JURISPRUDENCE & LEGAL THEORY

Date - 15/6 Faculty – Reshma

Qureshi
What is jurisprudence?

 Jurisprudence means Theory or Philosophy of Law

 It means whether the Law is right or wrong
 Whether it follows the nature of natural justice
 It is the study of fundamental principle of law
 The study maybe Philosophical, Scientific, Historical
 It deals with the laws such as Civil, Criminal,
Administrative and Constitutional
 it is based on study of Justice, Fair Hearing, Good Concise
 It is the studies what is true
 It means knowledge of Law, Observation of thing, Human
and Devine
 It is the study of Just and Unjust
 It is the study of positive Law
Branches of Jurisprudence

I. Historical Jurisprudence
Historical Jurisprudence deals with general principle
governing the origin and development of law

II. Analytical Jurisprudence

Analytical jurisprudence deals with the first principle as
they exist in legal system

III. Philosophical Jurisprudence

Philosophical Jurisprudence deal with the first principle of
analytical significance
  Concept of Property

Date – 17/6

Definition – The object which are capable of becoming a

property are those over which a person can exercise his right and
with reference to which another person has a duty

The object maybe

I. Material object (Res Corporeals)

It includes physical object such as car, animal etc.
II. Intellectual object (Res Incorporeals)
Are the artificial objects like patent, trademark, copyright
etc.

Property is of two types

I. Corporeal property-
It is the ownership in material things
II. Incorporeal property-
It is the ownership of proprietor things
  Concept of Ownership

Definition according to

1. Hibbert – ownership includes within it 4 kinds of right

namely, (a) right to use of thing (b) right to exclude other
from using it (c) disposing off of the thing (d) right to
destroy it
2. Austin – ownership is a right which avails against
everyone who is subject to the law. He states that it is a
right, indefinite in the point of user, unrestricted in point of
disposition and unlimited in point of duration
3. Holland – ownership is a pleanary control over an object.
The word ownership can be used to denote three kinds of
power (i) control over material things (ii) control over
aggregates of right (iii) ownership implies of all these
rights vested in a person which he can use against others.
4. Salmon – ownership denotes the relation between the
person and a right vested in him that which a man own is in
all case arrived