Question

Law is conceived as a form of the power value – conceived by

• A. Bentham and Austin
• B. Hart
• C. C Lasswell and McDougal
• D. Karl Olivecrona

Hint:

For jurisprudence questions, create a table mapping key jurists to their respective schools of thought (e.g., Positivist, Realist, Natural Law) and their core ideas or famous quotes. This helps in quickly associating a concept with the correct jurist.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify the jurists who viewed law as a form of "power value." This perspective originates from the American Realist school of jurisprudence, which emphasizes a policy-oriented approach to law, seeing it as a tool for achieving social goals or "values."
Step 2: Detailed Explanation:
- Bentham and Austin belong to the Analytical/Positivist school. They defined law as the "command of the sovereign," which is backed by sanction. While this involves power, their focus was on the source and structure of law, not on law as a value system itself.
- H.L.A. Hart was a leading figure in modern legal positivism. He conceived law as a system of primary and secondary rules, moving away from the simplistic command theory.
- Karl Olivecrona was a Scandinavian Realist who saw law as a set of psychological facts, independent of morality or legislative command. He viewed legal rules as "independent imperatives" that shape human behavior.
- Harold Lasswell and Myres McDougal, associated with the Yale school of policy sciences, developed a unique jurisprudential approach. They argued that law is a process of authoritative decision-making used to achieve certain social values. They identified eight key values, including power, wealth, respect, and skill. In their framework, law is not just a set of rules but a continuous process of making policy choices to maximize these values in society. Thus, they explicitly conceived law in relation to the "power value."
Step 3: Final Answer:
The jurists who conceived law as a form of the power value are C Lasswell and McDougal.