Jurisprudence

Unit 1 — Introduction

Meaning of the term „Jurisprudence‟ · Norms and the normative system · Different types of normative systems, such as of games, languages, religious orders, unions, clubs and customary practice · Legal system as a normative order: similarities and differences of the legal systems with other normative systems · Nature and definition of law

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

Unit 2 — Schools of Jurisprudence and the basic theories of Law

Analytical Positivism · Natural Law. · Historical School · Sociological School · Economic interpretation of Law · Realism

• 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 3 — Sources of Law and Methods of Law Making

Customs · Precedents: Concepts of Stare Decisis · Ratio Decidendi · Methods of Determining of Stare Decisis · Legislation · Statutes by Legislation and Codes as Statutes · 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 4 — Indian Legal System

Ancient Legal System: Concept of Dharma · The Modern Legal System: The Indian Constitution- a social document, Judiciary, Legal aid for poor, PIL Social Action groups, Compensatory Jurisprudence Social Justice

• Law and Morality, Ancient Indian concept of Dharma

Unit 5 — Purpose of Law

Justice, Meaning and kinds (Civil, Criminal) · Power of Supreme Court of India to do Complete Justice in case of Article 142.

Unit 6 — Legal Rights: the concept

Rights: Kinds · Right and Duty correlation

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

Unit 7 — Persons

Nature of personality · Status of the unborn, minor, lunatic drunken and dead persons · Corporate Personality · Dimensions of the modern legal personality: Legal personality of non- human beings

• Persons Nature of Personality

Unit 8 — Possession : the Concept

Kinds of Possession

• Possession Concept of Possession

Unit 9 — Ownership: the Concept

Kinds of ownership · Difference between Possession and Ownership

• Ownership Definition Characteristics of Ownership Possession and Ownership Austin's conception of Ownership Different kinds of Ownership

Unit 10 — Title

Unit 11 — Liability

Condition for imposing Liability · Wrongful act · Damnum sine injuria · Causation · Mens rea · Intention · Malice · Negligence and recklessness · Strict liability · Vicarious liability

Unit 12 — Obligation: Nature and Kinds

Sources of obligation

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

Unit 13 — Procedure

Substantive and procedural laws: Difference · Evidence: Nature and Kinds