Jurisprudence and Legal Theory

Unit I — Introduction

Definition, Nature and Significance of Legal Theory, Functions and Purpose of Legal Theory, Legal Value and Ideals - Quest for the Framework of Reference

• Introduction, Meaning, nature, scope and importance of jurisprudence

Unit II — Schools of Jurisprudence

Natural Law Theory, Positivism, Historical School of Thought, Sociological School of Thought, Realism, Critical Legal Theory.

• 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

Unit III — Dharmoprudence - Indian Experience

The concept of Dharma and Dharmoprudence - Global Indian Thought, Hindu Juristic Thought & Concept of Dharma, Interface of various schools of thoughts and Indian legal system, Jurisprudence in 21st Century- Contemporary issues & challenges Gandhian ideals - Truth & Ahinhsa (Non-Violence)

• Law and Morality, Ancient Indian concept of Dharma

Unit IV — Justice & the Legal Order

Justice as the end of the law - approaches of different schools and theories, Raul’s and Sen’s theory of justice, Administration of justice, Legal Aid, Public Interest Litigation, Compensatory jurisprudence and Pro Bono Legal Services (Nyaybandhu)

• Legal Services Authorities Act, 1987
• Article 32- Right to Constitutional Remedies and Public Interest Litigation

Unit V — Jurisprudence and the New World Order

International Jurisprudence - Human Rights and Global Regime, Law and Justice in a Globalised World, Comparative Public Law, Trade, Investment and Commerce - the New World Order

• The UN Human Rights System and UDHR

Unit VI — Legal Conepts

Right, Duty & related concepts - Hohfeldian Analysis, Mens rea, intention, malice, Liability and Negligence, Property and related concepts, Person and Personality in Law - Company, Hindu Deity, A.I. & Robotic Devices

• 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

Unit VII — Approaches to Law, Contemporary Legal Problems and Legal Reformation

Legal Idealism, Legal Values and the Public Policy, Emerging Technologies, & Pandemics - New Narratives in the Legal Order, Emergence of New Rights and the Legal Development, Legal Reformation, Overhauling of Criminal Jurisprudence in the modern age, Family, Marriage and Privacy, Changing Dimensions of Information and Communication Technology.