Legal Theory

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PAPER 3: LEGAL THEORY

q':
(Compulsory Paper)
Objectives:'
LL. M. to develop a philosophical and analytical mind by mqking a
students are expected
deep study of various theories of law. It is helpful in understanding the law in its socciat
anA
temporal context. It will also help students to appreciate the limitations of law. The urnitised
syllabus for the course is as follows.

Course content:
Unit I
Nafural Law Theories: Jewish, Roman, Greek, Middle Ages, Renaissance and Refor:rnation
Period, Modem period, Indian: ancient and modern.,

Unit II
Positive Law Theories: Bentham, Austin, Kelson, Hart

Unit I[
Historic Theories and Anthropological Theories: Hegel, von Savigny, puchta, H"*y ll\daine,
', Gierke, Hegel. Economic Theories: Marx and Engels, Lenin, Pushukanis, Stalin, Tito.,
Mao,
Gorbachev

Unit IV
Sociological Theories: Bentham, Ihering, Earlich, pound, Duiguit

Unit V
Realism: American and Scandinavian

Select Bibliography:

7. Julius Stone, The Province and Function of Law, Part-II Chs.l,8 -16(2000), Univsl3al,
New Delhi.
8. W. Friedmann, Legal Theory (1960), Stevens, London.
9. Bodenheimer, Jurisprudence - the philosophy and Method of the Law (1997), Universal,
Delhi.
10. R. W. M. Dias, Jurisprudence j
I l. John Salmon, Jurisprudence
12.H. L. A. Hart, The Concept of Law

10

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