Comprehension
The Archimedean point of Habermas‘ philosophy of law is not the concept of natural law. His approach to positive law differs from both Han‘s and Hobbes‘. For him, positive laws are democratically established human artifacts. In the democratic procedure for legislatures to make laws, even if there may be arguments appealing to the concept of natural law, democratically established positive laws are not duplications of natural laws. Instead, they differ from natural laws both in content and form. The legitimacy and validity of positive laws come exclusively from the democratic process in which laws are established and published. By the same token, the rationality of positive laws comes exclusively from a democratic legislature based upon rational communication under the guidance of the communicative rationality. In social management, morality is complementary to positive law. But positive law is not subordinate to [1]. Instead, the two are parallel institutions. Habermas shares with Han and Hobbes the view that positive laws have two salient features. First, they are written and publically published. Second, they are backed by those who have a monopoly on force. The second feature of positive laws is dubbed by Habermas as the ―facticity‖ of law. The facticity or social reality of positive laws is that they are compulsory and backed by sanctions. As Habermas puts it, ―Such laws appear as the will of a lawgiver with the power to punish those who do not comply; to the extent that they are actually enforced and followed, they have an existence somewhat akin to social facts.‖. Also, for Habermas, as it is for Han and Hobbes, positive law differs from natural law in the sense that positive law is a social institution, a human artifact, not a natural institution. Positive law comes into existence by a historical and public action—that is, the democratically legislation of it and its being publically published.
Question: 1
Habermas is a:
Habermas is a:
Updated On: Jul 17, 2024
- German Philosopher
- French Philosopher
- Western Social Scientist
- English Jurist
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The Correct Option is A
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The correct Option is (A): German Philosopher
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Question: 2
For Hobbes, the key tenet of his philosophy is:
For Hobbes, the key tenet of his philosophy is:
Updated On: Jul 19, 2024
- Natural law is necessary for a good positive law and they are not identical in content.
- Natural law is necessary for a good positive law, and they are identical in content but differ in form.
- Natural law is necessary for a good positive law, and they are identical in content but differ in form.
- Natural law is necessary for a good positive law but they differ in both form and content.
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The Correct Option is C
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The correct Option is (C):Natural law is necessary for a good positive law, and they are identical in content but differ in form.
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Question: 3
Which of the following words has been replaced by '[1]' in the above paragraph?
Which of the following words has been replaced by '[1]' in the above paragraph?
Updated On: Aug 22, 2024
- Culture
- Ethics
- Morality
- None of the above.
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The Correct Option is C
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The correct Option is (C):Morality
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Question: 4
Which one of the following statements, correctly conveys the Fuller‘s Inner Morality of Law?
Which one of the following statements, correctly conveys the Fuller‘s Inner Morality of Law?
Updated On: Jul 17, 2024
- Every piece of Law, in order to be valid, must fulfil minimum moral standard comprising of certain procedural requirements like generality, Prospectively promulgation, intelligibility and consistency.
- The contents of every law in order to be valid must be mere minimum moral standard without anything more.
- The question of morality of every law is a matter for the inner conscience of the legislators and judges have nothing to do with it.
- The question of morality of law is not for the courts to determine.
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The Correct Option is A
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The correct Option is (A):Every piece of Law, in order to be valid, must fulfil minimum moral standard comprising of certain procedural requirements like generality, Prospectively promulgation, intelligibility and consistency.
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Question: 5
In which of the following cases, the Supreme Court of India remarked, "Whenever the Court is entering into a new territory and is developing a new legal norm, discussion of normative jurisprudence assumes greater significance as the Court is called upon to decide what the legal norm should be. At the same time, normative jurisprudence has been to be preceded by analytical jurisprudence which is necessary for the Court to underline existing nature of law."
In which of the following cases, the Supreme Court of India remarked, "Whenever the Court is entering into a new territory and is developing a new legal norm, discussion of normative jurisprudence assumes greater significance as the Court is called upon to decide what the legal norm should be. At the same time, normative jurisprudence has been to be preceded by analytical jurisprudence which is necessary for the Court to underline existing nature of law."
Updated On: Aug 22, 2024
- Common Cause v. Union of India (2018)
- Bhupinder Singh v. State of H. P (2011)
- Kumar v. State of T. N (2013)
- Gargi v. State of Haryana (2019)
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The Correct Option is A
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The correct Option is (A):Common Cause v. Union of India (2018)
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Question: 6
Out of the following jurists, whose theory has earned the name of "Natural Law with a Variable Content"?
Out of the following jurists, whose theory has earned the name of "Natural Law with a Variable Content"?
Updated On: Jul 19, 2024
- St. Thomas Aquinas
- John Locke
- Hobbes
- R. Stammler
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The Correct Option is D
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The correct Option is (D): R. Stammler
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Question: 7
Which of the following philosophers gave the theory of "Communicative Action"?
Which of the following philosophers gave the theory of "Communicative Action"?
Updated On: Jul 19, 2024
- Habermas
- John Locke
- Savigny
- Lon L. Fuller
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The Correct Option is A
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The correct Option is (A):Habermas
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Question: 8
According to Habermas, the existence and legitimacy of Positive Laws hinges upon which of the following?
According to Habermas, the existence and legitimacy of Positive Laws hinges upon which of the following?
Updated On: Jul 19, 2024
- Morality
- Publication of Laws
- Rational Democratic Process
- Judicial recognition
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The Correct Option is C
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The correct Option is (C):Rational Democratic Process
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Question: 9
Positive Law is called 'Positive‘ because
Positive Law is called 'Positive‘ because
Updated On: Jul 11, 2024
- It is made as a result of divine providence
- It is made as a result of collective positive action
- It is made by person in authority
- It is followed by everybody
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The Correct Option is C
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The correct Option is (C):It is made by person in authority
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Question: 10
Positivists were romanticists because:
Positivists were romanticists because:
Updated On: Jul 17, 2024
- They were running away from the realities of post-industrial Britain.
- They were not imagining a perfectly ordered society
- They were depicting the state of law and order of contemporary Britain.
- None of the above.
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The Correct Option is A
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The correct Option is (A): They were running away from the realities of post-industrial Britain
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