KIIT Law School

KIIT University, Bhubaneswar-751024

Course: B.A.LL.B, B.B.A.LL.B & B.Sc. LL.B (SEMESTER IV)

(Subject: Jurisprudence)

Paper: JURISPRUDENCE
Code:LW2016

SUBJECT TEACHERS:

1. Ms. Mitul Dutta

2. Ms. Deblina Majumder
3. Mr. Bineet Kedia
 MECHANICAL DATA

1. Course: B.A.LL.B, B.B.A.LL.B & B.Sc. LL.B (SEMESTER IV)

2. Subject: Jurisprudence
3. Nature of the subject: Compulsory
4. Paper: Jurisprudence
5. Paper Code :LW2016
6. Credit Hours/week: 6 Hours
7. Room No. – 6, 7, 8 & 9
 OBJECTIVE OF THE COURSE

Object:
The object of this course is to acquaint students with the legal theories
and fundamental legal concepts. It also focuses on the changing
conceptions of legal theory in context.

Objectives

In order to achieve the above mentioned object, the course is subject is

divided into two parts, first part concerns the theories and the second part
is about fundamental legal concepts. The course begins begin by
reviewing classic works of distinct jurisprudential traditions--those of
legal positivism and natural law, Historical approach, sociological
approach etc. The course gradually helps the student to conceptualize the
relationship between "law in theory" and "law in practice." The course
for this semester, other than focusing on the descriptive historicism of
ideas, shall endeavour to incorporate elements of problem based teaching,
for purposes of which students will be provided with case laws
corresponding to the concerned school of jurisprudence

Outcomes
• To enable the students to understand the metabolism of law.
• To enable the students to understand the different currents and
strains of socio-economic or political philosophy that has shaped
legal formulations through history up to the present day.
• To enable the students to enquire about the discrete topics like
relationship between law and morality, the nature of rights and
other legal concepts.
• To enable the students learn the basic theories of law as well as
develop their critical thinking and reasoning by making them
think and raise questions.

TEACHING LEARNING METHODOLOGY

The course will be taught by way of lectures, seminars and tutorial

sessions. The course is divided into 8 modules and each module is to be
taught in detail giving all the theoretical and practical knowledge to the
students. Participation in class discussion is the primary mode of
teaching/learning.
 EVALUATION SYSTEM

The performance of the students on this course is assessed on the basis of

100 marks. The overall assessment of 100 marks is divided into
1. Internal Assessment( 20 marks Mid Sem + 30 Marks Viva /Class
Test/Project and Presentation)
2. End semester examination (50 marks).

Annexure I: Detailed Syllabus

Module 1
INTRODUCTION TO JURISPRUDENCE
1.1 Nature and scope of law and Jurisprudence
1.2 Distinction between philosophy, science and theory
1.3 Justice and Importance of justice.
1.4 Origin and growth of justice.
1.5 Theories of Justice.
Module 2
NATURAL LAW SCHOOL

2.1 Natural Law – Conceptualizing Reason and Law of Nature

2.2 The Ancient theories
2.3 The Medieval Ages
2.4 The Social Contract Theory
2.5 Twilight of Natural Law Ideology
2.6 Revival of Natural Law
2.7 Indian Judicial Approach and Natural Law

Module 3
POSITIVISM AND LEGAL THEORY
3.1 Jeremy Bentham
3.2 John Austin – Command Theory
3.3 H.L.A. Hart
3.4 Hans Kelsen

Module 4
HISTORICAL AND SOCIOLOGICAL SCHOOL
4.1 Historical School
4.1.1Savigny
4.1.2Henry Maine
4.1 Sociological School
4.2.1 Max Weber
4.2.2 Euhen Ehrlich
4.2.3Roscoe Pound
2.2.4 Ihering

Module 5
REALIST SCHOOL
5.1American Realism
5.1.1Gray
5.1.2Oliver Wendell Holmes
5.1.3 Karl Llewellyn
5.1.4 Jerome Frank
5.2 Scandinavian Realism

Module 6
CONCEPTS OF LEGAL RIGHTS AND OBLIGATIONS

6.1 Conceptual Understanding of Rights, Characteristics of legal rights.

6.2 Kinds of Legal Rights
6.3 Theories of Rights-
6.3.1 Hohfeld’s Theory
6.3.2 Will or Choice theory
6.3.4 Interest or Benefit Theory
6.3.5 Dworkin’s Theory
6.4 Nature and source of obligations
6.5 Kinds of obligations
6.6 Moral and legal obligations

Module 7
CONCEPTS OF PROPERTY , OWNERSHIP AND POSSESSION

7.1 Conceptualizing Property, Property Rights

7.2 Theories of Property
7.2.1 Natural theory
7.2.2 Labour Theory
7.2.3 Metaphysical Theory
7.2.4 Historical Theory
7.2.5 Functional Theory
7.2.6 State Created Property

7.3 Modes of acquisition of Property

7.4 Kinds of Property
7.5 Conceptualizing Ownership
7.6 Incidents of Ownership
7.7 Kinds of Ownership
7.8 Conceptualizing Possession
7.9 Kinds of Possession
7.10 Possesary Remedies.

Module 8
MODERN TRENDS AND THEORIES

8.1 Critical Legal Studies

8.2 Post –Modern Legal Theory
8.3 Feminist Jurisprudence
8.4 Globalization and Law
S. Module Topic Number of
No Hours
1.Module 1 1.1 Nature and scope of law and Jurisprudence

1.2 Distinction between philosophy, science and

INTRODUCTION theory 6hrs
TO JURISPRUDE
1.3 Justice and Importance of justice.

1.4 Origin and growth of justice.

1.5 Theories of Justice.

2.Module 2 2.1 Natural Law – Conceptualizing Reason and Law 10hrs

of Nature
NATURAL LAW 2.2 The Ancient theories
SCHOOL
2.3 The Medieval Ages

2.4 The Social Contract Theory

2.5 Twilight of Natural Law Ideology

2.6 Revival of Natural Law

2.7 Indian Judicial Approach and Natural Law

3.Module 3 3.1 Jeremy Bentham 8 hrs

3.2 John Austin – Command Theory

POSITIVISM
AND LEGAL 3.3 H.L.A. Hart
THEORY 3.4 Hans Kelsen

4.Module 4 4.1 Historical School 8hrs

4.1.1Savigny
HISTORICAL
AND 4.1.2Henry Maine
SOCIOLOGICAL
SCHOOL 4.2 Sociological School

4.2.1 Max Weber

4.2.2 Euhen Ehrlich

4.2.3Roscoe Pound

4.2.4 Ihering

Module 5 5.1American Realism 6hrs

5.1.1Gray
REALIST
SCHOOL 5.1.2Oliver Wendell Holmes

5.1.3 Karl Llewellyn

5.1.4 Jerome Frank

5.2 Scandinavian Realism

Module 6 6.1 Conceptual Understanding of Rights, 6hrs

Characteristics of legal rights.
CONCEPTS OF
LEGAL RIGHTS 6.2 Kinds of Legal Rights
AND
6.3 Theories of Rights-
OBLIGATIONS
6.3.1 Hohfeld’s Theory

6.3.3 Will or Choice theory

6.6.4 Interest or Benefit Theory

6.6.5 Dworkin’s Theory

6.7 Nature and source of obligations

6.8 Kinds of obligations

Moral and legal obligations
Module 7 7.1 Conceptualizing Property, Property Rights 8hrs

CONCEPTS OF 7.2 Theories of Property

PROPERTY , 7.2.1 Natural theory
OWNERSHIP AND
POSSESSION 7.2.2 Labour Theory

7.2.3 Metaphysical Theory

7.2.4 Historical Theory

7.2.5 Functional Theory

7.2.6 State Created Property

7.3 Modes of acquisition of Property

7.4 Kinds of Property

7.5 Conceptualizing Ownership

7.6 Incidents of Ownership

7.7 Kinds of Ownership

7.8 Conceptualizing Possession

7.9 Kinds of Possession

7.10 Possesary Remedies
Module 8 8.1 Critical Legal Studies 8hrs

MODERN TRENDS 8.2 Post –Modern Legal Theory

AND THEORIES
8.3 Feminist Jurisprudence

8.4 Globalization and Law

 Mandatory Readings

1. Dias,R.W.M.,1994.Jurisprudence.5th ed. New Delhi: Butterworths and

Co(Publishers) Ltd.
2. Fitzgerald, P.J., ‘Salmond on Jurisprudence’, Twelfth Edition, Universal Law
Publishing Co, 2012.
3. Freeman, M. and Lloyd of Hampstead, D. (2008). Lloyd's introduction to
jurisprudence. London: Sweet & Maxwell.
4. Jayakumar, N.K.,2006. Lectures in Jurisprudence. 2nd ed. New Delhi. Lexis Nexis
Butterworths
5. Paton, G.W., A textbook on Jurisprudence, Fourth Edition, Oxford University Press,
2004
6. Bodenheimer, Edgar, 2011. Jurisprudence, the Philosophy and Method of the Law.
Cambridge: Harvard University Press.

7. Friedman W.Legal Theory. (Fifth Edition), Universal Law Publishing Co-Pvt. Ltd.

Suggested Readings
Reading material and suggested readings will be provided at appropriate stages during the
course of study.