Syllabus of Jurisprudence & Legal Theory

COURSE CURRICULUM
Ju r i s p r u d e n c e a n d L e g a l T h e o r y
Ms. Soumya Rajsingh and
Dr. Ashok P. Wadje
(Faculty In-Charge of the Course)
Introduction & Objectives of the Course:

The course aims at to examine various theories relating to the nature of law, the
concept of justice and the interface between the Law and the Society through its
various facets. In particular, the course shall examine, analytical positivism, theories
of justice, sociological theories of law, the realism notion, positivism and the
contemporary developments in legal theories.
Apart from these theories, the course will also examine, certain principles and basic
concepts of law that are essential for a legal fraternity to know and understand,
critically. Legal principles and concepts such as legal right, persons, possession,
ownership, title, concept of property, liability, obligation and the jurisprudence behind
the same. Without a proper understanding of these concepts and theories of law, it
would be difficult for a legal fraternity to understand the law in its true spirit.
“Jurisprudence” is the heart of the learning of law and the legal system. The basis
nature of law and the purpose of law should be clear to e very learner of law and
that it should be the very foundation of teaching of law. This course shall induct the
learners, into a realm of questions concerning law who is then driven to seek out
answers for oneself.
Teaching-Learning Methodology
Initial learning begins with Socratic method to be followed by dialectic process of
learning and critiquing; gradually to develop in case studies, research and finally to
go for art of lecture and convincing the listeners.
Evaluation Process:
Information legal test of short and multiple choice questions-answers as a
continuous process, research to find law and defend, case studies to find ratios and
judging from the litigated issues, and deeper philosophic understanding and value
application in mid and end semester test.
Course Curriculum: Jurisprudence | MNLU, Aurangabad

COURSE OUTLINE
PART-I LEGAL THEORIES
MODULE-I-INTRODUCTION:
• Definition, Nature and Scope of Jurisprudence
• The purpose of Legal Theory
• Nature and definition of Law
MODULE-II-SCHOOLS OF JURISPRUDENCE:
• Natural Law Theory
• Positivism
• Historical School of Thought
• Sociological School of Thought
• Realism
MODULE-III-SCHOOLS OF JURISPRUDENCE AND INDIAN LEGAL SYSTEM
• The concept of Dharma
• The concept of Grundnorm in India
• Interface of various school of thoughts and Indian legal system
• Jurisprudence in contemporary India
MODULE-IV: THE CONCEPT OF JUSTICE
• Justice as the end of law
• Justice and the Law: approaches of different schools
• Administration of justice
• Legal Aid, Public Interest Litigation, Compensatory jurisprudence
• Justice and the Indian Supreme Court
PART-II: CONCEPTS OF LAW:
MODULE-V-RIGHT, PRIVILEGE, IMMUNITY, AND DUTY
• Type of Rights
• Right Duty Correlation- Hohfeldian Analysis
• Privilege, Immunity, Obligation and Duty
MODULE-VI-LIABILITY AND OBLIGATION:
• Strict liability, absolute liability and vicarious liability
• Mens rea, intention, malice
• Causation, wrongful act, crime, offence, accident, negligence and recklessness
• Damnum sine injuria
• Sources of obligation
MODULE-VIII-PROPERTY, POSSESSION, OWNERSHIP AND TITLE
• Concept of property and various types
• Nature and types of possession
• Nature and Kinds of Ownership
• Difference between possession and ownership
• Concept of Title-Lawful mode of acquisition and the jural claim
MODULE-IX-PERSONS & PERSONALITY
• Nature of Personality
• Natural Person and Artificial Person
• Unborn, Dead-person, Animals, Minor, Lunatic, Drunken and Physically
Challenged
• Legal and Corporate Personality
RECOMMENDED READINGS
1. Dias on Jurisprudence (1994), (First Indian Reprint)
2. Fitzgerald (ed.) Salmond on Jurisprudence (1999)
3. HLA Hart, The Concepts of Law (1970) Oxford, ELBS
4. Dhyani S.N., Jurisprudence: A Study of Indian Legal Theory (1985) Metropolitan,
New Delhi
5. V.D. Mahajan, Jurisprudence and Legal Theory, (1996 re-print), Eastern, Lucknow
6. Paton G.W. Jurisprudence (1972) Oxford, ELBS
7. W. Friedman, Legal Theory (1999) Universal, Delhi
8. Nomita Aggarwal, Jurisprudence-Legal Theory (1996 re-print), Eastern Book
Company, Lucknow.

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COURSE CURRICULUM

Introduction & Objectives of the Course:

Course Curriculum: Jurisprudence | MNLU, Aurangabad

Course Curriculum: Jurisprudence | MNLU, Aurangabad

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