All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
62.

According to the theory of ‘social utilitarianism’ as propounded by Ihering

A: greatest number of people should get greatest pleasure
B: the essential body of legal rules is always based upon the social “facts” of law
C: a balance is to be struck between the competing interests in society
D: law is a means to social ends

The answer is: D

Explanation

The correct option is D: law is a means to social ends.

This is because Ihering's theory of social utilitarianism emphasizes the needs of society over the individual, and views law as a tool to achieve social goals. According to Ihering, law is not a product of reason or logic, but of the struggle for rights and interests in society. He argues that law is a dynamic and progressive force that adapts to the changing social conditions and demands. He also believes that law should serve the common good and promote justice, security, and welfare for all. Therefore, option D best captures his philosophy of social utilitarianism. 

Option A is incorrect because it reflects the individualist approach of Bentham, who advocated for the principle of utility, which states that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. Bentham's utilitarianism is based on the calculation of pleasure and pain for each individual, whereas Ihering's utilitarianism is based on the balance of interests for the society as a whole.

Option B is incorrect because it describes the sociological school of jurisprudence, which studies law as a social phenomenon and examines its relation to other social institutions, such as religion, morality, economy, and politics. The sociological school does not focus on the purpose or function of law, but rather on the empirical observation and analysis of law in society.

Option C is incorrect because it is too vague and does not specify what kind of interests are involved or what criteria are used to balance them. Ihering's theory of social utilitarianism is more specific and concrete in defining the interests that law should protect and promote, such as justice, security, and welfare. He also provides a method for balancing these interests, which is based on the concept of solidarity, or the mutual dependence and cooperation among members of society.