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.

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