MCQs · Q1
Q.Which of the following best defines 'Law' in the sense understood by jurists such as John Austin?
(a) A set of moral principles that members of a society are free to follow voluntarily
(b) A body of rules of conduct, recognised and enforced by the State, that regulates human behaviour in society
(c) A collection of religious commandments guiding the personal conduct of individuals
(d) An informal code of etiquette observed at social gatherings
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Why (b) is correct: John Austin defined law as a command issued by a sovereign political authority, backed by a sanction, and habitually obeyed by the people it governs. Sir John Salmond similarly defined law as the body of principles recognised and applied by the State in the administration of justice. Both definitions converge on the same core idea that option (b) captures precisely: law is a body of rules of conduct that is (i) recognised by the State, (ii) enforced by the State (through its courts and administrative machinery), and (iii) applicable to regulate human behaviour in society.
Why the distractors are wrong:
- (a) describes morality, not law. Moral principles guide conduct, but breach of a moral principle attracts only social disapproval, not a State-imposed legal sanction — and morality is followed voluntarily, whereas law is enforceable even against an unwilling person.
- (c) describes religion. Religious commandments may well shape a society's moral and even legal norms over time, but a religious commandment becomes "law" only if the State formally enacts or recognises it as such — until then, it binds only the conscience of a believer, not everyone within the State's jurisdiction.
- (d) describes social etiquette — customs of polite behaviour with no legal sanction attached at all. Breaching etiquette may cause embarrassment, but it invites no fine, imprisonment, or court action.
✓Final answer
(b)
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