Jurisprudence II
Hidayatullah National Law University · LL.B. Semester 6 · LLB-C-602
Unit I — INTRODUCTION
Meaning and Concept of Law – Definitions of Law- Approaches of Different Jurists · Kinds of Law and Classification of Law; Nature and Scope of Law · Meaning and Significance of Concepts · Personal Laws and Uniform Civil Code (UCC)
Unit II — SOURCES OF LAW
Custom- Definition of Custom, Kinds of Custom- General and Local Customs, Custom and Prescription, Requisites of a Valid Custom · Legislation- Definition of Legislation, Classification of Legislation- Supreme and Subordinate Legislation, Direct and Indirect Legislation · Precedent- Definition of Precedent, Kinds of Precedent, Meaning of Ratio Decidendi, Stare Decisis, Obiter Dicta, Circumstances which weaken the Binding Force of Precedents, Circumstances which Increase the Binding Force of Precedents · Relative Merits and Demerits of Custom, Legislation and Precedents as a Source of Law
Unit III — CONCEPT OF PERSON
Person- Meaning and Definition; Nature of Personality; Types of Person in Law · Legal Status of Different Entities- Unborn; Minor; Idol; Places of Worship; Dead Persons; Animals; Environment; State · Corporate Personality - Meaning and Status of Corporate Personality, Kinds of Corporation, Theories of Corporate Personality · Emerging Jurisprudential Issues- Abortion vis-à-vis Right to Life of Foetus; Rights of Nature; River and Trees as Person; Criminal Liability of Corporation; Artificial Intelligence and Legal Status as Person; Personhood and Indian Approach; Indian System and Alternate Philosophy
Unit IV — CONCEPT OF RIGHT, DUTY, OBLIGATION, LIABILITY
Rights- Meaning and Definitions of Right · Co-relation of Rights and Duties- Hohfeld’s Analysis of Right - Liberty, Privilege, Power, Immunity, Meaning of Jural Co-relatives and Jural Opposites · Obligation- Meaning, Definition, Sources of Obligation; Liability- Meaning, Definition, Kinds of Liability · Emerging Areas – Rights over Nature or Rights of Nature; Right-Duty Relation with respect to Environmental Resources; Medical Jurisprudence and Issues of Right-Duty- Obligation-Liability
Unit V — CONCEPT OF OWNERSHIP, POSSESSION, PROPERTY
Ownership - Meaning, Definitions, Incidents of Ownership, Austin’s Definition of Ownership, Salmond’s definition of Ownership, Kinds of Ownership, Significance of Ownership in Modern Times · Possession - Meaning, Definitions, Kinds of Possession, Theories of Possession · Property: Meaning, Definition, Types/Kinds, Theories of Property · Emerging Jurisprudential Issues- Ownership over Body; Ownership over Environmental Resources; Genetic material as Property; Biodiversity and Environment as Property; Ownership Changes from Lease to Rent in Business Models & Housing
Unit VI — FEMINIST JURISPRUDENCE
Feminist Jurisprudence- Meaning, Origin, Significance · Schools of Feminist Jurisprudence- Liberal Feminism, Radical Feminism, Cultural Feminism, Post-Modern Feminism · Feminist Jurisprudence in India- An Overview · Emerging Jurisprudential Issues- Rights of Women relating to Marital Rights, Abortion, Surrogacy, Property Rights, Criticisms