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Latest Jurisprudence MCQ Objective Questions

Top Jurisprudence MCQ Objective Questions

Jurisprudence Question 1:

Who among the following defined "Citizenship as full and equal membership in Political Community"? 

  1. Derek Heater
  2. T.H. Marshall
  3. Will Kymlicka
  4. Iris Young

Answer (Detailed Solution Below)

Option 2 : T.H. Marshall

Jurisprudence Question 1 Detailed Solution

The correct answer is T.H. Marshall

Key Points

  • T.H. Marshall is famous for his influential essay on citizenship and social class (1950).
  • He defined citizenship as a status involving full and equal membership in a political community.
  • Marshall outlined three dimensions of citizenship: civil, political, and social rights, emphasizing equality and inclusion.
  • His work shaped modern understanding of citizenship in democratic societies.

Additional Information

  • Option 1. Derek Heater: Known for work on citizenship but did not coin this definition.
  • Option 3. Will Kymlicka: A contemporary political philosopher focusing on multicultural citizenship.
  • Option 4. Iris Young: Focused on justice, inclusion, and democratic theory, but not this specific definition.

Jurisprudence Question 2:

"If your aim is liberty in democracy, then you must teach people the art of being free and of governing themselves." Who gave this statement?

  1. Bertrand Russell
  2. Aldous Huxley
  3. Fichte
  4. David Held

Answer (Detailed Solution Below)

Option 3 : Fichte

Jurisprudence Question 2 Detailed Solution

The correct answer is Johann Gottlieb Fichte

Key Points

  • Johann Gottlieb Fichte was a German philosopher known for his ideas on nationalism, freedom, and self-governance.
  • He emphasized that liberty in a democracy requires educating citizens to be self-governing and responsible.
  • This statement reflects his belief that freedom is not just a right but an art that must be learned and practiced by the people.

Additional Information

  • Option 1. Bertrand Russell: Philosopher and logician, but not associated with this specific statement on democracy and liberty.
  • Option 2. Aldous Huxley: Known for his literary works, especially Brave New World, not this political philosophy statement.
  • Option 4. David Held: Modern political theorist focused on democracy and globalization, but did not make this statement.

Jurisprudence Question 3:

Given below are two statements:
Statement 1:
Jeremy Bentham, the founder of utilitarianism, ridiculed natural rights as a pernicious fiction
Statement II:
Human rights are believed to have been derived from the idea of natural law.

In the light of the above statements, choose the most appropriate answer from the options given below:

  1. Both Statement I and Statement II are correct
  2. Both Statement I and Statement II are incorrect
  3. Statement I is correct but Statement II is incorrect
  4. Statement I is incorrect but Statement II is correct

Answer (Detailed Solution Below)

Option 1 : Both Statement I and Statement II are correct

Jurisprudence Question 3 Detailed Solution

The correct answer is 

Key Points

  • Statement I: Jeremy Bentham, the founder of utilitarianism, ridiculed natural rights as a pernicious fiction: Correct
    • Jeremy Bentham, a key figure in utilitarianism, criticized the idea of natural rights as "nonsense upon stilts."
    • He believed that rights must be created and protected by law, not assumed as inherent or natural.
    • For Bentham, utility (maximizing happiness) was the only valid basis for laws and rights.
  • Statement II: Human rights are believed to have been derived from the idea of natural law: Correct
    • The concept of human rights has roots in natural law theory, which claims that certain rights are inherent by virtue of human nature.
    • Philosophers like John Locke argued that individuals have natural rights to life, liberty, and property.
    • These ideas strongly influenced modern human rights frameworks, including documents like the Universal Declaration of Human Rights (1948).

Additional Information

  • Option 2. Both Statement I and Statement II are incorrect: Incorrect – both accurately reflect well-established philosophical positions.
  • Option 3. Statement I is correct but Statement II is incorrect: Incorrect – human rights do derive historically from natural law concepts.
  • Option 4. Statement I is incorrect but Statement II is correct: Incorrect – Bentham did indeed criticize natural rights as fiction.

Jurisprudence Question 4:

Given below are two statements:
Statement 1:
Liberal feminists argue for laws that give women formal equality of opportunity and freedom from discrimination.
Statement II:
For radical feminists, the prevalence of violence against women is part and parcel of sex-inequality.

In the light of the above statements, choose the most appropriate answer from the options given below:

  1. Both Statement I and Statement II are correct
  2. Both Statement I and Statement II are incorrect
  3. Statement I is correct but Statement II is incorrect
  4. Statement I is incorrect but Statement II is correct

Answer (Detailed Solution Below)

Option 1 : Both Statement I and Statement II are correct

Jurisprudence Question 4 Detailed Solution

The correct answer is Both Statement I and Statement II are correct

Key Points

  • Statement I: Liberal feminists argue for laws that give women formal equality of opportunity and freedom from discrimination.
    • Liberal feminism focuses on individual rights and equal legal status for women.
    • It advocates for reforms within the existing legal and political system.
    • Seeks formal equality, such as equal pay, anti-discrimination laws, voting rights, and educational access.
    • Key objective: Remove legal barriers that prevent women from having the same opportunities as men.
  • Statement II: For radical feminists, the prevalence of violence against women is part and parcel of sex-inequality.
    • Radical feminism sees patriarchy as a deeply rooted system of male dominance.
    • Argues that violence against women (like domestic abuse, sexual violence) is not isolated but structural and systemic.
    • Believes that male control over women’s bodies is central to gender inequality.
    • Advocates for transforming society at a fundamental level, not just legal reform.

Additional Information

  • Both Statement I and Statement II are incorrect: Wrong – both statements accurately represent core ideas of liberal and radical feminism.
  • Statement I is correct but Statement II is incorrect: Wrong – radical feminists do link violence directly with systemic gender inequality.
  • Statement I is incorrect but Statement II is correct: Wrong – liberal feminism does support legal equality and anti-discrimination measures.

Jurisprudence Question 5:

Given below are two statements:
Statement 1:
Thin multiculturalism views some cultural differences as occurring between liberals and non-liberals.
Statement II:
Thick multiculturalism views all cultural differences as disagreements between groups that already agree on liberal values.
In the light of the above statements, choose the most appropriate answer from the options given below:

  1. Both Statement I and Statement II are correct
  2. Both Statement 1 and Statement II are incorrect
  3. Statement I is correct but Statement II is incorrect
  4. Statement I is incorrect but Statement II is correct

Answer (Detailed Solution Below)

Option 3 : Statement I is correct but Statement II is incorrect

Jurisprudence Question 5 Detailed Solution

The correct answer is Statement I is correct but Statement II is incorrect

Key Points

  • Thin multiculturalism views some cultural differences as occurring between liberals and non-liberals." is Correct
  • Thin multiculturalism acknowledges cultural diversity within a liberal framework.
  • It recognizes that some groups may not share liberal values, i.e., they could be non-liberal, and this creates tensions.
  • It often seeks to tolerate or accommodate differences only as far as they do not challenge core liberal principles.

Additional Information

  • Thick multiculturalism goes further than thin multiculturalism.
  • It argues that not all cultures share liberal values, and true multiculturalism must involve engaging with and respecting deep differences — even those that challenge liberalism.
  • So, thick multiculturalism does not assume agreement on liberal values.

Jurisprudence Question 6:

Who described 'Democracy as the tyranny of the majority'?

  1. Tocqueville
  2. David Held
  3. Habermas
  4. Carole Pateman

Answer (Detailed Solution Below)

Option 1 : Tocqueville

Jurisprudence Question 6 Detailed Solution

The correct answer is Tocqueville

Key Points 

  • Alexis de Tocqueville, a 19th-century French political thinker, coined the phrase "tyranny of the majority" in his classic work Democracy in America (1835).
  • He observed that in democratic societies, majority opinion could suppress minority rights, leading to a form of oppression.
  • Tocqueville warned that when majority views dominate without checks, it could lead to conformity and the erosion of individual freedoms.
  • His concern was not with democracy itself, but with its potential to silence dissent and override justice in the name of majority will.

Additional Information

  • Option 2. David Held: Known for his work on models of democracy, but did not coin or focus on "tyranny of the majority".
  • Option 3. Jürgen Habermas: Emphasized deliberative democracy and communicative action, not the tyranny of the majority.
  • Option 4. Carole Pateman: Known for participatory democracy theory, not associated with this concept.

Jurisprudence Question 7:

The author of 'Essay on Toleration' is

  1. Locke
  2. Rousseau
  3. J.S. Mill
  4. Kant

Answer (Detailed Solution Below)

Option 2 : Rousseau

Jurisprudence Question 7 Detailed Solution

The correct answer is Rousseau

Key Points

  • John Locke wrote "A Letter Concerning Toleration" (also referred to as Essay on Toleration) in 1689.
  • In it, he argued for religious tolerance and the separation of church and state.
  • He believed that civil government should not interfere with individuals' religious beliefs unless they threaten public order.
  • This work laid a foundational argument for liberal thought and freedom of conscience.

Additional Information

  • Option 1. Jean-Jacques Rousseau: Wrote The Social Contract, not focused on toleration in the same sense.
  • Option 3. J.S. Mill: Wrote On Liberty, which discusses liberty broadly, not specifically an essay on toleration.
  • Option 4. Immanuel Kant: Known for Critique of Pure Reason and moral philosophy, not the author of this essay.

Jurisprudence Question 8:

Who, amongst the following political philosophers can be associated with the idea of 'Luck egalitarianism'?

  1. John Rawls
  2. Cohen
  3. Robert Nozick
  4. Ronald Dworkin

Answer (Detailed Solution Below)

Option 2 : Cohen

Jurisprudence Question 8 Detailed Solution

The correct asnwer is Cohen

Key Points

  • G.A. Cohen
    • Cohen is a key proponent of Luck Egalitarianism.
    • He argued that inequalities in wealth or opportunity should only be tolerated if they result from individual choices, not unchosen circumstances (like social class or talents).
    • He critiqued Rawls for allowing some inequalities based on the Difference Principle, claiming that Rawls did not eliminate the role of brute luck fully.
    • His theory emphasizes the moral irrelevance of unchosen disadvantages.
  • Ronald Dworkin:
    • Dworkin developed the concept of "equality of resources", which laid the foundation for luck egalitarian thinking.
    • He introduced the idea of a hypothetical insurance market, where individuals choose insurance against being born with lesser abilities.
    • His view seeks to neutralize the effects of brute luck, ensuring that inequalities result from personal responsibility.

Additional Information

  • John Rawls: Focused on "justice as fairness" and the Difference Principle, not considered a luck egalitarian.
  • Robert Nozick: Advocated libertarianism and minimal state; rejected redistribution, making him opposed to luck egalitarian views.

Jurisprudence Question 9:

The Legal maxim "Necessitas publica major est quam privata" means __________.

  1. private necessity is greater than the public necessity
  2. private necessity is not essential for consideration
  3. public necessity is greater than the private necessity
  4. Both public and private necessity should be treated equally. 

Answer (Detailed Solution Below)

Option 3 : public necessity is greater than the private necessity

Jurisprudence Question 9 Detailed Solution

The correct answer is 'Public necessity is greater than private necessity'

Key Points

  • Legal Maxim: Necessitas publica major est quam privata:
    • This Latin legal maxim translates to "Public necessity is greater than private necessity."
    • It emphasizes the principle that the needs of the public or society as a whole should take precedence over the needs of an individual or private entity.
    • The idea behind this maxim is rooted in the broader concept of the common good, where the welfare of the majority outweighs personal or individual interests.
  • Application in Legal Context:
    • This principle is often applied in cases involving conflict between public welfare and private rights, such as eminent domain, public safety, or emergency situations.
    • For instance, governments may impose restrictions on private property or individual actions if it is deemed necessary for the greater good of society.
    • It ensures a balance between individual rights and the collective needs of the community, particularly in situations where public interest is at stake.

Additional Information

  • Incorrect Options:
    • Option 1: Private necessity is greater than public necessity:
      • This option contradicts the fundamental principle of the maxim. Public necessity is always prioritized over private interests, especially in legal and ethical contexts.
    • Option 2: Private necessity is not essential for consideration:
      • This option is incorrect because private necessity can still be considered, but it is secondary to public necessity when the two are in conflict.
    • Option 4: Both public and private necessity should be treated equally:
      • This option misinterprets the maxim. While private necessity is important, the maxim clearly establishes that public necessity holds greater weight in situations of conflict.
  • Relevance in Modern Legal Systems:
    • Many legal systems incorporate the principle of prioritizing public necessity over private necessity in areas such as public health, safety regulations, and environmental protection.
    • It reflects the ethical and legal obligation to prioritize the welfare of the larger population over individual gains or losses.

Jurisprudence Question 10:

The maxim 'ignorantia juris non excusat' means ______.

  1. Ignorance of fact is not excusable
  2. Ignorance of fact is excusable
  3. Ignorance of law is excusable
  4. Ignorance of law is not excusable

Answer (Detailed Solution Below)

Option 4 : Ignorance of law is not excusable

Jurisprudence Question 10 Detailed Solution

The correct answer is 'Ignorance of law is not excusable'

Key Points

  • Ignorantia juris non excusat:
    • The Latin maxim "Ignorantia juris non excusat" translates to "ignorance of the law is not excusable."
    • This principle is a fundamental concept in legal systems worldwide, ensuring that individuals cannot escape liability for their actions by claiming they were unaware of the law.
    • The rationale behind this maxim is that laws are publicly available, and individuals are expected to exercise due diligence in understanding and abiding by them.
    • It promotes legal certainty and accountability, ensuring that individuals cannot use ignorance as a defense to evade legal responsibilities.

Additional Information

  • Ignorance of fact is not excusable (Option 1):
    • This statement is incorrect because, in many legal systems, ignorance or mistake of fact can sometimes serve as a defense under specific circumstances. For example, if someone acts without malicious intent due to a genuine misunderstanding of facts, they might not be held liable.
  • Ignorance of fact is excusable (Option 2):
    • While this is partially true, it is not universally applicable. Mistake of fact may be excusable in some cases, but it depends on the nature of the fact and the context of the legal situation. It does not align with the essence of the maxim in question.
  • Ignorance of law is excusable (Option 3):
    • This is an incorrect interpretation of the maxim. Legal systems generally hold that ignorance of the law cannot be used as an excuse for not following it, as it would undermine the legal framework.
  • Practical Implications:
    • The maxim ensures that individuals are proactive about understanding the laws that apply to them, fostering a culture of legal awareness.
    • However, governments and legal systems also have a responsibility to ensure laws are accessible and understandable to the general public to avoid unfair consequences.
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