Syllabur Of Jurisprudence (deep Narayan Sir ).docx

School of Law and Governance

L T P C

Course Code: LAW 350/ BALAW5003C04 (2018

Course Title: Jurisprudence

Batch Code) Version1.2

4

Pre-Requisites//Exposure

Legal Method

Co-requisites

Constitution of India

Semester

V

Programme

B.A.LL.B.(H.)

0

0 4

1.0. Course Description: The significance of the study of Jurisprudence lies in the opportunity for lawyers to bring theory and life into focus as it concerns human thought in relation to society. This part of Jurisprudence deals with certain concepts which are the mainstay of law as a system, its administration and adjudication. These concepts recur every day in law, its administration and adjudication. Judges, lawyers, legislators and administrators have to constantly understand the jurisprudential basis of these concepts which are continuously being dealt with in law in all its manifestations. The reading materials being provided are original writings by various thinkers who have thrown light on the understand ingand implication of these concept.

2.0. Course Objectives: 

To develop the understanding of various theories and principles in defining law and justice

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To understand inter-relation between state and people, people to people

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To analyse, explain and classify the law.

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To compare and contrast law with other field of knowledge such as literature, religion and social sciences.

3.0. Course Outcomes: On completion of this course, the students will be able to 

To understand the philosophical basis of laws and regulations.

School of Law and Governance

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To know the reasons of difference in various thinkers and its relevance in contemporary times.

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To understand the conceptual basis of various rights.

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To analyze the jurisprudential aspect of various concepts of property, liability and ownership.

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An analytical capacity in understanding of why and how a particular concepts of laws has evolved.

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This course shall enable the students to understand the various theories of laws.

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A contextual study along with application of various schools philosophy in different cases shall equip students to understand the significance thereto.

4.0. Pedagogy A various learning methods will be used which will emphasize a cooperative learning format. Student led discussions and presentations will be combined with instructor facilitated experiences and lectures. Specific methods include: 

Class Room Discussion

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Lecture Method

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Presentations

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Case Studies

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Projects

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Court Room Exercise

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Seminar, presentations by students,

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Individual and group drills.

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Group Discussion Method

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Case Presentation and Analysis (Socio-Legal & political)

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Moot Court Exercise

5.0. Evaluation Scheme: 

30% - Continuous Internal Assessment (Formative in nature but also contributing to the final grades).

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70% - End Term External Examination (University Examination).

6.0. Course Contents:

School of Law and Governance

UNIT I

Weightage 05

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Meaning, Nature and scope of Jurisprudence

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Need for study of Jurisprudence

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Linkage between Jurisprudence and other sciences such as Criminology, Philosophy, Political Science, History.

UNIT II

Weightage 40%

Analytical School 

Exponents of Analytical School: Bentham, Austin, Salmond, Hart’s concept of law, Fuller’s Criticism

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Kelson’s Pure Theory of Law

Historical School 

Karl Von Savigny’s Theory of Law

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Henry Maine’s Historical Materialism

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Puchta’s view

Natural Law Theories Sociological School 

Theories of Exponents: Ihering, Ehrlich, Leon Duguit

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Roscoe Pound’s Theory of Law

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Sociological Jurisprudence: Indian Position

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Sociology of Law

Realist School

UNIT III

Weightage 10

The Concept of Rights and Duties: Jurisprudential Analysis 

Concept of Right and Duty

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Correlativeness of Right and Duty

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Kinds of Rights: 

Perfect and Imperfect Rights

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Positive and Negative Rights

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Right in rem and Right in Personam

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Properitery Rights and Personal Rights

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Vested and Contingent Rights

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Rights in re-propria and Rights in re-aliena

UNIT IV

Weightage 25

Specific Concepts of Law A. Person 

Kinds of Person

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Kinds of Corporation

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The Doctrine of piercing the veil

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Theories of Corporate Personality: Fiction Theory, Concession Theory, Realist Theory, Bracket Theory, Purpose Theory

B. Possession 

Concept of Possession in Ancient Indian and other Laws

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Protection of Possession by Law: Kant’s Theory, Savigny’s Theory, Ihering’s Theory.

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Kinds of Possession:

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Incorporeal and Corporeal Possession

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Immediate and Mediate Possession

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Adverse and Constructive Possession

Possessory Rights and remedies

C. Ownership 

Meaning and definition of Ownership

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Kinds of Ownership:

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Vested and Contingent Ownership

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Sole and Co-Ownership

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Corporeal and Incorporeal Ownership

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Legal and Equitable Ownership

Modes of Acquisition of Ownership

UNIT V Liability – Civil and Criminal 

Distinction between Civil and Criminal Liability

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Strict Liability

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Vicarious Liability

Weightage 10

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Mistake of Law and Mistake of Fact

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Legal Representatives

UNIT VI

Weightage 10

Feminist Legal Theories 

What is Feminism

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Feminist Legal Theory 

Regarding Nature of State

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Regarding Definition and explanation of Patriarchy

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Regarding Strategies for women emancipation

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The Effect of Law on the Oppression of Women

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Law as an instrument to improve women’s social position.

7.0 Prescribed Readings: 1. Lloyds Introduction to Jurisprudence by M.D.A. Freeman (7thed., 2001) 2. R.W.M. Dias, Jurisprudence (5th ed. 1985) 3. P.J. Fitzgerald, Salmond on Jurisprudence (12th ed., 1966) 4. David P. Dertam (ed.) A Textbook of Jurisprudence by G.W. Paton (4th ed. 1972) 5. Aggarwal, Nomita Prof. (Mrs.), Jurisprudence (Legal Theory), Central Law Publications 6. Rawls, John, A Theory of Justice, Universal Publications 7. Bentham, Jeremy, Bentham’s Theory of Legislation, Lexis Nexis Butterworth 8. Posner, Richard, Frontiers of Legal Theory, --- Shaan Kumar Asthma