BA, BBA LLB 5th semester Jurisprudence (ALU)
PAPER 5.3. JURISPRUDENCE
SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36 This paper shall consist of following two parts: (a) Written paper — 70 marks (b) Internal examination — 30 marks (15+10+5) Mid Semester Test: 15 marks Project/Assignment:10 marks Presentation: 05 marks The candidate must pass in part (a) and (b) separately. For passing, he shall be required to obtain 36 percent marks in each part, i.e. 25 marks out of 70 and 11 marks out of 30 marks. (1) The question paper shall be divided into two (02) Parts viz. Part – A and Part – B. (2) Part – A shall consist of five (05) compulsory questions of two (02) marks each whereas Part – B shall consist of seven (07) questions. The Candidate is required to attempt any four (04) questions. All questions carry equal marks. (3) The prescribed syllabus includes latest amendments in the subject wherever applicable.
OBJECTIVES OF THE COURSE: Concept of law is central to the legal enterprise. In the absence of a comprehensive understanding of this concept neither legal education nor legal practice can be set towards attaining justice in the society. Pedagogy is merely teaching of rules without the knowledge of cognitive and teleological foundations of the discipline and it would not be possible to present a synchronization of various statutes, cases, procedures, practices and customs in the form of a ‗systematic body of knowledge‘ nor it would be possible to show the interconnectivity among various branches of law.
UNIT - I Introduction: Meaning of Jurisprudence/Legal Theory, Nature, Need and Scope; Linkages between Jurisprudence and other sciences-Law and Justice; Law and Morality; Nature and definition of Law; Definition of State; Elements of State; Sources of Law; Ancient: Customs etc. Modern: Precedents and Legislation;
UNIT-II Schools of Jurisprudence: Analytical Positivism, Command Theory of Law: Utilitarianism; Hans Kelsen: Normative Theory of Law; H.L.A Hart: The Concept of Law: Law as System of Rules: Combination of Primary and Secondary Rules.
UNIT - III Natural Law: Divine and Prophetic Theories of Law e.g. Hebrew Law, Law of Manu and the Islamic Law; Natural Law Theories: An Overview, Natural Law as Virtue (Dharma)Hindu, Natural Law as Justice by Nature; Aristotle; Natural Law as Right Reason; Cicero, Natural Law as Law of God; St. Thomas Aquinas; Natural Law as Inner Morality of Law; Fuller;
UNIT-IV Historical Jurisprudence: Historical Theories Arose out of Revolt against Rationalism and the Power of Human Will and Tradition: Sociological Jurisprudence: Sociological Theory: Functions of Law: Law as a means of Social Control; Jurisprudence of Interests: Roscoe Pound; Realist Movement.
UNIT-V Concepts of Law: Liability and Negligence; Rights and Duties: Theories and Classification Legal Personality; Possession, Ownership and Property;
LEADING CASES*: 1) Bengal Immunity Co. v. State of Bihar, AIR 1955 SC 561 2) Kesavananda Bharti v. State of Kerala, AIR 1973 SC 1476 3) Maharaja Shree Umaid Mills Ltd. v. Union of India, AIR 1963 SC 953 4) Maneka Gandhi v. Union of India, AIR 1978 SC 597 5) Minerva Mills v. Union of India, AIR 1978 SC 1789 6) Smt. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 7) Navtej Singh Johar & Ors. v. Union of India AIR 2018 SC 1933 8) Naz Foundation v. Government of N.C.T. of Delhi 111 DRJ 1 / 160 Delhi Law Times 277 (2009) Delhi High Court
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