Nirma University

Institute of Law
Continuous Evaluation, August 2015
Semester I
LAW & SOCIETY, 2BL115
KEY ANSWER

Roll / Supervisors
Exam No. initial with date

Time: One & half hours Max. Marks : 40

Instructions:
1. Attempt all questions.
2. Figures to right indicate full marks.

Q-1. "Law is the structured and crystallised form of norms and values". In light of
the statement define law and discuss how sociology of law has taken the nature
of law as a subject matter? (12)
ANS:-
-Definition of law and sociology of law
-Sociology of law study 'law' from the viewpoint of sociology
-Jurists and sociologists views on law
-Operative values and attitudes on codified law
-Recognition of social relations in law

Q-2. A. "'Either the government grants us reservation or discontinues the entire

concept of reservation. There is no other option. Until that time, our agitation will
continue. We are now walking the path of Mahatma Gandhi, but if needed, we will
resort to Bhagat Singhs ways,' Hardik Patel." Recently the stir for caste based
reservations hit the headlines of many print and non-print media. In light the
statement (OBC based reservation) give your opinion on reservation policy with
appropriate examples from the text. (10)
ANS:-
-Gujarat state
-'Facts' laid down in Blog (from news paper)
-Opinion on reservation (caste vs class based)

OR

B. "In the wake of the debate over the death penalty following the execution of
Mumbai attack convict Yakub Memon, the Supreme Court has said capital
punishment is not inhuman or barbaric and will not violate the right to life and
liberty in heinous crimes. The observation came from a three-judge bench which
was hearing the appeal from a murder case convict who has been given the death
sentence." In light of the statement (punishment proportionate to crime) discuss
how law evolves and operate in Indian society with substantiation relevant from
the text. (10)
ANS:-
'Facts' which have been in the News
Upendra Baxi's BILS and ILS
Locating it to the capital punishment of the case

Q-3. Write short notes on the followings: (18)

i. legality & legitimacy of law
ANS:-
-legality is refering to statutory law
-legitimacy is referring to tracing origins of law
-analysis of social action
-framework for social action
ii. substantive theory of Henry Sumner Maine
ANS:-
-social contract theory
-from status to contract (kinship to territory)-legal fiction
-society from family patriarch to nation-state
iii. 'law' as mirror of society and 'law' need to be as a mirror of society
ANS:-
-law as 'living law' & 'social law'
-modern codified law