Jurisprudence
Gondwana University · LL.B. Semester 3 · UL33C03
Unit I
General-Meaning, Nature and Scope of Jurisprudence, Legal Studies and Jurisprudence, Jurisprudence- Interdisciplinary Approach · Law-Definition of Law, Nature and Kinds , Sources of Law, Law and Morality, Law and Justice, Law, State and Sovereignty, Law and Administration of Justice
Unit II
Natural School of Jurisprudence- · Thomas Acquinas- Rousseau, and Fuller · Analytical School · Approaches of John Austin, H.L.A.Hart, Hans Kelsen · Historical School -Volksgeist- Savigny, Legal Fiction- Sir Henry Maine · Sociological School · Duguit's Social Solidarity, Pound's Social Engineering · Realistic School -Justice Holmes Theory
- 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 Rights and Duties-Definition of Legal rights, Essential elements of Legal Rights, Theories of Legal Rights, Kinds of Legal Rights · Right and Duty relationship,
Unit IV
Persons-Definition , Kinds of Person, Legal Status of Animals, Unborn Person, Dead Person, Idol etc. · Emerging Issues- State as Person, Human right violations and traditional concept of Person · Liability-Definition , nature and Kinds of Liability · Difference between Civil and Criminal Liability · Liability for Negligent acts · Exemptions from Liability · Emerging issues- Death Penalty, Quantum of Compensation, Liablity for terrorist attacks, International crimes and Liablility.
Unit V
Property-Meaning ,Kinds of Property · Modes of acquiring Property, Ownership · Definition, Essentials , Kinds of Ownership · Possession- Meaning ,Scope, Elements of Possession · Possessory Remedies- Why Recognized?