JURISPRUDENCE

Unit I — UNIT – I:

Meaning, Nature and Value of Jurisprudence · Sources of Law: Legislation, Precedent and Custom; Comparison between legislation and precedent. · Relationship between Law and Morality; Law and Justice · Administration of Justice: Civil and Criminal · LEGAL THEORY

• Introduction, Meaning, nature, scope and importance of jurisprudence
• Law
• Sources of law
• Legislation — Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation
• Precedent — Meaning and nature of Precedent as a source of law
• Law and Morality, Ancient Indian concept of Dharma

Unit II — UNIT – II:

Natural Law School of Jurisprudence- General Approaches: Ancient, Medieval and Modern · Analytical School of Jurisprudence · John Austin’s theory of Law · Primary and Secondary Rules- Prof.H.L.A.Hart’s Concept of Law · Pure theory of Law- Prof. Hans Kelsen · School of Legal Realism -Justice Oliver Holmes’ Bad Man 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
• Realist school of law — American Realist School The Scandinavian Realist School

Unit III — UNIT – III:

Historical School of Jurisprudence · Savigny and the concept of Volkgeist · Legal Fiction- Sir Henry Maine · Sociological School of Jurisprudence · Roscoe Pound’s theory of Social Engineering · CONCEPTUAL JURISPRUDENCE

• Historical school of law — Savigny's view, Puchta's view, Main's view
• Sociological school of law — Roscoe Pound's Social Engineering Theory

Unit IV — UNIT – IV:

Legal Rights and Duties · Characteristics of Legal rights, · Hohfeld’s Analysis of Rights · Kinds of Legal Rights · Persons · Definition and Kinds · Legal status of : Animals, Unborn persons, Dead persons, Idols

• Rights and Duties Meaning of Rights Characteristics of legal Rights Rights and Duties correlations
• Persons Nature of Personality

Unit V — UNIT- V:

Liability · Meaning, nature and Kinds · Difference between Civil and Criminal liability · Liability for negligent acts · Exemptions from liability

Unit VI — UNIT – VI:

Ownership · Meaning and essentials · Kinds of Ownership · Possession · Meaning and Scope · Essential elements; Possession in fact and possession in law · Possessory remedies · Property · Meaning and kinds · Modes of acquiring property

• Ownership Definition Characteristics of Ownership Possession and Ownership Austin's conception of Ownership Different kinds of Ownership
• Possession Concept of Possession
• Property Philosophical Theories of Property Kinds of Property

Unit VII — UNIT VII:

Gender Jurisprudence · Feminist jurisprudence · Emerging jurisprudence with regard to sexual minorities

• Feminist legal theory