Jurisprudence I
Hidayatullah National Law University · LL.B. Semester 5 · LLB-C-503
Unit I — INTRODUCTION
Jurisprudence – Origin, Development, Meaning and Significance · Nature of Jurisprudence and Definitions · Scope of Jurisprudence and inter-relation with other Disciplines · Jurisprudence vis-à-vis Legal Theory
Unit II — LAW, JUSTICE AND MORALS
Meaning and Significance of Justice · Theories of Justice by Aristotle; H.L.A. Hart; John Rawls; Amartya Sen · Meaning, Origin, Importance of Morals, Distinction from other Social and Legal Norms · Relationship between Law and Morals, Legal Enforcement of Morals, Hart Devlin Debate, Hart-Fuller Debate
Unit III — NATURAL LAW SCHOOL
Introduction and Central Features of Natural Law School · Origin and Development of Natural Law and Theories- Ancient Period – Greek Philosophers, Roman Philosophers; The Middle Ages- St. Thomas Aquinas; Renaissance Influence- Social Contract Theories by Grotius, Hobbes, Locke, Rousseau · The Decline of Natural Law- Reasons; The Revival of Natural Law- Reasons and Role of Jurists in Revival- Stammler, Fuller, H.L.A. Hart, Finnis · Natural Law and its Application in India
Unit IV — ANALYTICAL POSITIVISM
Introduction and Central Features of Analytical Positivism · Jeremy Bentham’s Notion of Sovereignty; Theory of Utility; John Austin’s Theory of Law as a Command of the Sovereign; Merits and Demerits; Application of the Theory · Hans Kelsen Pure Theory of Law, Grundnorm, Merits and Criticisms of the Theory, Application in Contemporary Times · H.L.A. Hart- Law as a System of Rules, Primary and Secondary Rules, Rule of Recognition, Merits and Demerits, Application of Theory in Present Times, Hart-Dworkin Debate
Unit V — HISTORICAL SCHOOL OF LAW
Introduction and Central Features of Historical School · Karl Von Savigny- Volksgeist Theory, Features, Merits, Demerits, Application in Present Times · Henry Maine- Theory of Status to Contract- Features, Stages of Society, Stages of Law, Correlation, Agents of Legal Development, Merits and Demerits, Application · Interrelation of Historical School and Anthropology, Relevance in Modern Times
Unit VI — SOCIOLOGICAL SCHOOL OF LAW
Introduction and Central Features of Sociological School · Theories of Jurists- Living Law Theory by Ehrlich; Interest Theory by Ihering; Social Solidarity Theory by Duguit; Merits and Criticisms; Application · Roscoe Pound- Theory of Social Engineering; Jural Postulates; Merits and Criticisms; Application in Present Times · Application of Sociological School Approach in India
Unit VII — CONTEMPORARY LEGAL MOVEMENTS
Realism-American [Meaning and Central Features, theories by Oliver W. Holmes (Badman Theory); Jerome Frank (Skepticism, Father Complex Theory); Carl Llewellyn (Law Jobs Theory)] and Scandinavian [Meaning and Central Features; Theories by Axel Hagerstrom; Prof. Olivercrona; Alf Ross · Critical legal Studies-From What law is to what law hides, The Indeterminacy Thesis, "Law is Politics by Other Means", The Critique of Liberal Rights and Reification and Mystification · Feminist jurisprudence [Meaning, Central features, Waves, Theories · Post Colonial and Subaltern Jurisprudence