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Question

Match List - I with List -II:
 

List-1List - II
1. Fiction TheoryI. Brinz
2. Purpose TheoryII. Ihering
3. Realistic TheoryIII. Savigny
4. Bracket TheoryIV. Gierke

The correct answer is
1-III, 2-I, 3-IV, 4-II

Matching Legal Theories with Their Proponents

This question requires matching different legal theories presented in List-I with the specific jurists or theorists associated with them in List-II. Understanding these associations is key to grasping the development of legal thought.

Understanding the Lists for Matching

Here are the items in List-I (Legal Theories) and List-II (Theorists):

List-I (Theory) List-II (Theorist)
1. Fiction Theory I. Brinz
2. Purpose Theory II. Ihering
3. Realistic Theory III. Savigny
4. Bracket Theory IV. Gierke

Detailed Explanation of Each Theory Match

Let's break down the correct matches based on established legal scholarship:

  • Fiction Theory (1) is attributed to Savigny (III). Savigny viewed the legal personality of groups or corporations not as a natural entity but as a legal construct, a 'fiction' created by law to allow groups to act as single legal units.
  • Purpose Theory (2) is associated with Brinz (I). Brinz's theory emphasized the 'goal' or 'purpose' behind legal institutions and concepts, suggesting that the legal nature of groups should be understood through their objectives.
  • Realistic Theory (3) is linked to Gierke (IV). Gierke argued strongly for the 'real' existence of associations and groups, asserting that they possess independent legal life and rights separate from their individual members, going beyond mere legal fictions.
  • Bracket Theory (4) is primarily associated with Ihering (II). Ihering used the metaphor of a 'bracket' to explain how a group could be treated as a distinct entity in law, encompassing its members and allowing it to function as a unified subject of rights and duties.

Finalizing the Correct Match

Based on the explanations above, the correct matching is:

  • Fiction Theory (1) with Savigny (III)
  • Purpose Theory (2) with Brinz (I)
  • Realistic Theory (3) with Gierke (IV)
  • Bracket Theory (4) with Ihering (II)

This corresponds to the pairing 1-III, 2-I, 3-IV, 4-II.

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