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Question

Which of the following is not a jural postulate of the legal system of a society as propounded by Roscoe Pound. So in a civilized society men must be able to assume :

The correct answer is
That people will cause injury to others during their course of work

Roscoe Pound, a prominent legal scholar, outlined several "jural postulates" which represent fundamental assumptions or expectations that members of a civilized society must be able to rely on for the legal system to function effectively. These postulates guide the law in protecting certain interests.

Pound's Jural Postulates Explained

According to Pound, members of a civilized society can generally assume:

  • Security against intentional aggression: Individuals expect that others will not intentionally attack or harm them.
  • Good faith in dealings: People expect others to act honestly and not engage in deceitful practices.
  • Responsibility for own actions: Individuals are responsible for their own conduct and its consequences.
  • Control over property and creations: People expect to be able to control and benefit from property they own or things they create (e.g., inventions, artistic works).
  • Due care from others: Individuals expect others to exercise reasonable care to avoid causing harm, especially in activities like work or business.

Analyzing the Options

The question asks which statement is not a jural postulate. Let's examine the options in light of Pound's theory:

  • Option 1: "That these will be no intentional aggression" aligns with the postulate of security against intentional harm.
  • Option 2: "That members of society will act in good faith" aligns with the postulate of honest dealings.
  • Option 3: "That people will control for their beneficial use, what they have created" aligns with the postulate regarding property and creations.
  • Option 4: "That people will cause injury to others during their course of work" contradicts the fundamental expectation of safety and due care. A functioning legal system aims to prevent injury, not assume it will inevitably happen during work activities. This implies a lack of responsibility and care, contrary to Pound's postulates.

Conclusion

The statement that contradicts the basic assumptions of a civilized legal system, as proposed by Roscoe Pound, is that people will cause injury during their course of work. Instead, the expectation is that others will act with due care to prevent such injuries.

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Important Questions from Jurisprudence

  1. Which of the following is not a theory of legal personality?
  2. Match the LIST-I with LIST-II
    LIST-I ProfounderLIST-II Idea
    A. MimansaI. Law and Morals are same
    B. SmritiII. "Idea of Values" is the foundation
    C. Post Reformation EuropeIII. Law derives authority from State and not morals
    D. KorknovIV. There is distinction between obligatory and recommendatory rules

    Choose the correct answer from the options given below:
  3. Which of the following are correct about "legal theory"?
    A. It defines Law
    B. It analyses legal concepts
    C. It deals with mere theory and has no practical importance
    D. It highlights salient features of legal system
    Choose the correct answer from the options given below.
  4. "True subject matter of ownership in all cases is a right". Who gave this statement?
  5. Arrange the following in the historical order of development of Natural Law theories (ascending)
    A. Union with Divine is end of law
    B. Church is the law giver
    C. Development of idea of Rationalism
    D. Revival of Natural Law
    Choose the correct answer from the options given below:
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