Teaching Plan

of

Introduction to Law

for
B.A. LL.B. (Hons.)
Semester- I
Session- 2020-2021

Compiled By :

Dr. Manwendra Kumar Tiwari

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 Table of Contents
Sr. No. Contents Page No.

1. Preface 3

2. Objectives of the Course 3

3. Syllabus 3-4

4. Teaching Plan 4-5

5. Reference Material list 5-6

6. List of Assignments/Projects 6-7

7. Important Instructions 7

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1.0 Preface/Outline of the Subject
The idea of introducing ‘Law’ to the students of law is very demanding, especially when the
‘Legal Methods’ is a subject to be taught separately to the first year students of law. The two
subjects regardless of the literal distinctions in the syllabus will invariably involve some
overlap. The students must know that along with ‘Legal Methods’, ‘Introduction to Law’ is a
not a branch of law, rather the idea behind the two subjects is to introduce the fundamentals of
law to the students of law. In ‘Introduction to Law’, Basics of Law Module is to introduce the
relationship of law and morality and various nuances in which this relationship manifests itself
in the form of justice, equity, rights and duties. Law is a functional tool and therefore
knowledge of the various aspects of the functions of law becomes imperative for a law student.
The functions of law part of the syllabus is therefore dedicated to the functions of law. The
plurality of laws and legal systems forms an important part of learning for a law student, the
section of the syllabus on legal systems is meant to address this prerequisite. Dispute settlement
by way of adjudication is a very important function performed by law and therefore
adjudicatory mechanism is an important aspect to be studied by the students of law. Law is
expressed in language and therefore legal language is an important attribute of learning for the
students of law. The last section of the syllabus addressed some of the important aspects of the
discourse around the legal language.

2.0 Objectives of the Course

The course objective is to ensure that apart from the doctrinal craft of law students, law students
are also equipped with reasons behind those doctrines. Another important course objective is
to enable the students to observe law in its functional setting including the language in which
it is expressed.

3.0 Syllabus

Module I: Basics of Law and Justice

1. Law – meaning and definitions

2. Rule of Law and Rule by law
3. Various kinds of Law
4. Relationship between- Law and Morality, Law and Equity, Law and Justice

Module II: Functions of Law

1. Influence Social Change

2. Ensuring Pluralism and Equality
3. Entrenching Social Hierarchies
4. Disputes Settlement

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 Module III: Basics of Adjudication

1. Principles of Natural Justice

2. Cause of Action and Locus Standi
3. Adversarial system and Inquisitorial system
4. Adjudicatory Alternatives to Courts

Module V: Legal Language

1. Problems of legal language

2. Value of Vagueness in Law
3. Normativity and Precision
4. Semiotics and Law

4.0 Tentative Lecture/Teaching Schedule

Tentative Teaching Schedule should be in the following format

Sr. No. Topic Number of Lectures

Module I: Basics of Law
1. Law – meaning and definitions 3
2. Rule of Law and Rule by law 2
3. Various Kinds of Law 3
4. Relationship between- Law and Morality, Law 4
and Equity, Law and Justice
Total Lectures 12
Module II: Functions of Law
6. Influence Social Change 3
7. Ensuring Pluralism and Equality 3
8. Entrenching Social Hierarchies 3
9. Disputes Settlement 2
Total Lectures 11
Module III: Basics of Adjudication
17. Principles of Natural Justice 3
18. Cause of Action and Locus Standi 2
19. Adversarial system and Inquisitorial system 2

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 20. Adjudicatory Alternatives to Courts 4
Total Lectures 11
Module IV: Legal Language
22. Problems of legal language 3
23. Value of Vagueness in Law 3
24. Normativity and Precision 3
25. Semiotics and Law 2
Total Lectures 11
Total Lectures Proposed to be delivered 45

5.0 Reference Material

5.1 Module I

5.1.1 The Case of Speluncean Explorers by Lon L. Fuller, 1949

5.1.2 The Relations between Equity and Law, Michigan Law Review, W N Hohfeld,
Michigan Law Review, 1913

5.1.3 Law and Morality, Arthur Scheller Jr., Marquette Law Review 1952, 53

5.1.4 Transgression of Law and Justice: A Jurisprudential Analysis of Sophocles’ Antigone,

KIIT Student Law Review, 2016

5.1.5 Madhav Menon and Legal Education, EPW, Alok Prasanna Kumar, 2019

5.2 Module II

5.2.1 The Functions of Law And The Role Of Legal Principles. Philosophia
Reformata, Van Eikema Hommes, H. (1974)
5.2.2. Can Rights Undermine Trust: How Institutions Work and How They Fail, Andre
Beteille, NUJS Law Review, 2012
5.2.3. The 10% Quota: Is Caste Still an Indicator of Backwardness, EPW, Ashwini
Deshpande and Rajesh Ramachandran, 2019
5.2.4 Domicile Reservations in National Law Universities, EPW, Alok Prasanna Kumar,
2020
5.2.5 Rape, Retribution, State: On Whose Bodies, EPW, Pratixa Baxi, 2000

5.3 Module III

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 5.3.1 Tribunals and Natural Justice Principles, JILI, Hari Sharan Saxena, 1996
5.3.2. I Object Your Honour: The Moot Court Paradigm is Mootable, NUJS Law Review,
Shreya Atrey, 2013
5.3.3 Social Action Litigation: Activist and Traditionalist Judges, SCC, Rajinder Sachar,
1987
5.3.4 Book Review of Anuj Buvania’s book Courting the People: Public Interest
Litigation in Post-Emergency India, I.CON, 2018, Aparna Chandra

5.4 Module IV

5.4.1 Do Be Do Be Do – Language, Law and the Theory of Deconstruction, Stud Adv,

Tushna Thapliyal, 1998
5.4.2. Interpreting the Scales of Justice: Legal Architecture, Symbolism and Semiotics of
the Supreme Court of India, International Journal for the Semiotics of Law,
Shailesh Kumar, 2017

6.0 List of Assignment/Project Topics

S. No. Project Topics

1 Presumption of innocence
2 Open texture of law
3 Substantive law
4 Opinio Juris
5 Legal semiotics
6 Magna Carta
7 Legal pluralism
8 Legal Reasoning
9 Natural Law
10 Right in rem/ Right in personam
11 Ambiguity, Vagueness and Legal Interpretation
12 Constitutionalism and Living Constitution
13 Arbitration as a mechanism for dispute settlement
14 Judicial Strictures
15 Populism versus Constitutionalism
16 Constitutionalism and Politics
17 Access to Justice
18 Principle of legal certainty
19 Principle of Equity
20 Fair Trial
21 Common law traditions
22 Customs
23 Speluncean Explorers’ Case
24 The Orange Orchard case
25 Rule of Law
26 Burden of Proof

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 27 Heinz Dilemma
28 Judicial dissent
30 Positive Morality
31 Equity as a supplement to law
32 Necessity as a defense in law
33 Adversarial system in criminal trial
34 Rule by Law
35 Juristic Writing as a source of law
36 Mediation
37 Principles of Natural Justice
38 Social Justice
39 Law as an instrument of change
40 Roman law
41 Simplicity, Clarity and Precision in Law
42 Cause of Action
43 Territorial Jurisdiction
44 Locus Standi
45 Inquisitorial system of criminal trial
46 Burden of proof
47 Extra-territorial Jurisdiction
48 Procedural law
49 Art of Judgment writing
50 Importance of ambiguity in law
51 Customary law
52 Courts of Equity
53 Common law versus continental law legal system
54 Difference between Law and Morality
55 Civil law traditions
56 Right to be heard
57 Social Engineering
58 Jurisdiction in arbitration
59 Canon Law
60 Section 89 C.P.C.

7.0 Instruction to Students

 The above teaching schedule is tentative and is subject to change as per the need and
requirements of the session
 There is no substitute to attending classes for learning purposes.
 Introduction to Law is not a subject of law in the technical sense and therefore, there is
hardly any book which covers the prescribed syllabus in its entirety. The classroom
teaching is therefore all the more significant.
 The Study material given is additional readings and not something on which the classes
shall be based.