JURISPRUDENCE

BA LLB (Semester V)
Rabindra Pathak, PhD

Objectives of the Course

Study of law is replete with both judicial and juridical explorations that have culminated in the
theorizations about what law is , what its functions are and how it affects the lives of the people; how
the rights and obligations of people at large are affected by law. It is also interesting to realize and
appreciate the fact that law touches almost every aspect of human life. Law is omnipresent and
pervades every walk of our life. A man in street may lack pretension to any particular knowledge of
the law. Nevertheless, his mind is stocked with a considerable supply of legal and juristic notions, and
he makes use of many legal terms in his daily life. In sum, law is embedded in the conscience of
everyone whether he is a layman or a lawman. Jurisprudence helps us to understand and appreciate
legal notions and their nuances.

Therefore, the present syllabus focuses upon developing an innate understanding of jurisprudence,
especially as regard the questions of law and morality and how such questions have practical
implications more than a mere theoretical existence.
Module I Schools of Jurisprudence
1. Natural Law School: John Finnis
2. Legal Positivism: Austin, Kelsen, Hart
3. Historical School
4. Sociological school
5. Legal Realism

Suggested Readings:
o Raymond Wacks, Understanding Jurisprudence (2016)
o Brian Bix, Jurisprudence: Theory and Context (2006)
o MDA Freeman, Lloyd’s Introduction to Jurisprudence (2008)
o Wayne Morrison, Jurisprudence: From The Greeks to Post-Modernity (1995)
o Scott Veitch, Emilios Christodoulidis & Marco Goldoni, Jurisprudence : Themes and Concepts (2018)
o Roger Cotterrell, The Politics of Jurisprudence (2003)
o Suri Ratnapala, Jurisprudence (2008)

Module II Law and Morality

1. Hart-Fuller Debate
2. Hart-Devlin Debate
Suggested Readings:
o David Dyzenhaus, “The Grudge Informer Case Revisited”, 83 New York University Law Review 4
(2008), pp. 1000-1034.
o Peter Cane, “Taking Law Seriously: Starting Points of the Hart/Devlin Debate”, 10 The Journal of
Ethics (2006), pp.21-51.
o Suri Ratnapala, Jurisprudence (2008)
o Bernard W. Bell, ““No Motor Vehicles in the Park”: Reviving the Hart-Fuller Debate to Introduce
Statutory Construction”, 48 Journal of Legal Education 1 (1998), pp.88-110.
o Frederick Schauer, “Fuller’s Internal Point of View”, 13 Law and Philosophy 3 (1994)
o Nicola Lacey, “Philosophy, Political Morality, and History: Explaining the Enduring Resonance of the
Hart-Fuller Debate”, 83 N.Y.U. Law Review 1059 (2008).
o H. L. A. Hart, “Social Solidarity and the Enforcement of Morality”, The University of Chicago Law
Review, Vol. 35, No. 1 (Autumn, 1967), pp. 1-13.
o Lon Fuller, The Morality of Law (Indian Reprint, 2004)
o Ronald Dworkin, “Lord Devlin and the Enforcement of Morals”, 75 Yale Law Journal 986 (1965-
1966).

Module III Legal Conceptions

1. Hohfeld: Conception of Rights
2. Person, Ownership , Possession , Liability
Suggested Readings:
o Dias: Jurisprudence (2013)
o Patton: Textbook of Jurisprudence (2006)

Module IV Feminist Legal Theory

1. Liberal Feminism
2. Radical Feminism
3. Postmodern Feminism
4. Difference Feminism
Suggested Readings:
 o Raymond Wacks, Understanding Jurisprudence (2016)
o Margaret Davies, Asking the Law Question (2002)

Lecture Plan

o Lecture 1: The introductory lecture of the course will be about questions such as what is
jurisprudence, why should we read jurisprudence and relevance of the subject. The discussion will
veer around the benefits of reading jurisprudence. What are the topics covered under the course
shall also be discussed. But most importantly, the present lecture will be about understanding
the practical relevance of jurisprudence. It will also introduce terms/ expressions like “legal
theory”, “legal science”, “philosophy of law” vis-à-vis jurisprudence.
o Lecture 2: The second lecture will be about the various “schools” of jurisprudence. It will give an
overview of what we generally study under a course on jurisprudence: schools and certain legal
concepts. But the lecture will also try to debunk the “myth” that there are ‘schools’ of
jurisprudence.
o Lecture 3: This lecture will primarily aim at drawing a definitional contour of “what is natural
law?”
o Lecture 4: The fourth lecture of the course is about a historical background of “natural law”. It
traces the evolution of natural law, and shows how it has developed during different periods of
history.
o Lecture 5
The growth and evolution of natural law will be dealt with in some detail.
o Lecture 6
The focus will be upon some of major natural law thinkers who have contributed to the growth
and development of what is known as natural law today.
o Lecture 7
John Finnis and his contribution towards the understanding of natural law and natural rights will
be discussed in detail.
o Lecture 8
The discussion on John Finnis will be further discussed with a spotlight on the relevance of his
ideas and what critics have said about his conception of natural law and natural rights. Basically
these two lectures will be a critical evaluation of what is known as ‘revival of natural law’.