Jurisprudence (Legal Method, Indian Legal System and Basic Theory of Law)
Cochin University of Science and Technology · LL.B. Semester 3 · 20-271-0303
Unit I — Concept and theories on law
Law and its definition · jurisprudence · its meaning and scope · Nature and functions of law · Law & Morality-Law & Ethics · Law as a social Control · Law and Social change · territoriality · Procedural and Substantive Law · Comparative Law · major legal systems · Various Approaches to Law-Law & Justice · Conception of law in Ancient India · evolution and hierarchy of Courts in India.
Unit II — Concept and theories on Justice
Idea of Justice · Rawls theory · constitutional justice · balance between fundamental rights and directive principles of state policy · distributive justice · social, economic and political justice-brief introduction to idea of justice by Amartya Sen.
Unit III — Legal Concepts
Legal Concepts · Right · Hohfeldian Analysis · liability-obligations-property · ownership and possession · Titles · Persons
- 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
- The law of Obligations The Conception of Obligation Imperfect and Perfect Obligations Simple and Solidary Obligations Sources of Obligations
Unit IV — Sources of law
Legal materials · primary · international legal materials, Constitution, legislation, delegated legislation, rules and regulations, customs, conventions and precedents · structure and content of legislation and delegated legislation-interpretations · Secondary sources of legal materials · Precedents to be given emphasis · ratio decidendi& obiter dicta, Doctrine of prospective overruling · reversing and distinguishing of cases, per incuriam, sub silentio, majority and minority opinions, dissenting judgment
- 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
- Legislative Material — Internal Aids — Parts of a statute and their function in interpretation of a statute — Short and long titles, preamble, schedules, marginal headings, parts, and their captions, chapters and their
- Judicial material — Ratio and guidelines of courts in the following cases, minority, and majority judgements
Unit V — Legal Theories
Legal theories · Natural Law (Ancient, Medieval and period of Social Contractarians · Revival of Natural Law) Positive Law (Austin & HLA Hart), Hart-Fuller Debate (Law and Morality) · Utilitarianism, Kant’s Idealism · Pure Theory of Law, Historical and Sociological School · Emphasis to Maine, Savingy, Roscoe Pound · Dworkin’s theory · Environmental jurisprudence-Critical legal theories · Feminist Jurisprudence · Hegel and Marxian idea of law · Legal 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