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Read the given passage carefully and choose the most appropriate option to the questions given below.
The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’ of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s?One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of tradeoffs between principal actors and groups. For the United States, which did not want a new organization, the disputed settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms add more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rulebased system and by the symbolic value of a trade organization, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rulebased system with those gains. This reasoning – replicated in many countries – was contained in U. S. Ambassador Kantor’s defense of the WTO, and it announced to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rulebased environment.A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists but the matter went deeper than that. The GATT, and the WTO, are contract organizations based on rules, and it is inevitable that an organization creating a further rule will, in turn, be influenced by legal process. Robert Hudee has written of the‘momentum of legal development’, but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximize. As it played out in the WTO, consistency meant integrating under one roof a whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfatherrights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rulebased system of cooperation since without these value rules would be meaningless in the first place, therefore, create their own incentive for fulfillment.The moment of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades, the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU’sinternal market, in which the doctrine of ‘mutual recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The court is now widely recognized as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the ‘teleological method of interpretation’, whereby the actions of member states were evaluated against ‘the accomplishment of the most elementary goals set forth in the Preamble to the (Rome) treaty. The teleological method represents an effort to keep current policies consistent with stated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with slated rules. In both cases, legal concerns and procedures are an independent force for further cooperation.In the large part, the WTO was an exercise in consolidation. In the context of a trade negotiation that created a nearrevolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, that is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.
In the method of interpretation of the European court of Justice:
Options
Current policies need to be consistent with stated goals.
Actions against member states needed to be evaluated against the said community goals.
Contracting party trade practices need to be consistent with stated rules.
Enunciation of the most elementary community goals needed to be emphasized.
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Solution
Actions against member states needed to be evaluated against the said community goals.
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In 1954, a Bombay economist named A.D. Shroff began a forum of free Enterprise, whose ideas on economic development were somewhat at odds with those then influentially articulated by the Planning Commission of the Government of India. Shroff complained against the 'indifference, if not discouragement, with which the state treated entrepreneurs.
At the same time as Shroff, but independently of him, a journalist named Philip Spratt was writing a series of essays in favour of free enterprise. Spratt was a Cambridge communist who was sent by the party in the 1920s to the foment revolution in the subcontinent. detected in the act, he spent many years in an Indian jail. The books he read in the prison, and his marriage to an Indian woman afterward, inspired a steady move rightwards. By the 1950s, he was editing a pro-American weekly from Banglore, called mysIndia. there he inveighed against the economic policies of the government of India. These, he said, treated the entrepreneur 'as a criminal who has dared to use his brain independently of the state to create wealth and give employment’. The state’s chief planner, P.C. Mahalanobis had surrounded himself with Western leftists and Soviet academicians, who reinforced his belief in 'rigid control by the government overall activities’. The result, said Spratt, would be `the smothering of free enterprise, a famine of consumer goods, and the tying down of millions of workers to soul-deadening techniques.'
The voices of men like Spratt and Shroff were drowned in the chorus of popular support for a model of heavy industrialization funded and directed by the governments. The 1950s were certainly not propitious times for free marketers in India. But from time to time their ideas were revived. After the rupee was devalued in 1966, there were some moves towards freeing the trade regime and hopes that the licensing system would also be liberalized. However, after Indira Gandhi split the Congress Party in 1969, her government took its `left turn’, nationalizing a fresh range of industries and returning to economic autarky.
Philip Spratt came to India because he:
In view of the passage given below. Choose the best option for question.
When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.
Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.
The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.
The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundred times before employing new labour. In other way too, the government hurts industries.
Public sector monopolies like the department of telecommunications and Yidesh sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-business policy is the best pro-people policy By then, of course, the world would have moved even further ahead.
The writer is surprised at the Government's attitude toward its Industrialists because.
In view of the passage given below. Choose the best option for question.
When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.
Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.
The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.
The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundred times before employing new labour. In other way too, the government hurts industries.
Public sector monopolies like the department of telecommunications and Yidesh sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-business policy is the best pro-people policy By then, of course, the world would have moved even further ahead.
The Government was compelled to open the economy due to...
Read the passage and answer the question based on it.
Management education gained new academic stature within US Universities and greater respect from outside during the 1960 and 1970s. Some observers attribute the competitive superiority of US corporations to the quality of business education. In1978, a management professor, Herbert A. Simon of Carnegie Mellon University, won the Nobel Prize in economics for his work in decision theory. And the popularity of business education continued to grow, since 1960, the number of master’s degrees awarded annually has grown from under 5000 to over 50,000 in the mid-1980s as the MBA has become known as ‘the passport to the good life’.
By the 1980s, however, US business schools faced critics who charged that learning had little relevance to real business problems. Some went so far as to blame business schools for the decline in US competitiveness.
Amidst the criticisms, four distinct arguments may be discerned. The first is that business schools must be either unnecessary or deleterious because Japan does so well without them. Underlying this argument is the idea that management ability cannot be taught, one is either born with it or must acquire it over years of practical experience. A second argument is that business schools are overly academic and theoretical. They teach quantitative models that have little application to real-world problems. Third, they give inadequate attention to shop floor issues, production processes and to management resources. Finally, it is argued that they encourage undesirable attitudes in students, such as placing value on the short term and ‘bottom line’ targets, while neglecting longer-term development criteria. In summary, some business executives complain that MBA’s are incapable of handling day to day operational decisions, unable to communicate and to motivate people, and unwilling to accept responsibility for following through on implementation plans. We shall analyze these criticisms after having reviewed experiences in other countries.
In contrast to the expansion and development of business education in the United States and more recently in Europe, Japanese business schools graduate no more than two hundred MBA’s each year. The Keio Business School (KBS) was the only graduate school of management in the entire country until the mid-1970s and it still boasts the only two-year master's programme. The absence of business schools in Japan would appear in contradiction with the high priority placed upon learning by its Confucian culture. Confucian colleges taught administrative skills as early as 1630 and Japan wholeheartedly accepted Western learning following the Meiji restoration of 1868 when hundreds of students were dispatched to universities in US, Germany, England, and France to learn the secrets of Western technology and modernization. Moreover, the Japanese educational system is highly developed and intensely competitive and can be credited for raising the literary and mathematical abilities of the Japanese to the highest level in the world.
Until recently, Japan corporations have not been interested in using either local or foreign business schools for the development of their future executives. Their in-company training programs have sought the socialization of newcomers, the younger the better. The training is highly specific and those who receive it have neither the capacity nor the incentive to quit. The prevailing belief, says Imai, ‘is management should be born out of the experience and many years of effort and not learnt from educational institutions.’ A 1960 survey of Japanese senior executives confirmed that a majority (54%) believed that managerial capabilities can be attained only on the job and not in universities.
However, this view seems to be changing: the same survey revealed that even as early as 1960, 37% of senior executives felt that the universities should teach integrated professional management. In the 1980s a combination of increased competitive pressures and greater multi-nationalization of Japanese business are making it difficult for many companies to rely solely on upon internally trained managers. This has led to the rapid growth of local business programmes and greater use of American MBA programmes. In 1982-83, the Japanese comprised the largest single group of foreign students at Wharton, where they not only learnt the latest techniques of financial analysis but also developed worldwide contacts through their classmates and became Americanized, something highly useful in future negotiations. The Japanese, then do not ‘do without’ business schools, as is sometimes contended. But the process of selecting and orienting new graduates, even MBA’s, into corporations is radically different than in the US. Rather than being placed in highly paying staff positions, new Japanese recruits are assigned responsibility for operational and even menial tasks. Success is based upon Japan’s system of highly competitive recruitment and intensive in-company management development, which in turn are grounded in its tradition of universal and rigorous academic education, life-long employment and strong group identification.
The harmony among these traditional elements has made the Japanese industry highly productive and given corporate leadership a long term view. It is true that this has been achieved without much attention to university business education, but extraordinary attention has been devoted to the development of managerial skills, both within the company and through participation in programmes sponsored by the Productivity Center and other similar organizations.
The 1960s and 1970s can best be described as a period
The old woman didn’t like the look or sound of the kid. She scowled at her husband. ‘Where did you pick up this kitten from? Why do we need her?’ When the old man told her she was a goat kid, she picked her up and exclaimed in amazement: ‘Yes, she is a goat kid!’
All night, they went over the story of how the kid had come into their hands.
That same night the old lady gave the goat kid that resembled a kitten a nickname: Poonachi. She once had a cat by the same name. In memory of that beloved cat, this goat kid too was named Poonachi. They had acquired her without spending a penny. Now they had to look after her somehow. Her husband had told her a vague story about meeting a demon who looked like Bakasuran and receiving the kid from him as a gift. She wondered if he could have stolen it from a goatherd. Someone might come looking for it tomorrow. Maybe her husband had told her the story only to cover up his crime?
The old woman was not used to lighting lamps at night. The couple ate their evening meal and went to bed when it was still dusk. That night, though, she took a large earthen lamp and filled it with castor oil extracted the year before. There was no cotton for a wick. She tore off a strip from a discarded loincloth of her husband’s and fashioned it into a wick.
She looked at the kid under the lamplight in that shed as though she were seeing her own child after a long time. There was no bald spot or bruise anywhere on her body. The kid was all black. As she stared at the lamp, her wide-open eyes were starkly visible. There was a trace of fatigue on her face. The old woman thought the kid looked haggard because she had not been fed properly. She must be just a couple of days old. A determination that she must somehow raise this kid to adulthood took root in her heart.
She called the old man to come and see the kid. She looked like a black lump glittering in the lamplight in that pitch-black night. He pulled fondly at her flapping ears and said, ‘Aren’t you lucky to come and live here?’
It had been a long time since there was such pleasant chit-chat between the couple. Because of the kid’s sudden entry into their lives, they ended up talking a while about the old days.
[Extracted, with edits and revisions, from Poonachi, or the Story of a Black Goat, by Perumal Murugan, translated by N. Kalyan Raman, Context, 2018.]
Why was the old woman not used to lighting lamps at night?
Read the following passage carefully and then answer the questions that follow.
Rural manual workers comprise the single largest occupational category in India. ln 1991, according to the National Commission on Rural Labour, 60 percent of the workers in rural India were manual workers and they numbered more than 160 million. The changes in the working and living conditions of rural labourers are thus central to changes in the welfare of the rural population and of the country as a whole. The structure and working of rural labour markets in India is complex; as is well known, there is great diversity across regions and across segments of the labour market. This article brings together an interesting body of research that seeks to understand and explain the types of changes that have accrued in the structure of rural labour markets over the last few decades.
The 1980s were characterised by an explosion of the rural labour force, slow employment growth in agriculture and a rise in the share of non-agricultural employment. The decade was also characterized by a growing casualisation of the workforce (for a relative rise in casual employment as opposed to regular employment).
At the same time, it was a period when agricultural wages increased in real terms and when income poverty declined. There was what may be called "the tension between the estimated decline in poverty on the one hand, and the slow growth of agricultural employment and increased casualisation of the labour force on the other. Some of the trends in the development of rural labour over for this period are a source of concern. These include, as Radhakrishnan and Sharma note, the continuous widening of the gap between labour productivity in agricultural and non-agricultural occupations, the burgeoning mass of rural casual workers who have no social security safety net, and the increasing number of women employed at very low wages in agriculture. Another matter for concern, one that emerges from the desegregation of data on rural unemployment by age groups, is that the incidence of unemployment is higher for persons in the age group of 15-29 than for any other age group in others words, unemployment is typically high among new entrants to the workforce.
ln, her review of trends in wages, employment and poverty, Sheila Bhalla shows that the real wages of agricultural labourers stagnated from the time of independence to the mid1970s and then began to rise in all parts of the country. This was also the period in which the incidence of rural poverty began to decline. The rise in wages was not limited to the more prosperous agricultural zones, and Bhalla argues that the movement in real wages was co-related with the increase in the share of non-agricultural employment in total employment. As wages in non-agricultural work are typically higher than wages in agriculture, the expansion of non-farm work could also explain some of the declines in rural poverty. In the 1990s, the improvement in real wages and the decline in poverty were reversed while agricultural employment expanded. Economic development all over the world has been associated with a rise in the share of employment in the secondary and tertiary sectors of the economy and a fail in the share of the agricultural sector. In India, changes in the composition of the rural workforce in the 1990's points to a "structural retrogression"
What sort of tension exists between the decline of poverty and the slow growth of agricultural employment and the increased casualisation of the labour force?
The question in this section is based on the passage. The question is to be answered on the basis of what is stated or implied in the passage.
The Constitution of the United States protects both property rights and freedom of speech. At times these rights conflict. Resolution then requires a determination as to the type of property involved. If the property is private and not open to the general public, the owner may absolutely deny the exercise of the right of free speech thereon. On the other hand, if public land is at issue, the First Amendment protections of expression are applicable. However, the exercise of free speech thereon is not absolute. Rather it is necessary to determine the appropriateness of the forum. This requires that consideration be given to a number of factors including character and normal use of the property, the extent to which it is open to the public, and the number and types of persons who frequent it. If the forum is clearly public or clearly private, the resolution of the greater rights is relatively straight forward.
In the area of quasi-public property, balancing these rights has produced a dilemma. This is the situation when a private owner permits the general public to use his property. When persons seek to use the land for passing out handbills or picketing, how is a conflict between property rights and freedom of expression resolved?
The precept that a private property owner surrenders his rights in proportion to the extent to which he opens up his property to the public is not new. In 1675, Lord Chief Justice Hale wrote that when private property is “affected with a public interest, it ceases to be private.” Throughout the development of AngloAmerican law, the individual has never possessed absolute dominion over property. Land becomes clothed with a public interest when the owner devotes his property to a use in which the public has an interest. In support of this position the chairman of the board of the Wilde Lake Shopping Centre in Columbia, Maryland said:
The only real purpose and justification of any of these centres are to serve the people in the area -not the merchants, not the developers, not the architects. The success or failure of a regional shopping centre will be measured by what it does for the people it seeks to serve.
These doctrines should be applied when accommodation must be made between a shopping centre owner’s private property rights and the public’s right to free expression. It is hoped that when the Court is asked to balance these conflicting rights it will keep in mind what Justice Black said in 1945: “When we balance the constitutional rights of owners of property against those of the people to enjoy (First Amendment) freedom(s) ......... we remain mindful of the fact that the latter occupy a preferred position.”
A conflict between property rights and freedom of speech might arise in all of the following situations, EXCEPT
Read the given passages and answer the question with the help of the information provided in the passage.
A large number of branches of banks have been set-up in the villages. The main purpose of setting up these banks is to develop the habit of saving among the villagers and also to give loans to farmers for boosting production in one way or the other. So, banks had been concentrated in the bigger cities and Indian villagers had no faith in them.
The new banks also intend to re-channel bank credit -from the big industries to the small sectors. With the intention of promoting rural banking, regional rural banks were established. These aligned the local field with rural problems. These banks are not to replace the other credit-giving bodies but to supplement them.
The Steering Committee of the Regional Rural Banks considered some structural changes. First of all, they gave thought to the staffing spectrum, then to effective coordination among banks rural cooperatives and commercial and the possibility of bringing credit within the access to weaker sections. They wanted to recruit staff for the rural banks at lower salaries. But, this type of discrimination would have been unfruitful. So, it was given up.
A problem with regard to the rural banks is the creditworthiness of the poor. The Indian farmers are so poor that they cannot pay back their loans. The rural Indian surveys make it quite clear that practically rural farmers have no creditworthiness. Their socio-economic mobility is almost zero. That is why banks fear that their credit will never be paid back.
Another difficulty for the rural banks is that loans cannot be processed so easily. Processing loans also entails heavy expenditure. This was also going to affect their financial position. Still, the establishment of the rural banks was decided because the social advantages were more important than the commercial consideration.
Rural banks definitely encourage savings. No doubt the villagers do not have to pay income tax and they get many other concessions, yet their saving is not significant. Despite all the hurdles, the rural banking system will boost up the economy of villages and thereby the economy of the country.
The structural changes made by the steering committee were in respect of
Read the given passages and answer the question with the help of the information provided in the passage.
Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of a community's sense of right and justice.
Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both "in the law" and ''outside the law" so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts and the like. Consider, for example, a statute providing that "no vehicles shall be taken into public parks." Suppose that no specific rationales or purposes were explicitly written into the statute, but that it was clear (from its legislative history) that the substantive purpose of the statute was to ensure quiet and safety in the park. Now suppose that a veterans' group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on the park's quiet and safety. Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule - that a Will is invalid for lack of proper witnessing - has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will's validity or enforcement. Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.
The author of the passage suggests that in English law, a substantive interpretation of a legal rule might be warranted under which one of the following circumstances?
Read the given passages and answer the question with the help of the information provided in the passage.
King Solomon was celebrated for his wisdom. The Queen of the Sheba once paid a visit to his court. She was very much impressed by his wealth and grandeur. She had also heard of his uncanny ability to solve the most difficult puzzles which she meant to test. She showed Solomon two garlands of flowers, one in the right-hand and the other in the left and asked which one was real. The courtiers were puzzled. Both the garlands looked the same. Solomon could not say a word. The Queen felt triumphant. Solomon soon ordered that the windows be opened. A number of bees flew into the hall from the garden and settled on the garland in the right-hand. "The flowers in the right-hand are real", said Solomon. The Queen was greatly impressed with his wisdom.
"Solomon could not say a word." This indicates that he was
