Format No. QSP/7.1/01.

F01 (C)
IssueNo.04 Rev. No 5 Dated: July 27, 2017

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW
Dehradun

COMMON COURSE PLAN

Programme B.B.A., LL.B. (HONS.) BANKING,
FINANCE AND
INSURANCE/INTERNATIONAL TRADE
AND INVESTMENT LAW

Course Jurisprudence

Semester V

Session July-December, 2018

Batch I & II

Subject Code LLBL203

No. of credits 04

Prepared by Devyani Tewari

Email devyani.tewari@ddn.upes.ac.in

Approved By

_______________________ _______________________
HOD Dean

UPES Campus Tel : +91-135-2770137

“Energy Acres” Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
 COURSE PLAN

Subject: Jurisprudence Course: B.B.A., LL.B. (HONS.)

BANKING, FINANCE AND
INSURANCE/INTERNATIONAL
TRADE AND INVESTMENT
LAW 2016

Duration: July 2018– December- Subject code: LLBL203

2018

A. Course Objectives

Jurisprudence or legal theory is the theoretical study of law, principally by philosophers but,
from the twentieth century, also by social scientists. Scholars of jurisprudence, also known as
jurists or legal theorists, hope to obtain a deeper understanding of legal reasoning, legal
systems, legal institutions, and the role of law in society. Modern jurisprudence began in the
18th century and was focused on the first principles of the natural law, civil law, and the law
of nations. General jurisprudence can be divided into categories both by the type of question
scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding
how those questions are best answered. Contemporary philosophy of law, which deals with
general jurisprudence, addresses problems internal to law and legal systems, and problems of
law as a particular social institution as law relates to the larger political and social situation in
which it exists.

The objectives of this course are as under:

1. Understand the historical evolution of legal thought.

2. Understand and analyze the various, often conflicting, schools of legal thought.
3. Understand the theoretical configurations of law.
4. Study the many inter-and cross linkages that law has with its frontier and other
disciplines.
5. Understand the lives and work of influential legal scholars.
6. Appreciate the diverse origins and various conceptualizations of law.
7. Understand the various fundamental legal concepts, such as Rights, Duties, Property,
Liability and several others.
School of Law January.-May. 2018
 B. Course Outcomes

1. The students will be able to conceptually understand, appreciate and develop a

jurisprudential understanding of the legal concepts.
2. The students will be able to critically analyse various legal theory, and to identify how
these relate to each other in the broader history of thought
3. The students will be able to identify, explain, distinguish the diverse origins and
various conceptualizations of law and develop a keen sense of objectivity while
dealing with various laws and will be able to relate it with administration of justice.
4. The students will be able to put in practice the acquired knowledge, procedural and
practical aspects of jurisprudential law and will use logical, analytical and decision-
making ability to deal with challenges of administration of justice.

Modes of Evaluation:

Components Internal Examination Mid-term written End term written

Examination Exam

Weightage (%) 30% 20% 50%

Internal Examination
Components Quiz/Class Assignment/ Project Subject Attendance Total
Test/ Snap Case Work Grand 100
Test Comment Court Viva Marks
Room
Exercise

Weightage 20% 20% 20% 20% 20%

(%) weightage weightage weightage weightage weightage

Test I -10 Report /

Viva /PPT
Test II-10

C. Course Outline
The course has been structured as per following modules:

Module 1: Meaning and importance of Jurisprudence

 Nature, Scope and Definition of Jurisprudence.

School of Law January.-May. 2018

  Importance of Jurisprudence and need for study of Jurisprudence.

 The purpose of legal theory

Module 2: Schools of Jurisprudence and Theories of Law

 Early Greek Legal Theory and Natural Law – Law as dictate of reason

 German Transcendental Idealism

 Historical and Evolutionary Theories

 Analytical positivism - Law as command of a sovereign, Pure Theory of Law and Law
as a System of Rules, Utilitarianism

 Sociological School: Roscoe Pound, Ihering, Duguit

 American Realists – Oliver Holmes, Jerome Frank, Scandinavian Realists – Vilhelm

Lundstedt, Alf Ross. Realism – Law as practice of courts

 Revival of Natural Law

Module 3: Nature and Sources of Law

 Authority of Law

 Function and Purpose of Law

 Law & Fact

 Territorial Nature of law

 International Law

 Custom

 Legislation

 Judicial Precedent, Juristic Writing as sources of Law.

Module 4: Legal Rights

 Wrongs

 Duties
School of Law January.-May. 2018
  Rights

 The characteristic of a legal Right

 Wider sense of legal rights

 Kind of legal rights

Module 5: Persons

 Nature of personality

 Legal status of various categories of beings

 Double personality

 Legal persons

 Corporations

Module 6: Titles, Property, Possession and ownership

 Titles

 Meaning of property

 Movable and immovable property

 Rights in re propria in immaterial things

 Ownership

 Subject matter of ownership

 Possession

 Possession in fact and in law

 Possession and Ownership

Module 7: Liability and Obligations

School of Law January.-May. 2018

  The nature and kinds of liability

 Theory of remedial liability

 Theory of penal liability

 Duty of care

 Nature of obligations

 Sources of obligations

Module 8: Administration of Justice

 Necessity of the Administration of Justice

 Civil and criminal justice

 The purpose of criminal justice

 Civil justice

 Secondary functions of Courts of Law

 Concept of Critical Legal Studies.

 Concept of Feminist Jurisprudence

Program Course The students The students The students The students
Outcomes Outcomes will be able to will be able to will be able to will be able to
(POs) Conceptually critically identify, put in practice
understand, analyze various explain, the acquired
appreciate and Legal Theory, distinguish the knowledge,
develop a and to identify diverse origins
procedural
jurisprudential how these and various
understanding relate to each conceptualizati and practical
of the legal other in the ons of law and aspects of
concepts broader history develop a keen jurisprudential
of thought sense of law and will
objectivity use logical,
while dealing analytical and
with various decision-
laws and will making ability
be able to relate to deal with
it with challenges of
administration
School of Law January.-May. 2018
 of justice administration
of justice

PO1: Students will   

demonstrate
conceptual knowledge
in core areas of law
PO2: Students will  
effectively apply their
learnings to practical
legal issues

PO3: Students will be    

able to exhibit
effective law
professional skills,
employing oral and
written
communication, legal
research, analysis,
rationalisation and
critical-thinking

PO 4: Students will  
demonstrate ability to
evolve alternative
solutions from dynamic
socio-economic and
techno-legal
perspectives

PO 5: Students will    
demonstrate desirable
qualities to be
employable in the
relevant market
PO 6: Students will 
show sensitivity
towards ethical, moral
and social issues
School of Law January.-May. 2018
arising in their
professional career

PO 7: Students will    
exhibit commitment,
teambuilding,
networking, leadership
and lifelong learning
skills to excel in legal
world

School of Law January.-May. 2018

Program Course The students The students The students will
Specific Outcomes will be able to will be able to be able to
Outcomes Conceptually critically identify, explain,
(PSOs) of understand, analyze various distinguish the
B.B.A. L.L.B. appreciate and Legal Theory, diverse origins
Banking, develop a and to identify and various
Finance and jurisprudential how these relate conceptualizations
Insurance Law understanding of to each other in of law and
the legal the broader develop a keen
concepts history of sense of
thought objectivity while
dealing with
various laws and
will be able to
relate it with
administration of
justice
B.B.A. L.L.B.    ✓
Banking,
Finance and
Insurance Law:
Students will be
able to
demonstrate
conceptual
knowledge in
core areas of
business
administration
B.B.A. L.L.B.    ✓
Banking, Finance
and Insurance
Law: Students will
be able to
demonstrate
integrated
knowledge of legal
principles and
business
administration
B.B.A. L.L.B.   ✓ 
Banking, Finance
and Insurance
Law : Students will
be able to exhibit
skills in practices
and procedures of
Banking, Finance &
Insurance.
School of Law January.-May. 2018
School of Law January.-May. 2018
Program Course The students The students The students will
Specific Outcomes will be able to will be able to be able to
Outcomes Conceptually critically identify, explain,
(PSOs) of understand, analyze various distinguish the
B.B.A. L.L.B. appreciate and Legal Theory, diverse origins
International develop a and to identify and various
Trade & jurisprudential how these relate conceptualizations
Investment understanding of to each other in of law and
Law the legal the broader develop a keen
concepts history of sense of
thought objectivity while
dealing with
various laws and
will be able to
relate it with
administration of
justice
International    ✓
Trade &
Investment Law
PSO 1: Students
will be able to
demonstrate
conceptual
knowledge in core
areas of business
administration
International    ✓
Trade &
Investment Law
PSO 2: Students
will be able to
demonstrate
integrated
knowledge of legal
principles and
business
administration
International   ✓ 
Trade &
Investment Law
PSO 3: Students
will be able to
exhibit skills in
practices and
procedures of
International Trade
& Investment Law.

School of Law January.-May. 2018

Course Continuous Continuous Continuous Continuous Continuous Continuous
Outcomes Evaluation Evaluation Evaluation Evaluation Evaluation Evaluation
Tools Tool Tool Tool Tool Tool
1 2 3 4 5
Quiz/Class Assignment/ Project Subject Attendance
Test/ Snap Court Room Work Grand Viva
Test Exercise/ Presentation
Research
Paper/Case
analysis

The students will be able to     

Conceptually understand,
appreciate and develop a
jurisprudential understanding
of the legal concepts.

The students will be able to   

critically analyze various
Legal Theory, and to identify
how these relate to each
other in the broader history
of thought
The students will be able to    
Identify, explain, distinguish
the diverse origins and
various conceptualizations of
law and develop a keen sense
of objectivity while dealing
with various laws and will be
able to relate it with criminal
justice administration.

The students will be able to    

put in practice the acquired
knowledge, procedural and
practical aspects of
Jurisprudential law and will
use logical, analytical and
decision-making ability to
deal with challenges of
administration of justice.
School of Law January.-May. 2018
 D. PEDAGOGY

Interactive approach will be followed. Students are supposed to come prepared for the topics
for discussion in the class.

Work in small groups for Group Projects and personalized teaching (Student counseling,
tutoring, and assignments, exercises)

E. TEACHING-LEARNING METHODOLOGY:
1. Lecture cum discussion
2. Seminars
3. Tutorials

F. COURSE COMPLETION PLAN

Lectures: 48 hours of lectures
Total hours per week: 4 hours per week.

G. EVALUATION & GRADING

1. Continuous Assessment 30% Detailed Below

2. Mid-term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

Internal Assessment: Marks 100 (shall be done based on the following 5 components):

Description Weight age Schedule

1. Continuous Assessment 30% (Detailed Below)

Continuous Assessment: (Marks 100 - converted to 30) shall be done based on the following 5
components:
a. Two class tests/snap-test/quiz 20 Marks [02 X10 Marks]
b. Assignment-1 20 Marks
c. Project work 20 Marks (Abstract, Synopsis, final draft and
presentation)
Or
Case Comment 20 Marks (Case Brief + Presentation)
School of Law January.-May. 2018
d. Subject grand viva 20 Marks
e. Attendance 20 Marks

Four components will be used for internal assessment for this course (Total 100 marks),
the details of each component is as follows:

a) Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand
written, to submit/present on a definite date fixed for the same. It will have 20%
weightage for internals. Individual Viva-voce will be conducted on the assignment.

b) Projects/Presentations /Case Analysis

a. Every student will be given individual topic, Land Mark current and old Cases
covering the syllabus.
b. Students are supposed to go through primary/secondary data to submit Abstract,
Synopsis and Final draft of the project.
c. Final draft of the project should be submitted in minimum 10 pages.
d. Students are also required to give their presentation by the due date unless an
extension has been granted. Extensions must be requested by email prior to the due
date.
e. The duration of a group presentation will be 10 minutes; followed by 5-10 minutes
discussion/query session
d. It will have 20% weightage for internals.

c) Snap tests
a. There will be two snap tests during the course of semester.
b. One snap test will be conducted before mid-sem and second one will be conducted
before end-sem.
c. The components of the snap test would include multiple type questions/short answer
type questions/problem based questions.
d. Prior information will be given regarding the snap test.
e. It will have 20% weightage for internals.

d) Subject Grand Viva –voce

a. Viva-voce would be conducted for each student for 05minutes for evaluating his/her
subject knowledge and practical learning in the class.
b. It will have 20% weightage for internals.

e) Attendance
a. It will have 20% weightage for internals.

School of Law January.-May. 2018

 Formula for attendance marks
67-75 % 0 Marks
76-80% 5 Marks
81-85% 10 Marks
86-90% 15 Marks
91%-100% 20 Marks

2. Mid- Sem. Examination: 20% Weightage

Sem examination shall be of two hours duration and shall be a combination of objective type
questions/short answer questions/ memory based general questions, conceptual questions,
analytical questions and application based/problem based questions.

3. End –Sem. Examination: 50% Weightage

End-Sem examination shall be of three hours duration. End-Term examination shall be of

three hours duration and shall be a combination of objective type questions/short answer type
questions/ memory based general questions, conceptual questions, analytical questions and
application based/problem based questions.

Passing Criterion: minimum 40% of the highest marks in the class

Student has to secure minimum 40% marks of the “highest marks in the class scored by a
student in that subject (in that class/group class)” individually in both the ‘End-Semester
examination’ and ‘Total Marks’ in order to pass in that paper.

Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less
than said percentage shall NOT be allowed to appear in the end semester examination. The
student obtaining 100% attendance would be given 5% bonus marks for internal assessment.

Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries/Laptops) are not permitted in classes during
Tests or the Mid/Final Examination. Such devices MUST be turned off in the class room.

E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access
the LMS system regularly. Regularly, important information – Date of conducting class tests,
guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The
best way to arrange meetings with us or ask specific questions is by email and prior
appointment. All the assignments preferably should be uploaded on LMS. Various research
papers/reference material will be mailed/uploaded on LMS time to time.
School of Law January.-May. 2018
 H. DETAILED SESSION PLAN

SESSIONS TOPIC READINGS PEDAGOGY

1  Introduction “Mahajan, V.D ,  PPT Presentation

“Jurisprudence”, pp.1-25
 Nature, Scope  Chalk & Talk
and Definition of “Salmond on Jurisprudence”, P
Jurisprudence. J Fitzgerald, Universal Law  Examples
Publishing Company, 12th
Edition, pp. 1-8  Discussion

 Random questions

 Reflections

2-3  Importance of Mahajan, V.D ,  PPT Presentation

Jurisprudence “Jurisprudence”, pp. 1-25
 Chalk & Talk
 Need for study “Salmond on Jurisprudence”, P
of Jurisprudence. J Fitzgerald, Universal Law  Examples
Publishing Company, 12th
 The purpose of Edition, pp. 9-83  Discussion
legal theory
 Random questions

 Reflections

4–5 Module 2: Schools of Mahajan, V.D ,  PPT Presentation

Jurisprudence and “Jurisprudence”, pp. 688 -696,  Chalk & Talk
Theories of Law pp. 698-707  Examples
 Discussion
 Early Greek “Jurisprudence: Theory and
Legal Theory Context”, Brian Bix, Sweet and
Maxwell, 7th Ed.(2018), pp. 69-  Random questions
and Natural Law
– Social 82  Reflections
Contract and St.
Thomas Aquinas
Mahajan, V.D ,
“Jurisprudence”, pp. 725 – 726,
6 -7  Law as dictate of  PPT Presentation
reason “Jurisprudence: Theory and
Context”, Brian Bix, Sweet and  Chalk & Talk
 Purposive Maxwell, 7th Ed.(2018), 85 - 91
interpretation of  Examples

School of Law January.-May. 2018

 law – Lon Fuller  Discussion

 Random questions

 Reflections

8-9  Theory and  PPT Presentation

Natural Law –  Chalk & Talk
Finnis  Examples
 Discussion

 Random questions
 Reflections

10 -11  German Mahajan, V.D ,  PPT Presentation

Transcendental “Jurisprudence”, pp. 708 – 709,  Chalk & Talk
Idealism pp. 591 -98  Examples
 Discussion
 Kant and Hegel
 Random questions
 Reflections

11- 12  Historical and Mahajan, V.D ,  PPT Presentation

Evolutionary “Jurisprudence”, pp. 557 – 58,  Chalk & Talk
Theories pp. 560 - Jurisprudence: Theory  Examples
and Context”, Brian Bix, Sweet  Discussion
 Savigny and and Maxwell, 7th Ed.(2018),
Maine pp.277-278  Random questions
 Reflections

13 -14  Analytical Mahajan, V.D ,  PPT Presentation

positivism - Law “Jurisprudence”, pp. 503 -542  Chalk & Talk
as command of a  Examples
“Jurisprudence: Theory and
sovereign,  Discussion
Context”, Brian Bix, Sweet and
Maxwell, 7th Ed.(2018), pp. 33-
68  Random questions
 Reflections

15  Pure Theory of  PPT Presentation

Law and Law as  Chalk & Talk
a System of  Examples
Rules,  Discussion

 Random questions

School of Law January.-May. 2018

  Reflections

16  HLA Hart and  PPT Presentation

Neo Positivism
 Chalk & Talk
 Examples
 Discussion

 Random questions
 Reflections

17  PPT Presentation
 Hart Fuller  Chalk & Talk
Debate  Examples
 Discussion

 Random questions
 Reflections

18-19  Sociological Mahajan, V.D ,  PPT Presentation

School: “Jurisprudence”, pp. 632 – 45 ,  Chalk & Talk
pp. 647 - 49  Examples
 Utilitarianism  Discussion
 Roscoe Pound,
 Random questions
 Reflections

20  American Mahajan, V.D ,  PPT Presentation

Realists “Jurisprudence”, pp. 652 – 670,  Chalk & Talk
672 - 686  Examples
 Oliver Holmes,  Discussion
“Jurisprudence: Theory and
 Jerome Frank, Context”, Brian Bix, Sweet and
Maxwell, 7th Ed.(2018), pp. 195  Random questions
 Dworkin - 206  Reflections

21  Scandinavian  PPT Presentation

Realists –  Chalk & Talk
Vilhelm  Examples
Lundstedt, Alf
 Discussion
Ross.
 Random questions
 Reflections

22  PPT Presentation
 Chalk & Talk

School of Law January.-May. 2018

  Examples
 Discussion

 Random questions
 Reflections

23-24  Concept of “Jurisprudence: Theory and  PPT Presentation

Critical Legal Context”, Brian Bix, Sweet and  Chalk & Talk
Studies. Maxwell, 7th Ed.(2018),  Examples
pp.247-243  Discussion

 Random questions
 Reflections

25 Module 3: Nature and Mahajan, V.D ,  PPT Presentation

Sources of Law “Jurisprudence”, pp.26 – 31,  Chalk & Talk
64-96  Examples
 Authority of Law
 Discussion
“Salmond on Jurisprudence”, P
 Function and J Fitzgerald, Universal Law
Purpose of Law Publishing Company, 12th  Random questions
Edition, pp. 109 - 205  Reflections

26  Law & Fact “Jurisprudence: Theory and  PPT Presentation

Context”, Brian Bix, Sweet and  Chalk & Talk
 Territorial Maxwell, 7th Ed.(2018)pp.9-30  Examples
Nature of law  Discussion
 International
Law  Random questions
 Reflections

27 - 28  Custom Mahajan, V.D ,  PPT Presentation

“Jurisprudence”, pp. 169 -254  Chalk & Talk
 Legislation  Examples
“Salmond on Jurisprudence”, P
 Judicial  Discussion
J Fitzgerald, Universal Law
Precedent, Publishing Company, 12th
Juristic Writing Edition, pp. 109 - 205  Random questions
 Reflections

School of Law January.-May. 2018

29 Module 4: Legal Rights Mahajan, V.D ,  PPT Presentation
“Jurisprudence”, pp. 282 - 322  Chalk & Talk
 Wrongs  Examples
“Salmond on Jurisprudence”, P
 Duties  Discussion
J Fitzgerald, Universal Law
Publishing Company, 12th
 Rights Edition, pp. 215 - 233  Random questions
 Reflections
“Jurisprudence: Theory and
30  The Context”, Brian Bix, Sweet and  PPT Presentation
characteristic of Maxwell, 7th Ed.(2018)pp. 133  Chalk & Talk
a legal Right -140  Examples
 Discussion
 Wider sense of
legal rights
 Random questions
 Reflections

31  Kind of legal  PPT Presentation

rights  Chalk & Talk
 Examples
 Discussion

 Random questions
 Reflections

32-34 Module 5: Persons Mahajan, V.D ,  PPT Presentation

“Jurisprudence”, pp. 377 - 405  Chalk & Talk
 Nature of  Examples
personality “Salmond on Jurisprudence”, P
 Discussion
J Fitzgerald, Universal Law
 Legal status of Publishing Company, 12th
various Edition, pp. 298 - 328  Random questions
categories of  Reflections
beings

 Double
personality

 Legal persons

 Corporations

School of Law January.-May. 2018

35-36 Module 6: Titles, Mahajan, V.D ,  PPT Presentation
Property, Possession “Jurisprudence”, pp. 407-415,  Chalk & Talk
And Ownership pp. 458 – 474, pp. 324 - 375  Examples
 Discussion
 Titles “Salmond on Jurisprudence”, P
J Fitzgerald, Universal Law
 Meaning of Publishing Company, 12th  Random questions
property Edition, pp. 411 – 442, pp. 246  Reflections
– 262, pp. 265 - 294
 Movable and
immovable “Jurisprudence: Theory and
property Context”, Brian Bix, Sweet and
Maxwell, 7th Ed.(2018), pp. 267
 Rights in re - 274
propria in
immaterial things

37-38  Ownership  PPT Presentation

 Chalk & Talk
 Subject matter of  Examples
ownership  Discussion
 Possession
 Random questions
 Possession in  Reflections
fact and in law

 Possession and
Ownership

39 -40 Module 7: Liability Mahajan, V.D ,  PPT Presentation

And Obligations “Jurisprudence”, pp.416 -456,  Chalk & Talk
pp. 475 - 484  Examples
 The nature and
 Discussion
kinds of liability “Salmond on Jurisprudence”, P
J Fitzgerald, Universal Law
 Theory of Publishing Company, 12th  Random questions
remedial liability Edition, 349-409  Reflections

41  Theory of penal “Jurisprudence: Theory and  PPT Presentation

liability Context”, Brian Bix, Sweet and  Chalk & Talk
Maxwell, 7th Ed.(2018), pp. 267  Examples
 Duty of care - 274  Discussion

 Random questions
 Reflections

School of Law January.-May. 2018

42  Nature of  PPT Presentation
obligations  Chalk & Talk
 Examples
 Sources of  Discussion
obligations
 Random questions
 Reflections

43 Module 8: Mahajan, V.D ,  PPT Presentation

Administration Of “Jurisprudence”, pp. pp.128 -  Chalk & Talk
Justice 166  Examples
 Discussion
 Necessity of the “Salmond on Jurisprudence”, P
Administration J Fitzgerald, Universal Law
Publishing Company, 12th  Random questions
of Justice
Edition, pp. 88-104  Reflections
 Civil and
criminal justice “Jurisprudence: Theory and
Context”, Brian Bix, Sweet and
44 - 45  The purpose of Maxwell, 7th Ed.(2018), pp. 109  PPT Presentation
criminal justice – 123, pp. 125 – 130  Chalk & Talk
 Examples
 Civil justice  Discussion

 Random questions
 Reflections

46  Secondary  PPT Presentation

functions of  Chalk & Talk
Courts of Law  Examples
 Discussion

 Random questions
 Reflections

47  Concept of Naffine, Ngaire, Assimilating  PPT Presentation

Feminist Feminist Jurisprudence , Law in  Chalk & Talk
Jurisprudence Context: A Socio-Legal  Examples
Journal, Vol. 11, Issue 1  Discussion
(1993), pp. 78-94
Scales, Ann C., The Emergence  Random questions
of Feminist Jurisprudence: An  Reflections
Essay, Yale Law Journal, Vol.
95, Issue 7 (June 1986), pp.
1373-1404

School of Law January.-May. 2018

 MacKinnon, Catherine A. ,
Introduction , Capital
University Law Review, Vol.
10, pp. [ix]-[xvi]
MacKinnon, Catherine A.,
Trafficking, Prostitution, and
Inequality, Harvard Civil
Rights Civil Liberties Law
Review, Vol. 46, Issue 2
(Summer 2011), pp. 271-310

48 Revision

I. READINGS:

a. TEXTBOOKS:

 “Jurisprudence”, Edgar Bodenheimer, Universal Law Publising Company,

Revised Edition
 “Salmond on Jurisprudence”, P J Fitzgerald, Universal Law Publishing
Company, 12th Edition

b. REFERENCE BOOKS:

 “A Textbook of Jurisprudence”, G.W. Paton, Oxford University Press, (1972)

c. SUGGESTED READINGS:

 Benjamin N. Cardozo, (2006), The Nature of the Judicial Process.

 Nathan Isaacs, (1918), The Schools of Jurisprudence: Their Places in History
and their Present Alignment, Harvard Law Review, vol. 31, pp.373-411.
 H.L.A. Hart, (1994), The Concept of Law.
 Hans Kelsen, (2009), General Theory of Law and the State.
 Joseph Raz, (2009), The Authority of Law Essays on Law and Morality.
 Jeremy Bentham, (1876), An Introduction to the Principles of Morals and
Legislation.
 H.L.A. Hart, (1982), Essays on Bentham: Studies in Jurisprudence and
Political Theory.

School of Law January.-May. 2018

 J. INSTRUCTIONS

a) Students are expected to read the concerned session’s contents in advance before
coming to the class.
b) The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, reflections, discussion,
current practices, examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their
views and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she
will loose the marks.
f) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.
g) Plagiarism, in any form, will be least tolerated. Student, if found plagiarized, will be
subject to disciplinary action. To avoid plagiarism, the instructor recommends the
following:
a. Acknowledge by way of a citation whatever is borrowed.
b. Put in quotation any sentence in which there are more than 12 words in a
sequence
c. To the maximum extent possible, paraphrase others’ ideas and then
acknowledge them through citations.
d. Make all borrowings, which are more than 50 words in a sequence, into a block
quote.

However,

a. Copying lines (more than 12 words in a sequence) or passages from other

sources, not citing them, and writing the name of the source as reference in the
end of the paper will be deemed plagiarism
b. After copying lines in which there are more than 12 words in a sequence and
providing a citation at the end of a line or paragraph will also be deemed
plagiarism
c. Copying others assignment, though they are original, will be considered
plagiarism

K. CONSULTATION TIMING

The students may meet the faculty on all working days for consultation and doubt clarification
in the faculty cabin between 3 to 4 p.m. Prior intimation is advised, though not necessary. If
due to other engagements, the faculty is unavailable, the students are requested to email for
scheduling a meeting.

School of Law January.-May. 2018

-----------------------------------------------------------------------------------------------------------------

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.B.A., LLB (HONS.)

SEMESTER V
ACADEMIC YEAR: 2017-18 SESSION:

ASSIGNMENT
FOR
Jurisprudence
LLBL203
Under the Supervision of: Ms Devyani Tewari
(TO BE FILLED BY THE STUDENT)
NAME: _______________________
SAP NO: _______________________
ROLL NO -------------------------------------

Section A (10 Marks)

(Attempt all questions. All questions carry equal marks)
General Question- subject matter

Write short notes on any four of the following:

Q. No.1 Natural Law

School of Law January.-May. 2018

 Q. No.2 Legal Positivism
Q. No.3 Rights
Q. No. 4 Primary and Secondary Rules of H.L.A. Hart
Q.No.5 Pure Theory of Law
Section B (20 marks)- Conceptual Question
(Attempt all questions. Each questions carry equal marks)
Q. N0.6 What do you understand by the theory of Utilitarianism?
Q. N0.7 What are the formal and non- formal sources of law?

Section C (20 marks)- Analytical question

(Attempt all questions. Each questions carryequal marks)
Q. N0.8 Discuss the Hart-Dworkin Debate.
Q. N0.9 Is property a right or a bundle of rights? Discuss.
Section D (50 marks)
(Attempt all questions.)
- Application Based Question

Q. No.10 Explain in detail the case of the Speluncean Explorers. What do you think
should be the verdict of the case? Give reasons in support of your answer. (20 marks)
Q. N0.11 Discuss the following and their relevance in today’s society:
(10X2= 20 marks each)
(a) Hart-Fuller Debate
(b) Hart-Devlin Debate
Q. N0.12 Keeping the socio-economic scenario of India in mind, do you think John
Rawls’s Theory of Justice has anything to offer to us and why? (10 marks)

INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.
2. To answer your assignment questions you need to access multiple information sources
like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
School of Law January.-May. 2018
 c. Reference Books
d. Browsing the internet for latest updates.

3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers
should capture and depict the current contemporary information.

4. As a student of Law, we encourage to have a contrary point of view. But do ensure

that you can provide a logical justification to this view supported by verifiable facts,
figures, statues and decided cases by various higher courts.

5. Caution: Remember to provide original answers only as your Assignment

submissions will be run through an anti-plagiarism software (Turnitin).

Annexure-II
Tentative Project Topics
(The list is not exhaustive)

1. Is there a place for Morality in the Rule of Law?

2. The Common Law Model has been identified as Essential to the Legal Origins Tradition,
which enables harmonisation of laws through cultural development. To what extent is this
model being successfully employed in enhancing the rule of law and liberalisation of
economies in developing countries?

3. Does Rawls provide a model of law that successfully balances individual wants and the
needs of the greater good?

4. To what extent is Dworkin's model of Rights Reflected in the Jurisprudence of the

European Convention of Human Rights?

5. To what extent should judges be able to make decisions on political grounds? A Feminist
Treatise on Political Decisions in the Judiciary:

6. To what extent should (and can) the law be treated as separate from Politics and Economic?
An Examination of the Rule of Law:

7. Critically evaluate Lord Devlin's claim that the central function of the criminal law is to
simply enforce a moral principle and nothing else.

8. Why We Obey Law: Positivism or Naturalism?

School of Law January.-May. 2018

9. Analyse and critically assess the claim that Human Rights require a universal set of moral
foundations.

10. The central tenets of anarchism are so distinct from those of naturalism that the two could
never be reconciled. Discuss.

11. Can the Rule of Law ever be a realistic or successful aspiration for a socialist state? Use a
current socialist system as a point of reference.

12. Critically examine the relevance/influence of Positivism to modern society.

13. Rather than an aberration of civilisation, Bauman argues that modernity provided the
necessary conditions for the Holocaust, including the necessary distancing from preternatural
morality.

14. The merits of liberal feminism and its impact upon the English legal system.

15. Unger identifies the most important principles of the Critical Legal Studies movement.
What are they and how might they help (by a way of comparison to Dworkin's jurisprudence)
to explain how law and a legal system operate?

16. Is it ever justifiable to sacrifice individual rights for collective security?

17. The validity of the Nuremberg trials

18. The Hart-Devlin Debate on Prostitution and Homosexuality

19. The case of the Speluncean Explorers

20. Bentham’s Utilitarianism and its utility in today’s society

21. Rawls’s theory of Justice and its relevance in today’s times

22. The Need for Order in a society

23. Law as a Synthesis of Order and Justice

24. The Quest for Justice and Natural Law-Positive Law Dichotomy

25. The Formal Sources of Law

26. Property as a Bundle of Rights

27. The techniques of Judicial Process and Legal Realism

28. Dworkin’s Hercules and the relevance of the concept in today’s times

School of Law January.-May. 2018

29. Immanuel Kant’s theory of Categorical Imperative

30. Feminist Legal Theory and its impact on the Indian Feminist Movement

31. System of Capital Punishment in India

32. Judicial Reforms in India

33. Judgments of Justice V.R. Krishna Iyer: A Review

34. Influence of Legal Realism in India

35. Custom as a Source of Law

36. Relevance of General Principles of Law as a Source under Art. 38 (1) of the ICJ Statute

37. Reflections of natural law theory in Indian judicial decisions

38. Reflections of imperative theory of law in Indian judicial decisions

39. Influence of sociological jurisprudence in India laws

40. Influence of realism in India judicial decisions

41. Critical analysis of Hohfeld’s analysis of legal rights

42. Law as a fiction

43. HLA Hart and Law as a System of Rules

44. Pure Theory of Law

45. Jerome Frank and Legal Realism

46. Immanuel Kant and Idealism

47. Role of Historical Law School

48. Role of judiciary in women empowerment

49. Role of judiciary in evolving environmental jurisprudence

50. Legal control of sexual harassment act at work place

51. A critical analysis of judicial appointment bill

52. A critical analysis of legal issues involved in joining rivers

School of Law January.-May. 2018
53. Justice to socially and economic backward classes

54. Plea bargaining – critical analysis

55. Misuse of Public Interest Litigation

56. Judicial activism vs judicial restraint

57. Emerging trends in concept of property

58. Bentham’s utility theory

59. A critical analysis of the concept of social solidarity

60. A critical analysis of rights and obligations of state regarding land acquisition

61. Analysis of protection provided to farmers

62. Critical analysis of right to education

63. Resolving the conflicts between the individual justice and social justice

64. Law as social engineering.

65. Justice according to nature

66. Justice according to law

Apart from the topics given above, students are encouraged to opt for topics of their
choice in consultation with the Faculty.

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words

2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
School of Law January.-May. 2018
 c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterization

3. Submission of Final Project report after approval of synopsis.

a. Excluding the Cover page, index page and bibliography the main write up should
be around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both
sides
b. Project must have- Cover page stating Subject name, Title of the Project,
Supervisor name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is
Blue Book 19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.

4. The project work shall

a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment;
and
e. Be satisfactory in presentation so far as language, style and form are concerned

5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and
the portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in
collaboration with others.
6. A certificate to the effect that the project work carried out by the student independently
or in collaboration with other student(s) endorsed by the student shall form the part of
the submission for evaluation.

7. Every student who spends a specified period of time in an

industry/organization/institute for reasons of work related to his/her project work, with
prior permission from the Coordinator concerned will explicitly acknowledge working
in the relevant industry/organization/institute.

8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software. The report produced by the software will
necessarily be as per the standards prescribed by the university. If the report is below
standards the supervisor will reject the project and award zero marks.

School of Law January.-May. 2018

 ANNEXURE 1
COURSE CALENDAR

Sl. Particulars/Events/Projects Date of Submission

No. /Assignments/Exams
BCOMLLB Taxation
(Section A and B)

01 Submission of Abstract and 27th Sep., 2018

Synopsis for Research
Project

02 Class Test- I Third week of August

03 Mid-Semester Examination As per University Calendar,

2017-2018

04 Submission of Research 25th Oct. , 2018

Project

05 Submission of Assignment 15th Nov., 2018

06 Class Test- II Second Week of Nov.2018

07 Research Project 1st of Dec., 2018

Presentation/Viva-Voce &
Subject Viva-Voce (Grand
Viva-Voce)

08 End Semester Examination As per University Calendar,

2018-2019

Important Instruction:
For the purpose of consultation, discussion about subject or any query, students can meet
teacher by prior appointment via email, on all working days.

School of Law January.-May. 2018

 CONTINUOUS ASSESSMENT SHEET
Programme
Name LLBL 203 Semester V

Devyani
Faculty Name Tewari

Subject Jurisprudence

Subject Code

Assignment Subject Grand Viva Attendance Total 100

Marks

Name
Enrl. No. 75% weightage 15% weightage 10% weightage

School of Law January.-May. 2018

10

11

12

13

14

15

16

School of Law January.-May. 2018