Jurisprudence
Dr. Harisingh Gour Vishwavidyalaya · LL.B. Semester 3 · LAW-CC-315
Unit I — Introduction
Meaning, Nature and Definition of Law and Jurisprudence · Kinds of Law · Classification of Law · Law and morals · State and Sovereignty · 2. Sources of Law · Legislation · Precedents : concept of stare decisis · Customs · Juristic Writing. · Other sources of Law
- Introduction, Meaning, nature, scope and importance of jurisprudence
- Law
- State
- 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
Natural law school · Analytical School · Historical School · Sociological School · Realistic 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 — Rights and Duties
Rights: kinds, theories of rights · Classification of rights and duties · Power and Liability · Immunity and Disability · Right duty correlation · 2. Persons · Nature of Legal Personality · Status of the unborn, minor, lunatic, drunken and dead persons · Corporate personality · Dimensions of the modern legal personality : Legal personality of non- human beings · 3. Liability · Nature of liability · Kinds of Liability · Conditions for imposing liability · Wrongful act · Causation · Mensrea · Intention · Malice · Motive · 4. Obligation: Nature and Kinds · 5. Procedure · Substantive and procedural laws :difference · Evidence : Nature and kinds
Unit IV — The Concept of Property
Property: Kinds, Theories, Acquisition · Intellectual Property · Possession: Kinds, Theories, Acquisition · Ownership: Kinds, Theories, Acquisition, Difference between possession and ownership · Title
Unit V — Law and Social Change
Socio – economic Changes – Legislation · Supreme Court and Socio Economic Changes · The Constitution and Socio – Economic Philosophy · 2. Social Action Litigation