Jurisprudence

Mahatma Gandhi University · LL.B. Semester 2 · UL-10

Unit I

Meaning of legal theory and jurisprudence – Various schools of Jurisprudence – Classical era of Natural law,Historical school , Analytical School,Sociological School- Recent Trends-contemporary relevance –

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

Unit II

Introduction to Law and Legal method- Law and Dharma compared - nature, function and techniques of law, Question of law and fact – Concept of legal system - Major Legal Systems - Classification of laws -– Codification – Characteristics – Significance of comparative law

Unit III

Sources of law– Custom – Legislation – Precedent – kinds – enforceability - Merits and Demerits – Rules pertaining to Interpretations of statutes

Unit IV

Justice – Concept-meaning- Different theories of Justice – Indian Perspective of Justice- Administration of Justice –- functions of Courts, Tribunals and Dispute settlement mechanisms - Civil Justice – Criminal Justice –– Theories of punishment – Palliatives to victims- Theoretical underpinnings.

Unit V

Legal concepts – Legal rights- Duties–Ownership - Possession – Titles- Property - Personality – Liability and Obligation