Jurisprudence and Its Role in Law Making
jurisprudence ap_lawcet advanced mcq_helpMain stream legal thinkers consider legal positivism as one of the most influential legal philosophy, this is because its core idea is that law is based on fact alone, not on moral or ethical considerations. This philosophy is mainly associated with two jurists John Austin and Hans Kelsen.
Q: Which of the following is the core idea of legal positivism as per John Austin and Hans Kelsen?
A) Law is based solely on social norms and customs. B) Law is based on moral and ethical principles. C) Law is based solely on fact and not on moral or ethical considerations. D) Law can be amended through public protest.
What's your answer?
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Jurisprudence plays a crucial role in law making yaar! It's the study of law as a whole, and helps us understand the underlying principles and philosophies. Thomas Aquinas said it's not just about rules, but also about justice and moral values. Agree, jurisprudence shapes our legal system and influences lawmakers.
Arre yaar, I don't think jurisprudence plays a significant role in law making. It's more about theoretical understanding, yaani, what should be the law, but not actually making it. Law making is a political process, and judges just interpret existing laws. Humein court mein jaakar hamesha kuch aisa hi hota hai, we can't go beyond the law as it stands today. Jurisprudence ko practical application milne mein lagta hai kai baar.
Saare log kehti hain ki jurisprudence ka role law making mein niyamit hota hai, lekin mujhe lagta hai ki iske andar kuch aur hai. Jurisprudence naye niyamon ko justify karne ke liye upyog hota hai, jo ki law making process ko affect karti hai. Aur ismein philosophy ke tatvon ka bhi impact hota hai, jo ki koi bhi law making desh ka faisla karne ke liye jaroori hai.