PAPER 5.3. JURISPRUDENCE- TEXT BOOK

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