Jurisprudence-II

Jamia Millia Islamia · LL.B. Semester 5

Unit I — SOURCES OF LAW

Custom: Origin of Custom-The Position of Custom under Different Legal Systems-Classifications of Custom-Essentials of a Custom-Custom-When transformed into Law-Reasons for receptions of Customary Laws · Legislation: Concept and Nature of Legislation-Place of Legislation among the Sources of Law-Kinds of Legislations-Legislation and Other Sources of Law · Judicial Precedent: Concept and Nature of Precedent-Position of Judicial Precedent under Different Legal Systems -Authority of Precedent under English Law-Hierarchy of Authority for Operation of Precedent · Stare decisis and its Role in Law Making Process-Ratio Decidendi and Obiter Dicta-Difficulty in Finding Ratio Decidendi-Binding Effects of Judicial Precedent as a Source of Law

Unit II — RIGHTS AND DUTIES

Meaning and Nature of Right: Right-Duty Relationships- Classification of Right and Duty · Theories of Right · Characteristics of Legal Right-Elements of Legal Right · Jural Relationship-Hohfeldian Analysis

Unit III — LEGAL PERONALITY

Concept of a Legal Person · Corporation Sole and Corporation Aggregate · Adaptation to Change · Theories of Legal Person

Unit IV — POSSESSION AND OWNERSHIP

Meaning of Possession and Ownership-Essentials of Possession and Ownership-Theories of Possession and Ownership · Possession in Fact and Possession in Law · Kinds of Possession and Ownership-Relation between Possession and Ownership · Protection of Possession and Possessory Remedies

Unit V — LIABILITY

Meaning, Scope and Classification · Basis of Liability-Philosophic Aspect · Legal Conditions for Imposing Liability · Strict and Vicarious Liability