Jurisprudence
University of Burdwan · LL.B. Semester 1 · LCC 3.1.2
Unit I
Definition, meaning, nature, classification, and utility of Jurisprudence
Unit II
Legal theories – Natural Law theories, Imperative theory, Theory of Legal Realism, Pure theory of Law, Sociological theories, Historical School.
- 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
Meaning, Nature and Purpose of Law, Nature of International Law, Law and Morals— Relationship and distinctions, Enforcement of Morality by law Sources of Law – Legislation, Precedents (Ratio decidendi and Obiter Dictum) and Custom
- Law
- Law and Morality, Ancient Indian concept of Dharma
- 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
- Nature, Origin and Historical Development of International Law
Unit IV
Administration of Justice and Theories of Punishment · Legal Right: Meaning, Nature, Characteristics and elements, Relation between Rights and Duties, Kinds of Legal right Concept of Ownership: Idea of ownership, subject matter and characteristics of Ownership, Kinds of Ownership, Modes of acquisition of Qwnership Possession: Meaning, Elements of Possession, Kinds of Possession, Distinctions between Ownership and Possession Personality: Meaning, nature, Natural and Artificial persons, Legal Status of Animals, Dead and Unborn persons, Corporate personality Codification – Meaning, Merits and Demerits Property – Meaning, Kinds of Property, Modes of acquisition of Property.
- Theories and Kinds of Punishment
- Rights and Duties Meaning of Rights Characteristics of legal Rights Rights and Duties correlations
- Persons Nature of Personality
- Property Philosophical Theories of Property Kinds of Property
- Possession Concept of Possession
- Ownership Definition Characteristics of Ownership Possession and Ownership Austin's conception of Ownership Different kinds of Ownership