PASSAGE – 4
Law is found in all modern societies, and is usually regarded as the bedrock of civilized existence. But what distinguishes law from other social rules, and in what sense does law operate at an international or even global level? Is there such a thing as 'international law'? In the case of domestic law, it is relatively easy to identify a series of distinguishing characteristics. First, law is made by the government and so applies throughout society. Not only does this mean that law reflects the will of the state and therefore takes precedence over all other norms and social rules, but it also gives domestic law universal jurisdiction within a particular political society. Second, law is compulsory; citizens are not allowed to choose which laws to obey and which to ignore, because law is backed up by a system of coercion and punishment.
Law thus requires the existence of a legal system, a set of norms and institutions through which legal rules are created, interpreted and enforced. Third, law has a 'public' quality in that it consists of codified, published and recognized rules. This is, in part, achieved by enacting law through a formal, and usually public, legislative process. Moreover, punishments handed down for law-breaking are predictable and can be anticipated, whereas arbitrary arrest or imprisonment has a random and dictatorial character.
Fourth, law is usually recognized as binding on those to whom it applies, even if particular laws may be regarded as unjust or unfair. Law is therefore more than simply a set of enforceable commands; it also embodies moral claims, implying that legal rules should be obeyed.
11. With reference to the passage, how law can be distinguished from social rules?
(a) Laws of one country apply to every citizen whereas social rules vary from one society to another.
(b) Laws are enforceable upon the society whereas social rules are not enforceable.
(c) Laws are acceptable to the political society whereas social rules are not.
(d) Laws work according to the proper legal system whereas social rules do not require any system.
12. If a law is proposed by the state, then which of the following condition is necessary to make that law attain legitimacy?
1. Assent of public
2. Legal standing
3. Universal jurisdiction
4. Just character
Answers :
11. Since, Law is made by the government thus it applies throughout the society. Passage is no where mentioning that social rules do not require any system. Thus, (d) is incorrect. Similarly, No where from the passage we can infer that social rules are not acceptable to the political society or they are not enforceable. Hence, (a) is the correct option.
12. According to passage, Law in any society can have legitimacy if it is made by the government, if it is made compulsory, it should have a codified and recognized rules, it should have a binding character that may be just or unjust. Thus, except 2, all are incorrect. Hence, (d) is the correct option.
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