JURISPRUDENCE
Karnataka State Law University · LL.B. Semester 3 · Course-IV
Unit 1
Meaning and nature of ‘Jurisprudence’ - Purpose and value of Jurisprudence -Schools of Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical School, Sociological School.
- 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
- Realist school of law — American Realist School The Scandinavian Realist School
- Historical school of law — Savigny's view, Puchta's view, Main's view
- Sociological school of law — Roscoe Pound's Social Engineering Theory
Unit 2
Functions and purpose of law, questions of law, fact and discretion - Justice and its kinds - Civil and Criminal Administration of Justice - Theories of Punishment and Secondary functions of the Court.
Unit 3
Sources of Law: Legislation, Precedent and Custom - A Comparative study
Unit 4
Legal Concepts: Right and Duty, Kinds, Meaning of Right in its wider sense; Possession: Idea of Ownership, kinds of Ownership, Difference between Possession and Ownership; Nature of Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.
Unit 5
Liability: Conditions for imposing liability - Wrongful act: Damnum Sine Injuria, causation, mens rea, intention, malice, negligence and recklessness, strict liability, vicarious liability, obligation.