2nd Semester LLB Unitary - Jurisprudence - Notes, Question Papers and Syllabus
Jurisprudence
The subject shall be taught by incorporating the recent developments.
Unit I
Meaning of the term Jurisprudence – Norms and the Normative System – Different Types of Normative Systems – Legal System as a Normative Order – Similarities and Differences of the Legal System with Other Normative Systems – Relation of Jurisprudence with Other Social Sciences – Schools of Jurisprudence: Natural Law School, Analytical Legal Positivism, Historical School, Sociological School, Realist Movement, Economic Interpretation of Law, Critical Legal Studies (CLS), Feminist Jurisprudence, Indian Jurisprudence – The Concept of Dharma.
Unit II
Austin’s Theory of Sovereignty and Law – Salmond’s Definition of Law – Kelsen’s Pure Theory of Law – H.L.A. Hart’s Theory of Primary and Secondary Rules – Jurisprudence of Interests: Rudolf von Ihering and Roscoe Pound – Purpose of Law – Justice: Theories of Justice, Relation of Justice to Law, Justice and Law: Approaches of Different Schools – Administration of Justice according to Law – Law and Morality: Interrelation, Enforcement of Morals through Law – Hart and Fuller Debate – Hart and Devlin Debate.
Unit III
Sources of Law: Formal and Material Sources, Legal and Historical Sources – Legislation: Supreme and Subordinate, Place of Legislation among Other Sources of Law – Interpretation of Statutes – Precedents: Importance, Doctrine of Stare Decisis, Ratio Decidendi and Obiter Dictum, Theories about the Creative Role of Judges, Comparative Merits and Demerits of Precedents over Legislation – Custom: Reasons for Recognition as a Source of Law, Essentials of a Valid Custom – Juristic Writings – Classification of Law: International and Municipal Law, Public and Private Law, Substantive and Procedural Law.
Unit IV
Meaning and Classification of Legal Rights and Duties – Theories of Legal Rights and Duties – Correlation between Rights and Duties – Rights in a Wider Sense: Hohfeld’s Analysis – Definition and Nature of Personality – Legal Status of Unborn Children, Minors, Lunatics, Drunk and Dead Persons – Legal Status of Animals – Legal Personality of the State – Corporate Personality – Dimensions of Modern Legal Personality: Legal Personality of Non-Human Beings – Definition and Nature of Liability – Kinds of Liability – Theories of Liability – General Conditions of Liability.
Unit V
Definition and Nature of Obligation – Sources of Obligation – Kinds of Obligation – Meaning of Property – Kinds of Property – Intellectual Property – Modes of Acquisition of Property – Concept of Possession and Ownership – Theories of Possession and Ownership – Kinds of Possession and Ownership – Modes of Acquiring Possession and Ownership.
Suggested Readings
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Friedman, Legal Theory (5th Edition)
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Wayne Morrison, Jurisprudence from the Greek to Post-Modernism
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Dias, Jurisprudence
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P.J. Fitzgerald, Salmond on Jurisprudence
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Bodenheimer, Edgar, Jurisprudence: The Philosophy and Method of the Law
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H.L.A. Hart, The Concept of Law
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John Austin, Lectures on Jurisprudence
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Mahajan, V.D., Jurisprudence and Legal Theory
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Roscoe Pound, Introduction to the Philosophy of Law
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G.C. Venkata Subba Rao, Jurisprudence and Legal Theory
Download Study Material and PYQ Here