LM1004

Legal Theory
Programme: 
Master of Laws
Year / Semester: 
1st Year
Objective: 

In this course we focus on the application of various fundamental principle of the jurisprudence in practical development of law. The aim is to provide full knowledge of various schools and legal thought and legal processes and practices under the actually existing socialist societies.

Credits: 
6

Block I : Introduction of Jurisprudence

Unit-1 : Meaning of Jurisprudence and Legal concept, Definitions, Nature, scope, Classification and Branches

1.1 Meaning of Jurisprudence and Legal concept

1.2 Definitions of Jurisprudence given by different experts

1.3 How Jurisprudence is different from other subjects and its nature

1.4 Scope of Jurisprudence and the methods of its study

1.5 Classification of Jurisprudence

1.6 Importance of Jurisprudence in present

Unit-2 : Analytical Positivism School-I: Bentham and Austin

2.1 Reason of origin of analytical positivism school

2.2 Use of legal positivism in different meanings

2.3 Bentham as founder of imperative theory

2.4 Explanation and criticism of Bentham’s law

2.5 Austin’s theory of law

2.6 Contribution and criticism of Austin

2.7 Comparision between Bentham and Austin

Unit-3 : Analytical Positivism School-II: Kelson and Hart

3.1 Kelson’s pure theory of law

3.2 Contribution and criticism of Kelson

3.3 Comparison of Kelson to Bentham and Austin

3.4 Hart’s concept of law

3.5 Concept of integration of primary and secondary rules

3.6 Contribution and criticism of Hart

3.7 Basic trends of positive school

Block-II : Historical and Natural School

Unit-1 : Historical School: Savigny and Sir Henery Main

1.1 Historial School and reasons of its origin

1.2 Savigny’s theory of Volksgeist

1.3 Contribution and criticism of Savigny

1.4 Importance of Puchta

1.5 British historical school- Sir Henery Main

1.6 Theory of Sir Henery Main

1.7 Contribution and criticism of Sir Henery Main

Unit-2 : Natural School: Ancient, Medival and Modern period

2.1 Meaning of Natural law

2.2 Classical and stoic ideology of natural law

2.3 Revival of natural law

2.4 Theories of Grotius, Hobbs, Rousseau, Kant and Locke

2.5 Revival of natural law in twentieth century

2.6 Theories of Stammler, Dabin and Fuller

2.7 Contribution of natural law

Block-III : Sociological and Realist School

Unit-1 : Sociological School: Ihering, Duguit, Ehrlich and Pound

1.1 Nature of Sociological school

1.2 Sociological origin of law and legal institutions

1.3 Social utilitarianism of Ihering

1.4 Principle of Social Solidarity of Duguit

1.5 Living law of Ihrlich

1.6 Theory of Social Engineering of Rosco Pound

1.7 Contribution and criticism of above theories

Unit-2 : Realist School: American and Scandinavian

2.1 American and Scandinavian realist approach and comparison

2.2 Views of American realists: Holms, Frank, Liewellyn and Gray

2.3 Contribution of American Realist approach

2.4 Views of Scandinavian realists: Hangerstrom, Ross, Lundstedt and Olivecrona

2.5 Contribution of Scandinavian realists

Block-IV : Sources of Law, Judicial administration and Theories of Justice

Unit-1 : Sources of Law: Custom, Legislation, Precedent

1.1 Main sources of Law

1.2 Meaning, Types and importance of custom

1.3 When custom become law

1.4 Requisites of valid custom 1.5 Legislation

1.6 Comparison of legislation with other source

1.7 Codification of law

1.8 Meaning, types and theories of Precedents

1.9 Merits, demerits and importance of precedents

Unit-2 : Theories of Justice and Administration of Justice

2.1 Concept of Justice

2.2 Different form of justice – Corrective, Distributive, Legal

2.3 Different theories of justice- Equilitarian, Utilitarian, Contractarian, Entilement etc.

2.4 Meaning of Justice Administration

2.5 Merits and demerits of Justice Administration

2.6 Civil and criminal Justice Administration

Block-V : Legal Rights and Duties, Legal Personalities, Possession and Ownership

Unit – 1 : Legal Concepts - Legal Rights and Duties

1.1 Rights and duties- meaning

1.2 Co-relation between Rights and duties

1.3 Theories of legal rights

1.4 The elements of legal rights

1.5 Legal rights and other co-relative concepts

1.6 Classification of Legal rights

Unit – 2 : Legal Concepts- Legal Personalities

2.1 Concept of Legal Personality

2.2 Legal Personality- definition and meaning

2.3 Kinds of Legal Personality

2.4 Position of corporate personality in India

2.5 Merits of corporation

2.6 Theories of corporate personality

Unit – 3 : Legal Concepts- Possession and Ownership

3.1 Possession and Ownership- Meaning and definition

3.2 Possession and Ownership- elements, characters, nature, subject matter and principles

3.3 Aquisition and kinds of possession and ownership

3.4 Possession under English law

3.5 Possession- remedies

3.6 Justification for the protection of Possession under law

3.7 Correlation between possession and ownership

Suggested Readings: 
  1. Jurisprudence – Dias
  2. Jurisprudence – Samand
  3. Jurisprudence and principle of law- N. B. Paranjpe
  4. Jurisprudence and legal theory – V. N. M. Tripathi
  5. Glimpses of Jurisprudence – R. D. Yadav

NOTE: The minimum number of marks required to pass the examination i.e. previous as well as final, shall be 50% in each written paper/dissertation.