Jurisprudence

Savitribai Phule Pune University · LL.B. Semester 2 · LCC 0604

Unit 1 — Introduction to Jurisprudence:

1. Jurisprudence – Meaning, Nature, and Utility, · 2. Characteristics, Purposes and Classification of Law · 3. Relationship between Law and Morality

Unit 2 — Sources of Law: Sources of Law –

1) Custom - Meaning, nature, essential conditions, kinds, concept of Volkgeist, · 2) Legislation - Meaning, nature, kinds, merits and demerits, relation with other sources, · 3) Precedent - Meaning, nature, theories of Precedent, Doctrine of Stare Decisis, article 141 of the Constitution of India, kinds, ratio decidendi and obiter dicta, doctrine of prospective overruling, significance and circumstances destroying binding force, relation with other sources, Juristic Writings - Meaning, nature and significance.

Unit 3 — Natural Law Theories and Revival of Natural Law:

1. Classical Natural Law theory: Plato to St. Thomas Acquinas · 2. Natural law and Social Contract Theory: Hugo Grotius and International Law, Hobbes, Locke, Rousseau · 3. Revival of Natural Law: Lon Fuller and the Morality of Law, H.L.A. Hart on Natural Law, John Finnis and the Restatement of Natural Law

Unit 4 — Legal Positivism:

1. Bentham and John Austin's theory of positivism · 2. Hart's concept of law · 3. Kelson’s Pure Theory of law

Unit 5 — Sociological, Realist, Historical Schools of Law and Critical Legal Studies:

1. Sociological school of law - Roscoe Pound · 2. Realist school of law – American Realism: W Holmes, Karl Llewellyn, Jerome Frank · 3. Historical school of jurisprudence - Savigny and Maine. - Comparison of Historical and Analytical School of Law · 4. Critical Legal studies – Brief study of - (1) Feminist Legal theory and (2) Critical Race theory

Unit 6 — Concept of Person, Right and Duties:

1. Nature of Personality - Natural and Legal, Legal Status of Lower Animals, Dead persons, Unborn Persons, Kinds of Legal Persons, Uses and Purposes of Incorporation, Theories of Legal Personality · 2. Meaning of Wrong, Duty and Right, Characteristics of Legal Rights, Kinds of Legal Rights, Theories of Legal Rights, Hohfeldian Classification of Legal Right

Unit 7 — Concepts of Ownership, Possession and Title:

1. Meaning of Ownership, Characteristic of Ownership, Subject-matter of Ownership, Kinds of Ownership, Modes of acquiring Ownership · 2. Meaning of Possession, Kinds of Possession, Modes of acquiring Possession, Possessory Remedies, Comparison between Ownership and Possession · 3. Definition and Nature of Title, Classification of Titles, Importance of Agreements, Kinds of Agreements, Validity of Agreement

Unit 9 — Obligations and Liability:

1. Definition of Obligation, Solitary Obligations, Sources of Obligations · 2. Nature of Liability, Kinds of Liability, General Conditions of Liability, Measure of Penal Liability, Measure of Civil Liability, Theory of Strict and Absolute Liability, Vicarious Liability in Civil and Criminal Law, Liability of Corporations