Course Content

JURISPRUDENCE
B. A. LL. B. (Hons.) IV Semester

Course Objectives:

Since the subject of Jurisprudence is only to be taught in the IV Semester of the B.A. LL.B. (Hons.)
course, therefore, much of what is generally taught in Jurisprudence-II covering Legal Concepts
like Legal Personality, Ownership, Possession, Liability, Sources of Law etc. cannot be included
in the syllabus. This is not to indicate that knowing these concepts is not necessary for a law
student, rather the possibility of these concepts being covered in other subjects is very much there
and therefore in a single Semester course of Jurisprudence, the focus should be on the major
schools of Jurisprudence. Since, the theoretical formulations of the legal rights like Hohfeld’s
analysis of rights may not be covered in other subjects; some discussion about Legal Rights is
included in the course content. The actual pedagogy of teaching for a Jurisprudence course must
be the one which is capable of instilling in students the sense of reflection and critical thinking,
the understanding of nuance instead of the popular binary of right and wrong and the sense of
proportion instead of sweeping generalizations in making an argument. A student of Jurisprudence
must also know that there can be multiple and contradictory variants of truth and therefore attaining
a qualitative as opposed to a quantitative understanding of law are central to the objectives of
teaching Jurisprudence. The course has been designed to cater to these goals.

Unit – I: Jurisprudence: Nature, Scope, Definition and Significance

• Jurisprudence and Legal Theory
• Definition of Jurisprudence
• Jurisprudence: Science or Philosophy?
• ‘Ought’ Law
• ‘Is’ Law

Unit – II: Analytical Positivism

• Central Claims of Analytical Positivism
• John Austin’s theory of Law
• H. L. A. Hart’s Concept of Law
• Critics of H. L. A. Hart’s Concept of Law
• Hans Kelsen’s Pure theory of Law

Unit – III: Historical and Sociological School of Law

• Historical School
o Karl Von Savigny’s theory of Volksgeist
o Henry Maine’s Comparative Historical Jurisprudence
• Sociological School
o Ehrlich’s theory of Living Law
o Roscoe Pound’s theory of Social Engineering
o Duguit’s theory of Social Solidarity
Unit – IV: American Realism

• Oliver Wendell Holmes and Rule Skepticism

• Rule Skepticism
• Jerome Frank and Fact Skepticism
• Realism of Karl Llewellyn
• Realism as a Gloss on Sociological Jurisprudence

Unit – V: Natural Law School & Legal Rights

• Ancient Theories
• Reformist Phase – Thomas Acquinas
• Social Contract and Modern Natural Law
• Definition, Characteristics and kinds of Legal Rights
• Hohfeld’s Classification of Legal Rights

Readings:

1. The Case of Speluncean Explorers, Harvard Law Review by Lon L. Fuller

2. Positivism and the Separation of Law and Morals, Harvard Law Review by H. L. A. Hart
3. Positivism and Fidelity to Law -- A Reply to Professor Hart, Harvard Law Review by Lon
L. Fuller
4. On the Problematic Aspect of Distinction between Legislation and Adjudication: A
Forgotten Aspect of Dominance, Delhi Law Review by Upendra Baxi
5. A Known but an Indifferent Judge: Situating Ronald Dworkin in Contemporary Indian
Jurisprudence, International Journal of Constitutional Law by Upendra Baxi
6. The Core of the Case Against Judicial Review, Yale Law Journal by Jeremy Waldron
7. Unpopular Constitutionalism, Indiana Law Journal by Meela Versteeg
8. Forms and Limits of Adjudication, Harvard Law Review by Lon L. Fuller

Additional References:

1. Jurisprudence by Dias
2. Jurisprudence by Llyod
3. Jurisprudence by Bodenheimer
4. Jurisprudence by Paton
5. Jurisprudence by Salmond
6. Province and Function of Law by Julius Stone
7. Jurisprudence by McCoubrey & White
8. Jurisprudence by Wayne Morrison
9. Jurisprudence by N. E. Simmonds
10. Jurisprudence by S. N. Dhyani (Indian Perspective)
 Learning Outcomes

• To make the students understand that the idea of law itself is contested.
• To understand the meaning of ‘interdisciplinary’ when we say that law is an
interdisciplinary subject.
• To understand that the popular idea of law as argued by the Positivists is not devoid
of societal power relations and therefore, though we accept the definition of
‘authoritative law’ but at the same time we must remain cognizant to the possibility
of content being rendered subservient to form, if law is justified not by its content
but by the backing of the powerful State.
• Law is a means to attain justice but at times law itself may be perpetuating injustice.
Therefore, the idea of justice is independent of law.
• To understand the meaning of nuance and sense of proportion in making arguments.
• To be able to reflect critically as an all encompassing attribute, which a law student
must possess.

Manwendra Kumar Tiwari