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Jurisprudence: Understanding the Philosophy and Nature of Law, Lecture notes of Contract Law

Xavier UniversityContract Law

An introduction to the study of jurisprudence, exploring the meaning of the term, different types of normative systems, the role of law in society, and various schools of jurisprudential thought. Topics include the nature and definition of law, the purpose of law, rights and duties, and personality, status, and capacity.

Typology: Lecture notes

2022/2023

Uploaded on 09/29/2022

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akhilesh-patro 🇮🇳

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Module I: Introduction
ØMeaning of the term 'jurisprudence'
ØNorms and the normative system: (KELSEN)
ØDifferent types of normative systems, such as of games, languages, religious orders, unions, clubs and
customary practice.
ØLegal system as a normative order: similarities and differences of the legal system with other
normative systems.
ØNature and definition of law.
Module II: Schools of Jurisprudence
ØAnalytical positivism
ØNatural law
ØHistorical school
ØSociological school
ØEconomic interpretation of law
ØThe Ancient: the concept of 'Dharma'
ØThe Modern: PIL, social justice, compensatory jurisprudence
MODULE III: Purpose of Law
ØJustice
ØMeaning and kinds
ØJustice and law: approaches of different schools
ØPower of the Supreme Court of India to do complete justice in a case: Article 142
ØCritical studies
ØFeminist jurisprudence
MODULE IV: Rights and Duties:
ØMeaning and definition of right
ØTheories of right
ØElements of legal right
ØClassification of rights
ØMeaning and definition of duty
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Module I: Introduction Ø Meaning of the term 'jurisprudence' Ø Norms and the normative system: (KELSEN) Ø Different types of normative systems, such as of games, languages, religious orders, unions, clubs and customary practice. Ø Legal system as a normative order: similarities and differences of the legal system with other normative systems. Ø Nature and definition of law. Module II: Schools of Jurisprudence Ø Analytical positivism Ø Natural law Ø Historical school Ø Sociological school Ø Economic interpretation of law Ø The Ancient: the concept of 'Dharma' Ø The Modern: PIL, social justice, compensatory jurisprudence MODULE III: Purpose of Law Ø Justice Ø Meaning and kinds Ø Justice and law: approaches of different schools Ø Power of the Supreme Court of India to do complete justice in a case: Article 142 Ø Critical studies Ø Feminist jurisprudence MODULE IV: Rights and Duties: Ø Meaning and definition of right Ø Theories of right Ø Elements of legal right Ø Classification of rights Ø Meaning and definition of duty

Ø Classification of duty Ø Co-relation between rights and duties MODULE V: Personality, Status & Capacity Ø Natural and legal persons Ø Corporations MODULE VI: Possession & Ownership Suggested Readings:

  1. Bodenheimer Jurisprudence—The Philosophy and Method of Law (1996), Universal, Delhi.
  2. Fitzgerald, (ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay
  3. W. Friedmann, Legal Theory (1999) Universal, Delhi.
  4. V.D. Mahajan, Jurisprudence and Legal Theory (1996 re-print) , Eastern, Lucknow
  5. H.L.A. Hart, The Concepts of Law (1970) Oxford, ELBS
  6. Roscoe Pond, Introduction to the Philosophy of Law (1998 Re-print) Universal, Delhi.
  7. Dias, Jurisprudence (1994 First Indian re-print), Adithya Books, New Delhi.
  8. Dhyani S.N., Jurisprudence: A study of Indian Legal Theory (1985), Metropolitan, New Delhi
  9. **Total No of teaching hours :
  10. Suggested evaluation methods:**  Class participation /attendance: 10%  Assignment: 10%  Quiz: 20% [10 x2]  Mid Term: 30% End Term: 30%