Comprehension
In jurisprudence, distinction between theoretical and practical aspects of law is the basis of an independent science of law, the purpose of which is not to subserve practical ends but to serve pure knowledge, which is concerned with facts but not with words. At the present time, the juristic science is an exclusively a practical science of law and adequate methods have been evolved for the application of law by the judges. The result of this situation is that its teaching on the subject of law and legal relations, subject matter and method, can be given only by the practical science of law. It aims to supply the judge with legal propositions, formulated in the most general terms possible, in order that the greatest possible number of decisions might be derived from them. It teaches the judge how to apply the general propositions to the specific cases. However, the human thinking is necessarily dominated by the underlying purpose and the thinking of the jurist is conditioned by the practical purposes pursued by juristic science. The jurist does not mean by law that which lives and is operative in human society as law, but law exclusively important in the administration of justice as a rule according to which the judges must decide the legal disputes. However, juristic science as a whole proceeds by abstractions and deductions but sometimes loses contact with reality. The rule of human conduct and the rule according to which the judges decide legal disputes may be distinct; a layman does not always act according to the rules which the judges apply for the judicial decisions as the rules to guide human conduct. However, the scientific view has given way to the practical view, adapted to the requirements of the judicial officials according to which they must proceed, but they arrive at this view by a jump in their personal thinking. They mean that the rules according to which courts decide are the rules according to which men ought to regulate their conduct. In this respect it is altogether different from true science. It is true that that judicial decisions influence the conduct of men, but we must first of all inquire to what extent this is true and upon what circumstances it depends
Question: 1
The purpose of the ‘science of law’ is to achieve
The purpose of the ‘science of law’ is to achieve
Updated On: Jul 17, 2024
- Practical aspects for human conduct.
- Idealistic judicial abstractions.
- Pure knowledge based on reality.
- Judicial purpose.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Pure knowledge based on reality.
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Question: 2
The prevailing method of the practical science of law is the method which is ____
The prevailing method of the practical science of law is the method which is ____
Updated On: Jul 19, 2024
- Employed by judges for application of law.
- Indicated in law books.
- Abstraction of social mind.
- Legal optimism
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The Correct Option is A
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The correct option is (A) : Employed by judges for application of law.
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Question: 3
The judicial thinking is prominently guided by
The judicial thinking is prominently guided by
Updated On: Jul 17, 2024
- Underlying principles of judicial morality
- Principles of professional ethics
- Practical purposes followed by judicial science.
- Classical theories of justice
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The Correct Option is C
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The correct option is (C) : Practical purposes followed by judicial science.
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Question: 4
The present juristic science is losing scientific temperament, because the_____ Which of the following is the most appropriate answer?
The present juristic science is losing scientific temperament, because the_____ Which of the following is the most appropriate answer?
Updated On: Jul 17, 2024
- Judges are not professionally trained
- Judicial abstractions and deductions are different from reality
- Practical purposes followed by judicial science
- Notions for the judicial decisions are inferred from the decision of foreign courts.
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The Correct Option is B
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The correct option is (B) : Judicial abstractions and deductions are different from reality
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Question: 5
The legal propositions are generally based on ______
The legal propositions are generally based on ______
Updated On: Aug 23, 2024
- Generalised possibility
- Exclusivity
- Social interest
- Political interest
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The Correct Option is A
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The correct option is (A) : Generalised possibility
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Question: 6
The judicial expectation from a layman is that
The judicial expectation from a layman is that
Updated On: Jul 17, 2024
- The conduct of man ought to be humane.
- The conduct of man ought to be prudent
- The conduct of man be based on rules decided by courts.
- The conduct of man be based on moral and ethical parameters
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The Correct Option is C
Solution and Explanation
The correct option is (C) : The conduct of man be based on rules decided by courts.
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The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
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