Tribhuvan University
2066
LL.M/I year/LAW Full Marks: 100
Comparative Jurisprudence Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
1. Do you find any distinction between legal theory; legal philosophy and jurisprudence? Clarify and show the scope and importance of jurisprudence in the study of law with special reference to Nepal
2. Hart is regarded as the leading contemporary representative of British positivism. But it seems, he is not as hard as his predecessors. Hart has attempted to restate a natural law position from a semi-sociological point of view. He concentrates upon certain facts of human nature and postulates minimum content of natural law. It seems positivism and natural law are coming together in this legal philosophy. What are the minimum content of natural law enumerated by Hart? Discuss and evaluate the role of hart in legal theory as a philosopher of law.
3. Durkheim, the great French sociologist takes a considerable interest in legal phenomena and sees law as the measuring rod of any society. Law, he thinks, reproduces the principal forms of social solidarity. How, does he explain his thesis of social solidarity and how is he thesis distinct from the principle of social solidarity of Duguit? Compare and contrast.
4. One sees Feminist Jurisprudence as a off shoot of the critical legal studies while other sees it as a development from the women’s movement more generally. How do you observe the emergence of feminist jurisprudence in the Nepali perspective? Discuss and show the contributions of the Supreme Court of Nepal through its notable decisions in promoting the Feminist Jurisprudence.
5. What is the concept of “justice” in your opinion? What are the Aristotelian principles of justice? It is stated that the pioneer analysis of justice of Aristotle still plays a crucial role in promoting the social solidarity of a society. Do you agree? Evaluate his principles of justice with special reference to Nepal.
6. What do you mean by ‘Sanctity of person?’ Explain. How has the Supreme Court of Nepal been able to maintain the ‘sanctity of person’ through its decisional process? Refer the selected decisions of the Supreme Court in this regard.
7. Explain the Concept of ownership and discuss its function in social ordering. How does the concept of ownership differ from possession? Discuss.
8. Write short notes on any THREE of the followings:
a) Law as a instrument of social change
b) Public interest litigation in Nepal
c) Social engineering theory of Roscoe pound
d) Relationship between Rights and Duties
e) Scandinavian Realism.
