JURISPRUDENCE
Mohanlal Sukhadia University · LL.B. Semester 2 · 7001
Unit 1
Jurisprudence - Definitions of Law and Jurisprudence, Nature and Scope · (i) Importance of Jurisprudence · (ii) Schools of Jurisprudence: Natural School of Law: Theories of Natural Law, Social Contract Theory; Positive School of Law: Analytical, Kelson's pure theory of Law, H.L.A. Hart’s Normative Theory Historical School of Law Sociological School of Law: Social Engineering; and Realist School: American Realism. · (iii) Law & Morality · (iv) 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; declaratory theory of precedent; judge - made law theory, · (C) Legislation: Definition, Kinds, comparison between legislation and other sources of law.
- Introduction, Meaning, nature, scope and importance of jurisprudence
- Law
- Sources of law
- Precedent — Meaning and nature of Precedent as a source of law
- Convention as a source of law
- 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
Unit 2 — Legal Concepts
(1) Person: Nature of personality: kinds, corporate personality and it kinds, theories of corporate personality; legal persons and punishment. (2) Rights and Duties: Nature of Rights and Duties; corelation of Rights and Duties; Kinds of Rights and duties. (3) Property: Definition and Kinds. (4) 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. (5) Theories of Punishment
- 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
- Theories of punishment
- Theories and Kinds of Punishment