Fall SemeSter 2025 | UNISa aSSIgNmeNt |
lJU4801 – legal PhIloSoPhy | ComPlete
aNSwerS, CrItICal DISCUSSIoNS & UPDateD StUDy
gUIDe | DUe November/DeCember 2025
Question 1: What is the primary focus of legal positivism?
• A) The moral foundations of law
• B) The separation of law and morality
• C) The existence of legally valid rules
• D) The principles of natural law
Correct Option: C) The existence of legally valid rules
Rationale: Legal positivism asserts that laws are rules created by humans and are valid
regardless of their moral content. This distinguishes it from natural law theories, which
posit that law must conform to moral standards.
Question 2: Who is considered the father of natural law theory?
• A) Thomas Aquinas
• B) Jeremy Bentham
• C) H.L.A. Hart
• D) John Austin
Correct Option: A) Thomas Aquinas
Rationale: Thomas Aquinas developed a comprehensive natural law theory,
emphasizing that true laws must align with moral principles derived from eternal law,
which resides in the divine order.
Question 3: Which legal philosopher is associated with the concept of "the rule of
recognition"?
• A) Lon L. Fuller
• B) H.L.A. Hart
• C) Ronald Dworkin
• D) John Finnis
Correct Option: B) H.L.A. Hart
Rationale: H.L.A. Hart introduced the concept of the "rule of recognition," which is a
,foundational rule that allows legal systems to identify valid legal norms and differentiate
between legal and non-legal rules.
Question 4: Which thinker argued that law is a form of social control?
• A) John Stuart Mill
• B) Karl Marx
• C) Roscoe Pound
• D) Hans Kelsen
Correct Option: C) Roscoe Pound
Rationale: Roscoe Pound viewed law as a tool for social engineering or social control,
emphasizing the role law plays in balancing individual interests within society.
Question 5: Which of the following describes the "principle of utility"?
• A) The greatest happiness for the greatest number
• B) The inherent rights of individuals
• C) The separation of public and private law
• D) The necessity of procedural justice
Correct Option: A) The greatest happiness for the greatest number
Rationale: The principle of utility, associated with utilitarianism, posits that the best
action or policy is one that maximizes overall happiness and welfare for the majority.
Question 6: What does the term "jurisprudence" primarily refer to?
• A) The writing of laws
• B) The theory and philosophy of law
• C) The application of laws in courts
• D) The enforcement of legal rules
Correct Option: B) The theory and philosophy of law
Rationale: Jurisprudence is the study of legal systems, principles, and concepts,
examining the nature, purposes, and applications of law.
Question 7: Which philosopher is known for the theory of social contract?
• A) H.L.A. Hart
• B) John Locke
, • C) Karl Marx
• D) Friedrich Nietzsche
Correct Option: B) John Locke
Rationale: John Locke's theory of the social contract argues that individuals consent to
form a government to protect their natural rights, a foundational idea for liberal political
philosophy.
Question 8: What does "legal realism" emphasize?
• A) The abstract nature of legal principles
• B) The moral content of laws
• C) The influence of social and economic factors on law
• D) The inherent rights assigned by nature
Correct Option: C) The influence of social and economic factors on law
Rationale: Legal realism posits that law should be understood by considering the social
context and consequences of legal decisions, focusing on how laws function in practice
rather than in theory.
Question 9: Who introduced the 'pure theory of law'?
• A) Roscoe Pound
• B) John Austin
• C) Hans Kelsen
• D) Jeremy Bentham
Correct Option: C) Hans Kelsen
Rationale: Hans Kelsen developed the 'pure theory of law,' which seeks to describe law
in a systematic manner while removing ethical and moral considerations, focusing
solely on its normative structure.
Question 10: What is the main criticism of legal positivism?
• A) It does not account for moral principles
• B) It limits the definition of law to only written statutes
• C) It confuses law with morality
• D) It disrespects customary laws
, Correct Option: B) It limits the definition of law to only written statutes
Rationale: Critics argue that legal positivism’s strict focus on written rules overlooks
the importance of unwritten laws, social customs, and moral considerations that also
shape legal systems.
Question 11: Which of the following is a key feature of natural law theory?
• A) Law is based solely on human conventions
• B) Legal validity derives from social recognition
• C) Laws must align with moral principles
• D) Law exists independently of moral considerations
Correct Option: C) Laws must align with moral principles
Rationale: Natural law theory asserts that legitimate laws are rooted in moral
principles, asserting that there is an inherent connection between law and morality.
Question 12: What role does "interpretivism" play in legal philosophy?
• A) It rejects all forms of moral reasoning in law
• B) It strictly follows the intentions of lawmakers
• C) It emphasizes the role of legal principles in interpreting statutes
• D) It equates law with social practice
Correct Option: C) It emphasizes the role of legal principles in interpreting statutes
Rationale: Interpretivism suggests that legal interpretation should incorporate broader
legal principles and moral values, influencing how laws are applied in specific cases.
Question 13: In which philosophical framework is law viewed as a reflection of
society's moral values?
• A) Legal positivism
• B) Critical legal studies
• C) Natural law
• D) Law and economics
Correct Option: C) Natural law
Rationale: Natural law theories assert that law should reflect moral truths, seeing a
close alignment between societal morals and the laws that govern conduct.
lJU4801 – legal PhIloSoPhy | ComPlete
aNSwerS, CrItICal DISCUSSIoNS & UPDateD StUDy
gUIDe | DUe November/DeCember 2025
Question 1: What is the primary focus of legal positivism?
• A) The moral foundations of law
• B) The separation of law and morality
• C) The existence of legally valid rules
• D) The principles of natural law
Correct Option: C) The existence of legally valid rules
Rationale: Legal positivism asserts that laws are rules created by humans and are valid
regardless of their moral content. This distinguishes it from natural law theories, which
posit that law must conform to moral standards.
Question 2: Who is considered the father of natural law theory?
• A) Thomas Aquinas
• B) Jeremy Bentham
• C) H.L.A. Hart
• D) John Austin
Correct Option: A) Thomas Aquinas
Rationale: Thomas Aquinas developed a comprehensive natural law theory,
emphasizing that true laws must align with moral principles derived from eternal law,
which resides in the divine order.
Question 3: Which legal philosopher is associated with the concept of "the rule of
recognition"?
• A) Lon L. Fuller
• B) H.L.A. Hart
• C) Ronald Dworkin
• D) John Finnis
Correct Option: B) H.L.A. Hart
Rationale: H.L.A. Hart introduced the concept of the "rule of recognition," which is a
,foundational rule that allows legal systems to identify valid legal norms and differentiate
between legal and non-legal rules.
Question 4: Which thinker argued that law is a form of social control?
• A) John Stuart Mill
• B) Karl Marx
• C) Roscoe Pound
• D) Hans Kelsen
Correct Option: C) Roscoe Pound
Rationale: Roscoe Pound viewed law as a tool for social engineering or social control,
emphasizing the role law plays in balancing individual interests within society.
Question 5: Which of the following describes the "principle of utility"?
• A) The greatest happiness for the greatest number
• B) The inherent rights of individuals
• C) The separation of public and private law
• D) The necessity of procedural justice
Correct Option: A) The greatest happiness for the greatest number
Rationale: The principle of utility, associated with utilitarianism, posits that the best
action or policy is one that maximizes overall happiness and welfare for the majority.
Question 6: What does the term "jurisprudence" primarily refer to?
• A) The writing of laws
• B) The theory and philosophy of law
• C) The application of laws in courts
• D) The enforcement of legal rules
Correct Option: B) The theory and philosophy of law
Rationale: Jurisprudence is the study of legal systems, principles, and concepts,
examining the nature, purposes, and applications of law.
Question 7: Which philosopher is known for the theory of social contract?
• A) H.L.A. Hart
• B) John Locke
, • C) Karl Marx
• D) Friedrich Nietzsche
Correct Option: B) John Locke
Rationale: John Locke's theory of the social contract argues that individuals consent to
form a government to protect their natural rights, a foundational idea for liberal political
philosophy.
Question 8: What does "legal realism" emphasize?
• A) The abstract nature of legal principles
• B) The moral content of laws
• C) The influence of social and economic factors on law
• D) The inherent rights assigned by nature
Correct Option: C) The influence of social and economic factors on law
Rationale: Legal realism posits that law should be understood by considering the social
context and consequences of legal decisions, focusing on how laws function in practice
rather than in theory.
Question 9: Who introduced the 'pure theory of law'?
• A) Roscoe Pound
• B) John Austin
• C) Hans Kelsen
• D) Jeremy Bentham
Correct Option: C) Hans Kelsen
Rationale: Hans Kelsen developed the 'pure theory of law,' which seeks to describe law
in a systematic manner while removing ethical and moral considerations, focusing
solely on its normative structure.
Question 10: What is the main criticism of legal positivism?
• A) It does not account for moral principles
• B) It limits the definition of law to only written statutes
• C) It confuses law with morality
• D) It disrespects customary laws
, Correct Option: B) It limits the definition of law to only written statutes
Rationale: Critics argue that legal positivism’s strict focus on written rules overlooks
the importance of unwritten laws, social customs, and moral considerations that also
shape legal systems.
Question 11: Which of the following is a key feature of natural law theory?
• A) Law is based solely on human conventions
• B) Legal validity derives from social recognition
• C) Laws must align with moral principles
• D) Law exists independently of moral considerations
Correct Option: C) Laws must align with moral principles
Rationale: Natural law theory asserts that legitimate laws are rooted in moral
principles, asserting that there is an inherent connection between law and morality.
Question 12: What role does "interpretivism" play in legal philosophy?
• A) It rejects all forms of moral reasoning in law
• B) It strictly follows the intentions of lawmakers
• C) It emphasizes the role of legal principles in interpreting statutes
• D) It equates law with social practice
Correct Option: C) It emphasizes the role of legal principles in interpreting statutes
Rationale: Interpretivism suggests that legal interpretation should incorporate broader
legal principles and moral values, influencing how laws are applied in specific cases.
Question 13: In which philosophical framework is law viewed as a reflection of
society's moral values?
• A) Legal positivism
• B) Critical legal studies
• C) Natural law
• D) Law and economics
Correct Option: C) Natural law
Rationale: Natural law theories assert that law should reflect moral truths, seeing a
close alignment between societal morals and the laws that govern conduct.
