MEDIUMAmity University, Noida Law Admissions 2025
Apply700+ Campus placements at top national and global law firms, corporates, and judiciaries
Analytical School, Natural School, Historical School, Sociological School for CLAT - Practice Questions & MCQ
Edited By admin | Updated on Oct 03, 2023 03:26 PM | #CLAT
Quick Facts
-
5 Questions around this concept.
Solve by difficulty
Q1) The Analytical School of Jurisprudence places a strong emphasis on analysing legal theories and treats the law as it "is" rather than as it "ought to be." It is more concerned with the structure and current legal system than it is with the history or moral standing of the law. A legal theorist named Ms. Ananya examines a recently proposed law. She avoids discussing its ethical consequences or historical context in favour of concentrating entirely on how it makes sense inside the existing legal system.
Question:
What would be the main strategy for Ms. Ananya's analysis of the proposed statute based on her methodology and the tenets of the Analytical School?
Q2) Fact: Novella, California, just approved a rule banning public criticism of any form of government action, citing "public order and safety." Many residents are indignant, claiming that this rule breaches some unalienable rights of people, regardless of city legislation.
Question:
Based on the ideas of the Natural School of Jurisprudence, which of the following best sums up the main complaint of Novella residents against the new law?
Q3) Factual: In the kingdom of Historica, a law was proposed that would abolish the "Festival of Ages," a festival that has been celebrated for more than a thousand years. The directive lists modernisation and economic development as justifications for ceasing operations. A group of residents of Historica stand up in opposition, highlighting the festival's profound historical significance and its ongoing observance since the creation of the kingdom.
Question:
What is the main argument against the decree to abolish the "Festival of Ages" based on public resistance and the tenets of the Historical School of Jurisprudence?
Latest: CLAT 2025 Delhi HC Judgement - Download Order PDF
CLAT 2026: Best Books for CLAT Preparation | 10 Free Mock Tests | Syllabus
Suggest: CLAT 2025 College Predictor
CLAT 2025: Expected Cut Off & Past Trends | Marks vs Rank
Q5)In order to ensure a fair allocation of housing resources, a new housing law has been approved in the state of SocioLand that allots homes based only on income levels. Community organisations, though, have expressed worries. On paper, the rule appears fair, but according to their argument, it ignores factors like different family sizes, the needs of vulnerable groups like the elderly and disabled, and the cultural significance of local communities.
Question:
What would be the primary argument against SocioLand's new housing policy in light of the issues presented and consistent with the Sociological School of Jurisprudence?
Concepts Covered - 1
Analytical School, Natural School, Historical School, Sociological School
Four major schools of Jurisprudence
1. Analytical School:
- The Analytical School of jurisprudence, also known as legal positivism, places great importance on precise analysis and understanding of legal rules. It emphasizes that the validity of a law depends on its source and adherence to established legal procedures, rather than its moral content. In simpler terms, a law is considered valid if it has been correctly made and follows established legal rules, regardless of whether it is morally just.
- Example: Think of a traffic signal – you follow it because it's the law, not necessarily because it's morally right.
- Case Law: In the case of Keshavananda Bharati v. State of Kerala, the Supreme Court of India upheld the principle that certain fundamental rights and principles are beyond the reach of amendment by the legislature, thus reinforcing the significance of legal rules.
2. Natural School:
- The Natural School of jurisprudence believes that there are inherent, universal moral principles that exist independently of human-made laws. These principles can be discovered through reason and conscience. Natural law theorists argue that laws should align with these higher moral principles for them to be just and valid.
- Example: Imagine these principles as ethical signposts guiding society towards justice and morality.
- Case Law: The Indian Constitution's Preamble reflects Natural Law principles by emphasizing justice, liberty, equality, and fraternity as foundational values. These values are not just legal concepts but moral imperatives that guide the nation.
3. Historical School:
- The Historical School emphasizes that laws should be understood within their historical and cultural contexts. It recognizes that laws evolve over time to adapt to society's changing needs. Understanding the historical development of laws helps in their proper interpretation and application.
- Example: Think of laws as evolving documents, mirroring the societal changes they address.
- Case Law: In the case of Shah Bano, the Supreme Court considered the historical and social context when determining maintenance rights for Muslim women. It acknowledged the significance of past customs and practices while applying modern legal principles.
4. Sociological School:
- The Sociological School of jurisprudence emphasizes that laws should reflect the values and needs of society. It views law as a dynamic instrument for addressing societal issues and promoting social justice. In this view, the law serves as a tool to mold a fairer society.
- Example: Imagine laws as instruments of social change, responding to society's evolving expectations.
- Case Law: The Right to Information Act in India is a prime example of the Sociological School in action. It addresses the need for transparency in governance, aligning with the evolving demands of society for accountability and openness.
"Stay in the loop. Receive exam news, study resources, and expert advice!"
Get Answer to all your questions
CLAT Articles
Back to top