Political Science-1996-Set III

(Only those questions different from set I and set II have been answered here.)

Q1. Mention any two sources of law. (2 marks)
Ans. Sources of law may include:-
(a) CUSTOMS – In every community the earliest form of law is traceable in the well established practices of the people. These practices developed because of the utility inherent in them. In due course a practice becomes a uage which after sufficient standing hardens into a custom. e.g. thecommon law of England consists mainly of customs accepted by courts of law.

(b) LEGISLATION – It means placing of a specific rule on the statute book of the land. It reflects the will of the state as determined by the law making organs. Due to the codification of law, uncertainities and ambiguities have been sufficiently narrowed down.

Q28. Write an essay on liberalism. (6 marks)
Ans. Liberalism is a doctrine emerged out of the Enlightenment, the Glorious Revolution in England and the French revolution. From the enlightenment emerged the view that there are no moral goals which we know for certain to be absolutely right and therefore to impose any one way of life on the citizen of a state is wrong. From the Glorious Revolution emerged the view that the divine right of any kind of rule could not be justified and from the French Revolution the claim that the individual liberty is so sacred that no authority can violate it.

However, liberalism remained the philosophy of the capitalist classes and its objective is to provide a congenial atmosphere for the development of capitalism. It talks about minimial state interference in economy. Even if the state is assigned certain welfare functions, the objective is not to give justice to the workers but they are used for appeasing the revolutionary working class.

Though positive liberalism regards the state as a moral and welfare institution, if at certain stage, its welfare measures fail in satisfying the working class and the working class threatens the capitalist socio-economic system, then the state sheds off its democratic posture and emerges in its naked form. This increases the threat of totalitarianism.

Liberalism maintains that political power (state) can regulate economic power (capitalist class) in the overall interest and welfare of society. But this is practically untrue because it is the economic power which controls the political power.

Moreover, positive liberalism enthrusts the state with the responsibility of creating conditions necessary for the fulfilment of individuals liberty. It maintains that the state is the gaurdian of collective welfare. But this view is not correct as the question of liberty is closely associated with the socio-economic system and the conditions for the fulfilment of liberty cannot be established by any agency in a capitalist system.

Liberalism also maintains that through progressive taxation, income redistribution policies and economic measures of the state, economic equality can be achieved but the fact is that without abolishing private property in a class divided society equality will be unrealistic.

The marxist critique of liberalism is that social change in a class divided society can not be brought about by social reforms and incremental changes but by the intensification of class- struggle through a revolution. During the course of development of liberalism itself, the change from fendalism to capitalism was not brought about by incremental changes but through the English, French and other revolutions. Thus liberalism rejects the scientific process of revolutionary change.

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