Jurisprudence

Unit 1 — Introduction [8 units]

1. Meaning, nature, scope and need to study jurisprudence. · 2. Norms and the normative system · 3. Legal system as a normative order. · 4. Different types of normative systems such as of games, languages, religious orders, clubs and customary practice. · 5. Nature and definition of law.

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

Unit 2 — Schools of Jurisprudence [20 units]

1. Analytical positivism · 2. Natural law · 3. Historical school · 4. Sociological school · 5. Economic interpretation of law · 6. Realist School · 7. The Bharat jurisprudence: The ancient: the concept of Dharma, The modern: PIL. Social justice, compensatory jurisprudence. · 8. Feminist Jurisprudence

• 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
• Law and Morality, Ancient Indian concept of Dharma
• 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
• Feminist legal theory

Unit 3 — Purpose of Law & administration of justice [8 units]

1. Justice - Meaning and kinds · 2. Justice and law, administration of justice · 3. Power of the Supreme Court of India to do complete justice in all cases: Article 142 Critical Study

Unit 4 — Sources of Law [10 units]

1. Legislation · 2. Precedents · 3. Customs · 4. Juristic writings

• 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
• Convention as a source of law

Unit 5 — Legal rights [10 units]

1. Definition & Meaning · 2. Kinds · 3. Right- duty correlation

• Rights and Duties Meaning of Rights Characteristics of legal Rights Rights and Duties correlations

Unit 6 — Persons [8 units]

1. Nature of personality, · 2. Status of the unborn, minor, lunatic, drunken and dead persons · 3. Corporate personality · 4. Dimensions of the modern legal personality: legal personality of non - human beings

• Persons Nature of Personality

Unit 7 — Property [8 units]

1. The concept and kinds of property · 2. Possession: the concept and kinds of possession, modes of acquisition, possessory remedies · 3. Ownership: the concept, kinds of ownership, modes of acquisition, Difference between possession and Ownership, Title

• 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 8 — Obligation [8 units]

1. Nature and kinds · 2. Source of Obligation, Liability - conditions for imposing liability: 1. Wrongful act. · 2. Damnum sine- injuria · 3. Mens rea · 4. Intention · 5. Malice · 6. Negligence and recklessness · 7. Strict liability · 8. Vicarious liability

• The law of Obligations The Conception of Obligation Imperfect and Perfect Obligations Simple and Solidary Obligations Sources of Obligations

Unit 9 — Procedure [4 units]

1. Substantive and procedural laws: Difference · 2. Evidence: nature and kinds