Jurisprudence
SNDT Women's University · LL.B. Semester 6 · 6003
Unit I — Module I (2 credits): Jurisprudence and Legal Theory
Introduction, nature, scope and utility of jurisprudence; nature of law · Administration of justice: criminal and civil justice · Sources of law: legislation, precedent (stare decisis, Art. 141, ratio and obiter), custom · Natural law theory; positive theory (analytical school, pure theory, H.L.A. Hart); legal realism (American, Scandinavian); historical school; sociological school
- Introduction, Meaning, nature, scope and importance of jurisprudence
- Law
- Sources of law
- Precedent — Meaning and nature of Precedent as a source of law
- Legislation — Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation
- 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 II — Module II (2 credits): Concepts
Persons and legal personality · Legal rights and duties; Hohfeldian analysis; kinds of rights · Ownership; Possession; Property · Liability: nature and kinds, remedial and penal liability, negligence, strict and vicarious liability
- 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