Syllabus

Course Information:

School/ Department: GLOCAL LAW SCHOOL

Programme: BALLB/BBALLB
Course Title: JURISPRUDENCE
Year /Semester 4th Year/VIIIth Semester
Course Code LAW802
Course Level UG
Credits 4 CREDITS
Prerequisite KNOWLEDGE OF CONSTITUTIONAL LAW AND
LEGAL METHODS.

Course Objectives:
1. To to stimulate thought, in the province of Jurisprudence.
2. To create an understanding of basic legal concepts
3. To provide an insight to the student into philosophical, ideological and theoretical foundations
of the discipline of law.
4. To familiarize students with the basic theories of law and its sources so that they understand
their theoretical foundations with more ease.
5. To think and reason about difficult matters.
6. To develop and improve the specific mental disciplines which the study and practice of law
demands and requires.

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Teaching Methodology:
The teaching methodology will be primarily interactive. However, a fair amount of lecturing will go into
the whole process for imparting theoretical knowledge of the subject, which is necessary especially since
the students will be exposed to it for the first time. Readings will be provided periodically to students
for most part of the syllabus and it will be expected that they go through the same before attending
classes.

In addition to Referred Cases and notes in the text, materials from the web shall be employed to provide
source documents and classical commentaries concerning the development and early articulation of the
principles underlying development of criminal law and criminal procedure law. One is expected to become
familiar with these principles, to be able to extract those principles from the judicial decisions, and be able
to apply those principles in a reasoned and disciplined manner to factual situations. Grades will be based
primarily upon performance in the final examination in addition to continuous internal assessment
scheme.

Methodology Appropriate Methods (Yes/No)

Explanations by the Instructor Yes

Group/Pair Work Yes

Class Discussion Yes

Assignment/s Yes
Viva Voice Yes

Audio/video Class Yes

Practical/ Case Study/Diary Yes

Presentations Yes

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Course Outcomes:

• Students will be able to articulate opinions on significant, vital, controversial and various competing
schools of law.
• Students will develop the skill to organize thoughts coherently and present them in a persuasive
manner.
• Students will develop skills to analyse critically the important ideas of selected jurists from various
schools of thoughts.
• Students will understand the theoretical foundations and central focus of the leading theories of law
and evaluate their applicability in India.
• Students will be able to assess the continuing tussle between law and morality.
• Students will understand the correlation between rights and duties.

After successful completion, students will have the knowledge and skills to effectuate the
aforementioned course outcomes.

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LECTURE PLAN

Module Number Module Title No. of Lectures

1 Module 1- Introduction to Elements of 4
Jurisprudence

2 Module-2: Natural Law School 8

3 Module- 3: Legal Positivism 10
4 Module -4 Historical School 8
5 Module- 5: Sociological School 10
6 Module 6: Realism 10
7 Module-7 Legal Concepts 5
8 Module 8- Rights and Duties 5

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COURSE CONTENT

No Description Weightage(%)
1 Module 1- Introduction to Elements of Jurisprudence 5
• Meaning and Importance of Jurisprudence
• Normative and Analytical Jurisprudence

2 Module-2: Natural Law School 15

• Defining Natural Law Philosophy
• Importance of Ethics and Morality in Natural Law
• Scholars of Natural Law and their Work
• Why Natural Law Failed?
• Revival of Natural Law

3 Module- -3 Legal Positivism 15

• Reasons for Rise of Positivism

• Definition of Law by Austin
• Kelsons Pure Theory of Law
• Hart- Fuller Debate
• Hart-Devlin Debate
• Why Positivism is not perfect.

4 Module-4 : Historical School 15

• Importance of Customs
• Observations of Montesquieu
• Savigny’s thesis
• Volksgeist
• Henry Maine’s Idea of Law

5 Module 5: Sociological School of Jurisprudence 15

• Role of Sociology and Law

• Spencer’s Organic Theory of Law
• Ihering’s idea of Law
• Ehrlich Theory of Living Law
• Roscue Pound and Social Engineering

6 Module 6: Realism 15

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• Drawbacks of traditional theories relating to Law

• Role of Courts and Judges
• Salmonds View
• Holmes idea of law and ‘Bad Men’
• American and Scandinavian Realism
7 Module-7 Legal Concepts 10
• Possession
• Ownership
• Persons
• Liability
8 Module 8- Rights and Duties 10
• Rights and Duties- Concept, Types
• Theories; Critique of Rights and Duties.
• Hohfeldian Analysis of Rights and Duties; Contemporary issues in Rights.

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Course Assessment/Evaluation Scheme:

• Internal Evaluation* (30 Marks): The tentative plan of the Internal Evaluation will be on the
following basis:

Assessment Mode Marks

Written Submission 10

Presentation/viva voice 5

Class Tests 10

Attendance 5

Total 30 Marks

*The instructor can conduct additional tests/change the assessment mode/marks, etc in
conformity with the Glocal University Examination Rules.
• Mid Semester Examination (20 Marks)
• End Semester Examination (50 Marks)

Group Work: Generally not promoted but if a group of students come up with a good research idea
then the instructor will consider it.
Timelines: As per University Schedule made from time to time
Plagiarism: It is discouraged, and it is a gross unethical conduct. The policy of the Glocal Law School,
Glocal University, Saharanpur will be followed.

References:
Essential Readings

• Bodenheimer, Jurisprudence – The Philosophy and Method of Law (1996), Universal, Delhi.

• Fitzgerald, (ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay

Recommended Readings

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• W. Friedmann, Legal Theory (1999) Universal, Delhi

• V.D. Mahajan, Jurisprudence and Legal theory (1996 re-print), Eastern, Lucknow

• M.D.A. Freeman (ed.) Lloyd’s Introduction to Jurisprudence, (1994), Sweet & Maxwell

• Paton G.W. Jurisprudence (1972) Oxford, ELBS

• H.L.A. Hart, The Concepts of Law (1970) Oxford, ELBS

• Roscoe Pond, Introduction to the Philosophy of Law (1998 Re-print) Universal, Delhi

• Dias, Jurisprudence (1994 First Indian re-print), Adithya Books, New Delhi

• Dhyani S.N., Jurisprudence: Jurisprudence and Indian Legal theory

• Dhyani S. N., Fundamentals of Jurisprudence

• Jayakumar N. K., Lectures in Jurisprudence, Butterworths.

Departmental Quality Assurance Committee Approval

S.No. Name Signature
1.
2.

Wish you all the best!

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