Jurisprudence
University of Kerala · LL.B. Semester 1 · Paper I
Unit I
Nature and value of jurisprudence, various Schools of jurisprudence and their methodology · Positivistic schools · Austin, Salmond, Kelsen, Hart · Hart–Fuller Conflict · Comparative Jurisprudence · Marxist theory · Historical Schools · Savigny and Henry Maine · Modern status of Natural Law · Sociological Jurisprudence · Legal realism · Feminist Jurisprudence · Critical Legal Studies
- 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
- 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
International Law, Constitutional Law, Authority and Territorial Nature of Law, Law and Fact, Functions and purpose of Law
Unit III
Law and Justice · Different Theories of Law and Justice · Rawls Theory · Distributive Justice · Corrective Justice · Natural Justice · Civil and Criminal Justice · Merits and defects of Administration of justice · Essentials of Criminal and Civil Justice · Theories of Punishment and their comparative evaluation
Unit IV
Sources of Law · Meaning of the term sources · Legislation · Codification of statutes · Interpretation of enacted law · Custom · Reasons for the reception of custom and prescription · Legal custom and conventional custom · General custom and local custom · Precedent · authority of precedent · over-ruling · prospective and retrospective · Ratio decidendi and obiter dicta and stare decisis
Unit V
Elements of law · The juristic concepts of Rights and Duties · possession and ownership · Titles · Liability and Obligations · persons, property and procedure
- Rights and Duties Meaning of Rights Characteristics of legal Rights Rights and Duties correlations
- Persons Nature of Personality
- 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