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(Established under the Presidency University Act, 2013 of the Karnataka Act 41 of 2013) ACA-2[2019] COURSE HAND OUT SCHOOL: LAW DEPT: School of Law DATE OF ISSUE: 22.01. NAME OF THE PROGRAM: BBALLB/BALLB/BCOMLLB (Hons. P.R.C. APPROVAL REF.: SEMESTER/YEAR: IV Sem/ 2nd^ Year COURSE TITLE & CODE: JURISPRUDENCE COURSE CREDIT STRUCTURE: 4-0-0- CONTACT HOURS:Mon-01, Tues- 05, Wed- 05, Fri- 06 COURSE INSTRUCTOR: DEVI PRABHA. A
1. PROGRAM OUTCOMES: PO-1 Ability to apply the fundamental concept of Humanities, Commerce and Management to legal problems PO-2 Ability to develop critical thinking skill PO-3 Ability to identify, analyze and solve legal problem PO-4 Ability to conduct dispute resolution with professional ethics and integrity PO-5 Ability to draft professional legal writing along with effective oral communication PO-6 Ability to apply legal theory to factual settings PO- 7 Ability to apply legal theory to engage in legal argumentation PO-8 Ability to conduct independent legal research specific to the case PO- 9 Ability to conduct client services with necessary usage of technological tools PO-10 Recognition of the need for engaging in lifelong learning PO-11 Exhibit social and professional responsibility adhering to ethical and moral values PO -12 Ability to adapt knowledge of contemporary issues PO- 13 Ability to function in multidisciplinary team
2. COURSE PREREQUISITES:
Students are expected to meet the core participation requirements for the course outlines. Should possess knowledge on contemporary issues and be willing to indulge in debates.
3. COURSE DESCRIPTION:
This course examines the diverse ways in which the philosophy of law bears on the practice of
law. Our subject is thus a set of philosophical concepts, particularly legal positivism and natural
law, but the approach is not purely conceptual. Rather, we will examine both the philosophical
concepts in the abstract and how those philosophical concepts are reflected or actualized in the
craft of legal argumentation, in the intellectual history of law, and in contemporary questions of
politics and government. Above all, we will ask which conception of law best contributes to
legal justice. The course consists in 5 units, about theories of the nature of law, focusing on legal
positivism and natural law, about theories of particular departments of law, focusing on authority
of law and also the rights and duty. We will consider the philosophical nature of law, legal
reasoning and argument, legal rights, as well as justice and equality under the law. For theory,
we will be focusing on mix of classic and modern jurisprudential texts. Applying theory to
practice, we will also engage in a series of case studies examining major Supreme Court majority
and dissenting opinions that turn on deeper jurisprudential debates. Ultimately, we will explore
the philosophical implications of understanding law as a rhetorical practice and will be familiar
with concepts used in contemporary jurisprudential debates as well as a nuanced understanding
of the persuasive techniques and rhetorical forms used in legal argumentation.
4. COURSE OUTCOMES:
On successful completion of the course the students shall be able to:
- Outline the linkage between jurisprudence, political science, sociology and legal theory in the context of legal research and logical reasoning.
- Articulate the core elements of nature of law and the concept of justice.
- Determine the ability to understand the notion of Natural and Analytical Law Schools.
- Ascertain the view of various jurist to understand the conception of Historical, Sociological, Realist and Philosophical School of Law.
- Examine the ability to smear legal theory and various sources of law.
5. MAPPING OF C.O. WITH P.O. [H-HIGH, M- MODERATE, L-LOW]
Custom: essentials and kinds, Legislation: concept and classification, Precedent, Ratio
Decidendi, obiter dicta, stare decisis.
6. DELIVERY PROCEDURE (PEDAGOGY):
The teaching method for course will include lecture and discussion methods. Classroom discussion on all the topics will be primarily through academic writing, Class presentations and Class participation will make lectures more interactive. Course objectives and the evaluation process also motivates the methodology adopted. Major issues and essential readings in each module will be circulated to the students prior to the commencement of each module. Students are expected to read the circulated material before the topic is discussed in the classroom. SELF-LEARNING TOPICS: S.No . Self-Study Topic Source 1 Lifting of veil Materials will be Circulated 2 Interest theory of right Materials will be Circulated 3 Possession and kinds of possesion Materials will be Circulated
7. REFERENCE MATERIALS: Textbooks, reference books, any other resources, like webpages. Text Books
- Salmond Fitzgerald, P.J; Salmond on Jurisprudence ; Sweet and Maxwell
- Dias, R.W.M.; Jurisprudence ; Butterworth’s Publication
- Dhyani, S.N.; Jurisprudence: A Study of Indian Legal Theory ; Central Law Agency
- Paranjape, N.V; Studies in Jurisprudence and legal Theory ; Central Law Agency Reference Books
- Bodenheimer; Jurisprudence: The Philosophy and Method of Law ; Harvard University Press
- Tripathi, B.N. Mani; Jurisprudence ; Central Law Agency
- Koul, A. K.; A Textbook of Jurisprudence ; Satyam Law International
- Paton, Georg Whitecross; A Text of Jurisprudence, Oxford University Press 8. GUIDELINES TO STUDENTS:
a. Citations are always something people struggle with. Purchase/download a bluebook. It will help the student beyond the law school career, and it is not something you are going to fully memorize. b. Do all of the reading assigned for your course. c. Pay attention and participate in the class.
9. COURSE SCHEDULE: Sl. No.
ACTIVITY STARTING
DATE
CONCLUDING
DATE
TOTAL NUMBER
OF PERIODS
01 Over View of the course 23.01.2020 27.01. 02 Module : 01 27.01.2020 08.02. 02 Module: 02 10.02.2020 23.02. 03 Module:03 24.02.2020 10.03. 04 Assignment/any other activity/Guest Lecture/ Field Visit To be Notified To be Notified 05 Mid Term To be Notified by CoE To be Notified by CoE 06 Module:04 23.03.2020 8.04. 07 Module:05 09.04.2020 15.04.
10. SCHEDULE OF INSTRUCTION: (This is a micro level planning and this is prepared unit wise. At the end of each Unit, mention unit is concluded.) [Here Mention the Self Learning component and the Innovative Methods if any.] Session No. Learning Outcome Topic CO. No. Delivery Reference
- Introduction Nature and Scope of Jurisprudence 1 Lecture Dias, R.W.M.; Jurisprudence; Butterworth’s Publication
- Introduction Definition – Various Jurist 1 Lecture Dias, R.W.M.; Jurisprudence; Butterworth’s Publication
- Introduction Definition – Various Jurist 1 Lecture Dias, R.W.M.; Jurisprudence; Butterworth’s Publication
- Introduction Jurispudence and Legal Theory 1 Lecture Dias, R.W.M.; Jurisprudence; Butterworth’s Publication
- Introduction Personality, Possession, Ownership, Rights and Duties. 1 Lecture Dias, R.W.M.; Jurisprudence; Butterworth’s Publication
- Introduction Personality, Possession, Ownership, Rights and Duties. 1 Lecture Dias, R.W.M.; Jurisprudence; Butterworth’s Publication
- Introduction Need for study of Jurisprudence. 1 Lecture Dias, R.W.M.; Jurisprudence; Butterworth’s Publication
- Introduction Linkage between jurisprudence and political science, sociology, history. 1 Lecture Dias, R.W.M.; Jurisprudence; Butterworth’s Publication
Analytical Law Schools on Jurisprudence; Sweet and Maxwell
- Natural and Analytical Law Schools Natural Law School- Various Jurist. 3 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Natural and Analytical Law Schools Natural Law School- Various Jurist. 3 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Natural and Analytical Law Schools Analytical Law School- Various Jurist. 3 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Natural and Analytical Law Schools Analytical Law School- Various Jurist. 3 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Natural and Analytical Law Schools Analytical Law School- Various Jurist. 3 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Natural and Analytical Law Schools Analytical Law School- Various Jurist. 3 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Natural and Analytical Law Schools Analytical Law School- Various Jurist. 3 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Revision of Module 3 Lecture
- Schools of Law Introduction to Historical, Sociological, Realist and Philosophical. 4 Lecture Paranjape, N.V; Studies in Jurisprudence and legal Theory; Central Law Agency
- Schools of Law Introduction to Historical, Sociological, Realist and Philosophical. 4 Lecture Paranjape, N.V; Studies in Jurisprudence and legal Theory; Central Law Agency
- Schools of Law Historical Law School- Various Jurist. 4 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Schools of Law Historical Law School- Various Jurist. 4 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Schools of Law Sociological Law School- Various Jurist. 4 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Schools of Law Sociological Law School- Various Jurist. 4 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Schools of Law Realist Law School- Various Jurist. 4 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Schools of Law Realist Law School- Various Jurist 4 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Schools of Law Philosophical Law School- Various 4 Lecture Salmond Fitzgerald, P.J; Salmond
Jurist. on Jurisprudence; Sweet and Maxwell
- Schools of Law Philosophical Law School- Various Jurist. 4 Lecture Salmond Fitzgerald, P.J; Salmond on Jurisprudence; Sweet and Maxwell
- Revision of Module 4 Lecture
- Sources of Law Introduction to Sources of Law 5 Lecture Paranjape, N.V; Studies in Jurisprudence and legal Theory; Central Law Agency
- Sources of Law Custom- Essentials and Kinds 5 Lecture Paranjape, N.V; Studies in Jurisprudence and legal Theory; Central Law Agency
- Sources of Laww Legislation- Concept and Classification. 5 Lecture Paranjape, N.V; Studies in Jurisprudence and legal Theory; Central Law Agency
- Sources of Law Precedent- Ratio Decidendi, Obiter Dicta, Stare Decisis. 5 Lecture Paranjape, N.V; Studies in Jurisprudence and legal Theory; Central Law Agency
- Revision to Module 5 Lecture 11. ASSESSMENT SCHEDULE: Sl.n o Assessment type[Include here assessment method for self-learning component also] contents Course outcome Number Duratio n In Hours mark s weightag e Venue, DATE &TIME 01 Class test Module 1 CO1 To be notified 20 10% February 02 Research paper writing Any Module CO2 To be notified 20 10% March 03 Presentation/ debate Contemporar y issue
CO
&CO
To be notified 20 10% Throughou t Semester 04 Mid Term Module 1 & 2 CO &CO To be notified by CoE 60 30% To be notified by CoE 05 End Term Examination All Modules CO1,2,3, , 5 To be notified by CoE 80 40% To be notified by CoE
12. COURSE CLEARANCE CRITERIA: a. Minimum requirement of attendance: 75% b. Minimum marks in continuous assessment: c. Minimum marks in term end examination:
Signature of the course Instructor This course has been duly verified Approved by the D.A.C. Signature of the Chairperson D.A.C. Course Completion Remarks &Self-Assessment. [This has to be filled after the completion of the course] [Please mention about the course coverage details w.r.t. the schedule prepared and implemented. Any specific suggestions to incorporate in the course content. Any Innovative practices followed and its experience. Any specific suggestions from the students about the content, Delivery, Evaluation etc.] Sl.no . Activity As listed in the course Schedule Scheduled Completion Date Actual Completion Date Remark s
Any specific suggestion/Observations on content/coverage/pedagogical methods used etc.: Course Outcome Attainment: Sl.no C.O. No. Course Outcomes Target set for attainment in percentage Actual C.O. Attainment In Percentage Remarks on attainment &Measures to enhance the attainment 01 Co 02 Co 03 04 05 06 Name and signature of the Faculty member: D.A.C. observation and approval:
