All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The correct option is B: Inclusive legal positivism.

Inclusive legal positivism is a school of jurisprudence that believes that there is no necessary connection between law and morality, but there may be instances where moral considerations may play a role in legal validity. Inclusive legal positivists accept the core idea of legal positivism, which is that law is a social phenomenon that can be identified by its sources, such as legislation, custom, or judicial decisions. However, they also allow for the possibility that some legal systems may incorporate moral criteria as part of their sources of law. For example, a constitution may include human rights provisions that are derived from moral principles. In such cases, moral considerations may affect the validity of legal norms, but only because they are recognized by the legal system itself.

Option A is incorrect because natural law is a school of jurisprudence that believes that there is a necessary connection between law and morality, and that law derives its authority from a higher moral order. Natural law theorists argue that law must conform to certain universal and immutable principles of justice and morality that are inherent in human nature or divine will. Law that violates these principles is not true law, but a perversion of law. Natural law theorists reject the idea that law can be identified by its sources alone, and claim that law must also be evaluated by its content and purpose.

Option C is incorrect because exclusive legal positivism is a school of jurisprudence that believes that there is no necessary connection between law and morality, and that moral considerations never play a role in legal validity. Exclusive legal positivists maintain that law is a social phenomenon that can be identified by its sources alone, such as legislation, custom, or judicial decisions. They deny the possibility that any legal system may incorporate moral criteria as part of its sources of law. They argue that moral considerations are irrelevant to the identification and validity of legal norms, and that law and morality are separate and distinct domains.  

Option D is incorrect because inner morality of law is a concept developed by Lon Fuller, who was a critic of legal positivism. Fuller argued that law has an inner morality that consists of certain procedural principles that are essential for the rule of law. These principles include generality, publicity, clarity, consistency, prospectivity, stability, congruence, and practicability. Fuller claimed that these principles are not derived from any external moral source, but from the nature and purpose of law itself. Law that fails to comply with these principles is not true law, but a failure of lawmaking. Fuller did not deny the existence or importance of substantive morality, but he distinguished it from the inner morality of law.  

Option E is incorrect because sociological school of law is a school of jurisprudence that believes that law is a social phenomenon that reflects the values, interests, and needs of the society in which it operates. Sociological jurists study the relationship between law and society, and examine how law affects and is affected by social change. They emphasize the importance of empirical research and interdisciplinary analysis to understand the nature and function of law. They also advocate for legal reform and social justice based on the changing conditions and demands of society. Sociological jurists do not deny the role of morality in law, but they view it as a relative and contingent factor that varies from time to time and place to place.