand satisfied in the case at hand as no ev idence was brought on record to prove that Dr. Neeraj Sud had not exercised due diligence, care or skill which he possessed in operating the patient and giving treatment to him. When reasonable care, expected of the medical professional, is extended or rendered to the patient unless contrary is proved, it would not be a case for actionable negligence.
tracted with edits and revisions from Neeraj Sud v Jaswinder Singh 2024 INSC 825- CLAT PG - 2026
- Law of Torts