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Answer Writing Practice DAY9 – CS Executive

Today’s Questions (JIGL) CH-1

Q1. What are the different types of laws that can exist in a state?

Q2. What do you understand by legal theory? Differentiate between positive and normative legal theory.

Answer1: Laws may be of three types – mandatory, prohibitive or permissive. 

• Mandatory laws are those that require something to be compulsorily done or observed. For example, taxes have to be paid; corporate Annual Returns have to be filed etc. 

• Prohibitive laws bar certain conduct, something that harms public property, human, animal or plant life, or the environment, etc. 

• Permissive laws are those which neither necessitate nor bar certain acts, rather allow the individual to act in a particular way if he so desires. For example, the requirements of a passport and a visa for travel to another country are the procedure required by law in case a person wants to travel; the law does not bar travel, but rather prescribes a procedure to do so.

Answer2: Legal Theory Legal theory or jurisprudence is the study of how law operates. It is the theory behind any law, the why and wherefore of it. It helps the litigants and the legal professionals both. 

There exist two most prominent schools of legal theory –

• the normative legal theory what the law ought to be, or what ought to be done according to a particular school differs according to the value system being used.

•the positive legal theory – what the law is and why it is that way, and how laws affect the world. This is the study of the actual effect of laws as they stand right now, seeing their practical effects in various terms.

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