Jurisprudence
Dr. Bhimrao Ambedkar Law University, Jaipur · LL.B. Semester 3 · 3.2
Unit I — Nature and Scope
1.1 Meaning, Nature and Scope of Jurisprudence · 1.2 Definition and classification of Law; Law and Morality – Distinction and Inter-relationship Codification: Advantages and Disadvantages of Codification; · 1.3 Sources of Law – Legislation, Precedent, Custom and Juristic Writing · 1.4 Administration of Justice – Civil and Criminal Justice · 1.5 Codification
- Introduction, Meaning, nature, scope and importance of jurisprudence
- Law
- Sources of law
- Precedent — Meaning and nature of Precedent as a source of law
- Legislation — Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation
- Convention as a source of law
- Law and Morality, Ancient Indian concept of Dharma
Unit II — Schools of Jurisprudence
2.1 Analytical School of Jurisprudence, Kelsen’s Pure Theory of Law · 2.2 Historical School · 2.3 Sociological School · 2.4 Natural Law School · 2.5 American Realism
- Schools of Jurisprudence 3.1Natural Law School
- Legal positivism Bentham's Utilitarian theory, Austin's Imperative/ Analytical theory, Prof. HLA Hart's Concept of Law, Hans Kelson's Pure Theory of Law
- Historical school of law — Savigny's view, Puchta's view, Main's view
- Sociological school of law — Roscoe Pound's Social Engineering Theory
- Realist school of law — American Realist School The Scandinavian Realist School
Unit III — Legal Concepts: Rights, Duties, and Person
3.1 Rights and Duties – Meaning, Classification, Theories and Hohfeld’s Analysis · 3.2 Person and Legal Personality – Natural and Artificial Persons, Theories of Corporate Personality · 3.3 Ownership and Possession – Theories, Kinds, Acquisition and Termination and Relation with Ownership · 3.4 Property – Concept, Classification and Modes of Acquisition · 3.5 Liability – Conditions, Kinds and Theories of Punishment
- Rights and Duties Meaning of Rights Characteristics of legal Rights Rights and Duties correlations
- Persons Nature of Personality
- Ownership Definition Characteristics of Ownership Possession and Ownership Austin's conception of Ownership Different kinds of Ownership
- Possession Concept of Possession
- Property Philosophical Theories of Property Kinds of Property
- Theories and Kinds of Punishment
Unit IV — Modern Developments and Application of Jurisprudence
4.1 Natural Law and its Modern Revival · 4.2 Concepts of Justice – Aristotle, Rawls, Nozick, Amartya Sen · 4.3 Legal Systems – Common Law, Civil Law and Socialist Law · 4.4 Feminist and Critical Legal Theories – Feminist Jurisprudence, Postmodernism · 4.5 Globalization, Technology and the Future of Jurisprudence