There are two different ways we can think about law and law-making. To put it crudely: we can think of law as partisan, as nothing more than the expression in legislative terms of the particular ideology or policies of a political party; or we can think of law as neutral, as something that stands above party politics, at least in the sense that once passed it ought to command the obedience and respect of everyone... [Political] Parties compete for control of Parliament because they want their values, their ideology, and their programme to be reflected in the law of the land… …no-one doubts that the Commons stage is the most important, and the reason surely is that the House of Commons is the institution most subject to popular control. If laws passed by one Parliament turn out to be unpopular, the electorate can install a majority that is sworn to repeal them. That is what elections and representative politics are all about. On this model, it is simply fatuous to pretend that law is somehow ‘above’ politics. Maybe there are some laws on which everyone agrees, no matter what their ideology. Everyone agrees there should be a law against murder, for example, and that there should be basic rules of the road. But as soon as we turn to the fine print, it is surprisingly difficult to find a consensus on the detail of any legislative provision. And in many cases, even the fundamental principles are the subject of fierce political dispute… What this model stresses, then, is that legislative attitudes are necessarily partisan attitudes. So long as there is tight party discipline in Parliament, legislative decisions will be taken on the basis of the ideology of the leadership of the party in power. The partisan model stresses the legitimacy of these attitudes and this form of decision-making… By contrast, what I call ‘the neutral model’ enjoins a certain respect for law and lawmaking which goes beyond purely partisan views. According to this model there is something special about law, and it carries with it special non-partisan responsibilities. Proponents of the neutral model do not deny that laws are made by party politicians, and that legislation is often motivated by disputed values and ideologies… …their view is that when a law is being made, something solemn is being decided in Parliament in the name of the whole society. Though it is reasonable for bills to be proposed and debated along partisan lines, the decision procedures of Parliament are designed to indicate not merely which is the stronger party, but what is to be the view of society as a whole on some matter for the time being… …the result, the outcome, is a decision of the House as a whole: it is, literally, an act of Parliament, not merely an act of the Conservative party or an act of the Labour party, whichever commands the majority. By virtue of the parliamentary process, it transcends partisan politics, and presents itself as a norm enacted for and on behalf of the entire community… …on the neutral model, the social function idea tends to receive more emphasis than the political provenance. For this reason, the neutral model often focuses on aspects of the legal system that do not involve explicitly partisan initiatives. It focuses on those areas of law where there is something approaching unanimity (such as the fundamental principles of the criminal law and some of the basic tenets of private law). And it focuses particularly on ‘the common law’... ...when common law doctrine strikes out in new directions, the change is usually presented as the product of reasoning which is independent of politics, as though there were an evolving ‘logic’ of the law which could proceed untainted by partisan values or ideology. [Excerpted, with edits, from The Law, by Jeremy Waldron, Routledge, Oxon, 1990.]

Question

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School of Jurisprudence	Description
1. Natural Law	A. Rules Based on reason
2. Analytical	B. Principles enforced by courts
3. Realism	C. Immutable and eternal rules based on moral/divine law
4. Philosophical	D. Law as it is

The Correct Option is C

Solution and Explanation

The Correct Option is B

Solution and Explanation

The Correct Option is A

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Based on the information provided in the passage, which of the following is the most accurate as regards the Basic Structure doctrine in Indian constitutional law?

The Correct Option is D

Solution and Explanation

Based on the passage above, which of the following is Waldron most likely to agree with?

The Correct Option is D

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Which of the following most strongly supports the neutral model of law and law-making?

The Correct Option is A

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Which of the following is a proponent of the neutral model of law-making most likely to agree with?

The Correct Option is C

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Which of the following arguments most strongly supports the partisan model of law-making?

The Correct Option is B

Solution and Explanation

The Correct Option is A

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Which of the following, if true, would most weaken the neutral model of law’s arguments about the common law?

The Correct Option is D

Solution and Explanation

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