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Question

Which one of the following Jurists asserts that 'Law and morality are complementary and supplementary to each other'?

The correct answer is
H.L.A. Hart

Jurist's View on Law and Morality

The question asks to identify the jurist who stated that 'Law and morality are complementary and supplementary to each other'. This requires understanding the core tenets of major legal theorists regarding the relationship between legal rules and ethical principles.

Analyzing Jurist Assertions

  • John Austin: A proponent of legal positivism, Austin defined law as the command of a sovereign backed by a threat. His theory largely separates law from morality.
  • Hans Kelsen: Known for his Pure Theory of Law, Kelsen aimed to establish law as an independent science, free from moral or social considerations. He viewed law as a normative order distinct from morality.
  • H.L.A. Hart: In his seminal work, 'The Concept of Law', Hart, while primarily a legal positivist, acknowledged a connection between law and morality. He argued for a 'minimum content of natural law', suggesting that certain basic moral rules are necessary for the survival and functioning of any society and its legal system. This implies that law and morality can be seen as complementary and supplementary.
  • Devlin: Lord Devlin, particularly in his essays on the enforcement of morals, argued for the importance of morality in society and supported its enforcement through law, especially in areas of public decency and order. This perspective emphasizes morality's role but differs from Hart's specific assertion of complementarity in structure and function.

Conclusion on Legal Complementarity

H.L.A. Hart's position acknowledges that while law and morality are conceptually distinct, certain moral principles are integral to the existence and efficacy of a legal system. This viewpoint directly supports the assertion that 'Law and morality are complementary and supplementary to each other'.

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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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