Jurisprudence
University of Jammu · LL.B. Semester 3 · LLB204
Unit I
Definition, Nature and Scope of Jurisprudence · Analytical school of Law and its criticism. Bentham, Austin etc. · Historical school of Law and itscriticism.Savigny, Henry Maine etc. · Sociological school of Law, with special reference to the contribution of Roscoe Pound, Ihering andEhrlich.
- Introduction, Meaning, nature, scope and importance of jurisprudence
- 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
Unit II
Pure Theory of Law, with special reference to the contribution of Kelson andHart. · Natural Law School. · Concept of Justice: Distributive Justice and Rawls Theory of Justice. Administrationof Justice –Civil and Criminal · Theories ofPunishment.
Unit III
Sources of Law: Legal, Historical and MaterialSources. · Custom; Early importance of Customary Law; Requirements of a Valid Custom, kinds ofCustom. · Precedent: Authority of Precedent, ratio decidendi and obiter dicta, circumstances destroying or weakening the binding force ofPrecedent. · Legislation: Supreme and Subordinate legislation, Delegatedlegislation. · Rights and Duties: Theories of Right; Elements of a legal right; Classification of rights.
Unit IV
Person: The nature of personality, Natural Persons; Status of Dead Persons, Unborn Child, and Animals; Corporation as a legal person, Evolution of the concept of corporate personality · Possession: Concept of Possession, Rights of Possessor and kinds of Possession. · Ownership: Definition of Ownership, Rights of ownership, Classification of ownership and Modes of AcquiringOwnership