Course Outline

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

Course Objectives:

The subject of Jurisprudence is only to be taught in a single Semester of the B.A. LL.B. (Hons.)
course, therefore, much of what is generally taught in Jurisprudence-II (in some other Law
Schools) 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
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. Therefore, attaining a qualitative rather than a quantitative
understanding of the law is central to 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

 Bentham’s Utilitarianism and his theory of Law

 John Austin’s theory of Law
 H. L. A. Hart’s Concept of Law
 Debates - Hart-Fuller, Hart-Dworkin, Hart-Devlin
 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 Ihering’s Social Utilitarianism
o Ehrlich’s theory of Living Law
o Roscoe Pound’s theory of Social Engineering
o Duguit’s theory of Social Solidarity

Unit – IV: Natural Law School & Legal Rights

 Ancient Greek Theories & Reformist Phase – Thomas Acquinas

 Social Contract Theories
 Modern Natural Law – John Finnis & Lon L. Fuller
 Definition, Characteristics and kinds of Legal Rights
 Hohfeld’s Classification of Legal Rights

Unit – IV: American Realism

 American Realism Movement

 Rule Skepticism & Fact Sckepticism
 Realism of Karl Llewellyn
 Distinction between American and Scandenivean Realism
 American Realism and the beginning of the Critical Legal Studies

Readings:

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

Additional References:

1. Jurisprudence by Dias – Recommended

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 ‘interdisciplinarity’ 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 the 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