Jurisprudence
Maharshi Dayanand Saraswati University · LL.B. Semester 2 · LL.B/201
Unit I — Introduction to Jurisprudence
A. Jurisprudence: Meaning, Definition, Nature and Scope, Importance of Jurisprudence · B. Legal Theory, Nature of Law, Law & its Kinds · C. Concept of State & Sovereignty · D. Theories of Punishment, Capital Punishment, Administration of Justice · E. The Indian Jurisprudence: Origin & its nature, The Concept of ‗Dharma‘
Unit II — Schools of Jurisprudence
A. Analytical and Historical School · B. Sociological School including American Realism · C. Natural Law School · D. Kelson's pure theory of Law · E. Nature of Law: Definition - Austin, Salmond, Holland, Gray, Hart, Law & Morality
- 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
- Law
Unit III — Sources of Law: Meaning, Kinds
A. Custom: Definitions, Kinds Essentials of legal custom; Importance of custom · B. Judicial Precedents: Definition, Kinds, Ratio Decidendi, obiter dicta; · Concept of Stare decisis, Declaratory theory of precedent; judge - made law theory · C. Legislation: Definition, Kinds, comparison between legislation and other sources of law
Unit IV — Juridical Concepts & Jural Analysis
A. Person: Nature of personality: kinds, corporate personality and it kinds, theories of corporate personality; legal persons and punishment. · B. Rights and Duties: Nature of Rights and Duties; correlation of Rights and Duties; Kinds of Rights and duties. · C. Ownership and Possession: Meaning of Ownership: Kinds, Definition of Ownership by Austin and Salmond, Relation between Ownership and Possession. Importance of Possession: Elements of corporeal possession and problems: Theories of possession ; Salmond and Savigny. · D. Title, Property, Liability, Obligation
- 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
Unit V — Emerging trends in Indian Jurisprudence
A. Judicial Activism, Public Interest Litigation · B. Legal Aid, Lok Adalat · C. Plea Bargaining · D. ADR, fast Track Courts · E. Human Rights Jurisprudence, Rule of Law and Good Governance · F. The Law of Procedure: difference between substantive and procedural laws · G. Indian Legal Philosophy