BLS LLB Jurisprudence and Legal Theory Syllabus Sem 8 - Mumbai University | munotes

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Syllabus for Jurisprudence and Legal Theory

Semester 8 · Fourth Year · 4 credits

1 Introduction, Meaning, nature, scope and importance of jurisprudence.
2 Law
Nature and definition of law
Functions and purpose of law
Classification of law
1 State
Introduction, Meaning and Nature of State
Elements of State- Population, Territory, Government and Sovereignty
Theories regarding the origin of State- The Divine Theory, Social Contract Theory, Patriarchal Theory, Matriarchal Theory.

2.1 Sources of law Formal and material sources of law Custom Meaning and Nature of Custom as a source of law Kinds of Customs Trade Usage/ Convention Essential conditions of validity of Custom
1 Precedent- Meaning and nature of Precedent as a source of law
Doctrine of Stare Decisis, Doctrine of Prospective Overruling and Declaratory theory of Precedents
Ratio-Decidendi and Obiter Dicta
Circumstances which destroy the binding force of precedent
Merits and Demerits of Precedent
1 Legislation- Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation Merits and Demerits of Legislation as a source of law Codification of Law Statutory Interpretation
2.4 Convention as a source of law.

Schools of Jurisprudence
3.1Natural Law School Basic Tenets of Natural Law History of Natural Law School- The Greek period, The Roman period, Christian period, Medieval period and Modern period.
1 Legal positivism
Bentham‘s Utilitarian theory, Austin‘s Imperative/ Analytical theory, Prof. HLA Hart‘s Concept of Law, Hans Kelson‘s Pure Theory of Law.
1 Law and Morality, Ancient Indian concept of Dharma
3.4 Historical school of law- Savigny‘s view, Puchta‘s view, Main‘s view
Basic Tenets of Historical School
1 Sociological school of law- Roscoe Pound‘s Social Engineering Theory Basic Tenets of Sociological School
1 Realist school of law- American Realist School
The Scandinavian Realist School
Basic Tenets of Realist School
1 Feminist legal theory

4.1 Rights and Duties
Meaning of Rights
Characteristics of legal Rights
Rights and Duties correlations
Rights in wider sense (Hofeldian table)
Classification of Rights
4.2 Persons
Nature of Personality
Legal Status of Animal, Minor, Person of unsound mind, Drunk, Unborn and Dead person
Corporate Personality- Characteristic and Theories of Corporate Personalities.
4.3 Property
Philosophical Theories of Property
Kinds of Property
Modes of Acquisitions of Property
4.4 Possession
Concept of Possession
Possession in fact and possession in law
Corporeal and Incorporeal Possession
Modes of Acquisition
Why Possession is protected Possessory Remedies
4.5 Ownership Definition
Characteristics of Ownership
Possession and Ownership
Austin‘s conception of Ownership
Different kinds of Ownership
4.6 The law of Obligations
The Conception of Obligation
Imperfect and Perfect Obligations
Simple and Solidary Obligations
Sources of Obligations.

1 Bodenheimer Jurisprudence- ―The Philosophy and Method of Law‖ (1996), Universal Publication, Delhi.
2 W. Friedmann, ―Legal Theory‖ (1999) Universal Publication, Delhi.
3 Roscoe Pond, ―Introduction to the Philosophy of Law (1998-Re-print)
4 Fizerald (ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay.
5 V.D. Mahajan, ―Jurisprudence and Legal Theory‖ 1996 Re-print, Eastern Book, Lucknow
6 H.L.A Hart, ―The Concept of Law‖, Oxford University Press, ELBS, 1970
7 Dr. M. P. Tandon, ―Jurisprudence –Legal Theory‖, 19 Edition- (2016), Allahabad Law th Agency, Faridabad, Haryana.
8 Dr. Nomita Agarwal, ―Jurisprudence‖, 2019, Central Law Agency, Faridabad.
9 Rohinton Mehta, ―50 Lectures on Jurisprudence‖, Edi. 2000, Network Publications, Mumbai
10 Dr. B.N. Mani Tripathi, ―Jurisprudence (Legal Theory), 2012 (Reprint- 16-17) Allahabad Law Agency, (Faridabad)
11 Dr. S.R. Myneni- ―Jurisprudence‖, 2004 (Reprint-2010) Asia Law House, Hyderabad.
12 Dr. Avtar Singh & Dr. Harpeet Kaur, ―Introduction to Jurisprudence‖ 2009, Lexis Nexis (Nagpur).
13 Jurisprudence and Legal Theory by G W Paton
14 Jurisprudence Indian Legal Theory Prof. S.N. Dhyani, Central Law Agency

Reproduced from the University of Mumbai Revised Syllabus for LL.B. (5 years) Five Years Integrated Course (CBCS), in force from the academic year 2022-23 and amended in June 2023. Wording is as printed in that syllabus. Module numbering is as printed there too.

This subject is cut from the revised syllabus. Open a document here if you want the whole thing rather than a single subject.

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