Jurisprudence is the study of the theory and philosophy of law. The subject, in its entirety, differs from other social sciences.
This has given rise to several debates with regards to the nature of jurisprudence as a science vis-à-vis its nature as art.
The word jurisprudence originated from the Latin term juris prudentia, which means “the study, knowledge, or science of law.”
In the United States jurisprudence means the philosophy of law.
Objectives:
Any academic discipline, worthy of the name, must develop in the student the capacity for critical thought. Legal education needs to teach both law and its context- social, political and theoretical.
At the heart of legal enterprise is the concept of law. Without deep understanding of this concept neither legal practice nor legal education can be a purposive activity. This course in Jurisprudence is designed, primarily, to induct students into a realm of questions concerning nature of law.
Therefore, the first part of the course is concerned with important questions like, what is law, what are the purposes of law?, the relationship between law and justice and the like. The second part is concerned with the important sources of law.
The emphasis is on important issues concerning law with reference to ancient and modern Indian Legal Thought.
One important branch of Jurisprudence consists in analysis of legal concepts. The law of contract and tort is concerned with different rights which one person may have against another.
Jurisprudence, on the other hand, studies the meaning of the term “rights” in the abstract and seeks to distinguish various kinds of rights which are in theory possible under a legal system. Similarly, it investigates other legal concepts and tries to build up a general and more comprehensive picture of each concept as a whole.
This course is designed primarily on English model but native India Orientation is given wherever possible.
UNIT – I
- Meaning and nature of ‘Jurisprudence’
- Purpose and value of Jurisprudence
- Schools of Jurisprudence: Natural law
- Imperative Theory
- Legal Realism
- Historical School
- Sociological School.
UNIT – II
- Functions and purpose of law
- questions of law
- fact and discretion
- Justice and its kinds
- Civil and Criminal Administration of Justice
- Theories of Punishment and Secondary functions of the Court.
UNIT – III
- Sources of Law: Legislation
- Precedent and Custom
- A Comparative study
UNIT – IV
- Legal Concepts: Right and Duty
- Kinds
- Meaning of Right in its wider sense
- Possession: Idea of
- Ownership
- kinds of Ownership
- Difference between Possession and Ownership
- Nature of Personality
- Status of the Unborn
- Minor
- Lunatic
- Drunken and Dead Persons.
UNIT – V
- Liability: Conditions for imposing liability
- Wrongful act: Damnum Sine Injuria
- causation
- mens rea
- intention
- malice
- negligence and recklessness
- strict liability
- vicarious liability
- obligation
- Substantive Law and Procedural Law.
