Jurisprudence
Kannur University · LL.B. Semester 2 · CP 08
Unit I
Meaning of the term jurisprudence · Norms and the normative system · Different types of normative systems · Legal system as a normative order · similarities and difference of the legal system with other normative systems · Relation of Jurisprudence with other Social Sciences · Schools of jurisprudence · Natural Law School of jurisprudence · Analytical legal Positivism · Historical School · Sociological School · Realist Movement · Economic interpretation of law · Critical Legal Studies (CLS) · Feminist Jurisprudence · The Concept of Dharma
- Introduction, Meaning, nature, scope and importance of jurisprudence
- 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
- Law and Morality, Ancient Indian concept of Dharma
- 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
- Feminist legal theory
Unit II
Austin's Theory of Sovereignty and Law · Salmond's definition of law · Kelsen's Pure Theory of Law · H.L.A. Hart's Theory of Primary and Secondary Rules · Jurisprudence of interests: Rudolf Von Ihering and Roscoe Pound · Purpose of Law · Justice · Theories of Justice · Relation of Justice to Law · Justice and Law: Approaches of different Schools · Administration of Justice according to Law · Law and Morality · interrelation · Enforcement of Morals through law · Hart and Fuller Debate · Hart and Devlin Debate
Unit III
Sources of Law · Formal and Material Sources · Legal and Historical Sources · Legislation · supreme and subordinate · place of legislation among other sources of law · Interpretation of statutes · Precedents · importance of precedents · doctrine of stare decisis · ratio decidendi and obiter dictum · theories about the creative role of judges · comparative merits and demerits of precedents over legislation · custom · reasons for recognition of custom as a source of law · essentials of a valid custom · Juristic writings · Classification of law · International law and Municipal law · Public and Private law · substantive and procedural law
Unit IV
Meaning and Classification of Legal Rights and Duties · Theories of Legal Rights and Duties · Correlation between Rights and Duties · Rights in a Wider Sense: Hohfeld's Analysis · Definition and Nature of Personality · Legal Status of Unborn Children, Minor, Lunatic, Drunk and Dead Person · Legal Status of Animals · Legal Personality of State · Corporate Personality · Dimensions of Modern Legal Personality: Legal Personality of Non-human beings · The Definition and Nature of Liability · Kinds of Liability · Theories of Liability · General Conditions of Liability
Unit V
Definition and Nature of Obligation · Sources of Obligation · Kinds of Obligation · Meaning of Property · Kinds of Property · Intellectual Property · Modes of Acquisition of Property · Concept of Possession and Ownership · Theories of Possession and Ownership · Kinds of Possession and Ownership · Modes of Acquiring Possession and Ownership
- Property Philosophical Theories of Property Kinds of Property
- Possession Concept of Possession
- Ownership Definition Characteristics of Ownership Possession and Ownership Austin's conception of Ownership Different kinds of Ownership
- The law of Obligations The Conception of Obligation Imperfect and Perfect Obligations Simple and Solidary Obligations Sources of Obligations