COURSE IDENTIFICATION AND GENERAL INFORMATION

Course Title: Philosophy of Law

Course Instructor: Attika Rehman
Credits: 03
Duration: 21 weeks
Method of Lecture and seminar
Instruction:

COURSE OVERVIEW AND REQUISITES

Course Description: This course introduces legal philosophy and explores the nature and purpose of
law as found in theories of law. The course is divided into three parts, the first
part introduces students with the basic concept of law, its historical
development, its role in society as well as critical examination of how, if at all,
the law is connected with morality. The second part of the course provides an
in-depth analysis of main legal theories and schools of law. The third part of
the course explores different legal concepts.
Goals and ● To familiarize the students with the key concepts, themes and thinkers
Objectives: in the field of legal philosophy.
● To become better skilled in understanding high-level theory, and to
relate concepts across sectors, themes, and contexts.
● To engage critically with theories of legal philosophy that challenge
the dominant view of law and society; and to reconcile the differences
between different schools of thought about law; and to displace
binaries of thinking about what the law is and should be.
● To practice and hone skills of articulation and organization in writing
analyses of concepts of law.

Learning Outcomes: At the end of this course students should be able to:
● Recall, articulate, and discuss some basic questions of legal
philosophy;
● Interpret basic legal-philosophical texts and summarize the arguments
presented;
● Compare and contrast legal-philosophical positions;
● Evaluate and criticize arguments;
● Construct simple arguments.
Course ● Assignments (4) = 10%
Requirements and ● Quizzes (4) = 10%
Grading: ● Mid-Term Exam = 20%
● Term Paper/Final Presentation = 10%
● Class Participation and Attendance = 05%
● Test Session = 15%
● Terminal Exam = 30%
Total =100%

Attendance and ● Regular attendance and participation in class discussions is crucial to

Participation: engaging fully with the material.
● It is mandatory to maintain minimum 75% attendance for this course.
In case student fails to maintain such attendance his/her admission
would not be send by the college to University of the Punjab for the
final examinations.
● Class participation will carry 5% of the total marks. Students must earn
points for class participation. Merely attending class doesn’t earn any
points. If a student doesn’t participate consistently, then they will
receive zero participation points at the end of term.

Plagiarism Policy: The Plagiarism in assignments, term papers and projects should be below 19%
similarity index. Failing to do so will result in marks deduction.

RECOMMENDED BOOKS AND MATERIALS

1. Jurisprudence on the Theory of the Law by John W. Salmond Published by Alpha Edition,
United States (2019).
2. Lloyd’s Introduction to Jurisprudence 9th Edition, 2014.
3. Jurisprudence Author Suri Ratnapala Edition 3rd Publisher Cambridge University Press, 2017
4. Jurisprudence: From the Greeks to Post-modernism Author Wayne Morrison published by Cavendish
Pub., 1997, London.
5. Philosophy of Law: A Very Short Introduction, Second Edition Raymond Wacks
6. The Oxford Handbook of Jurisprudence & Philosophy of Law, Jules L.Coleman, Kenneth
Einar Himma and Scott J. Shapiro
7. Jurisprudence by Imran Ahsan Khan Nyazee (Federal Law House)
8. LSL Course Packs
 COURSE OUTLINE: WEEKLY SCHEDULE

Week Course Contents Books and Resources PU-Past Papers Activity/

Assignment/Quiz
Week 1
O-Week’23

Week 2 ▪ What is Law? ▪ Introduction to Law ▪ What do you Activity 1:

▪ Meaning and Fifth Edition understand by (Discussion) The Law
Definitions by Jurists Joanne Banker the term and Everyday Life
Hames (Pg: 2) 'Law'? Explain
▪ Chapter 1: Law and it with the help Activity 2:
Society, Third of the (Comprehension) The
Edition, Matthew definitions by Importance of Law
Lippman – Sage different
Publications (Pg: Activity 3:
jurists. (2017)
3-9)
(2018) (2019) (Discussion) Defining
▪ Course Pack (2020) (2021) Law
(2022)
Week 3 ▪ Law and Society ▪ Chapter 1: Law and ▪ Discuss the Activity 4:
Society, Third interaction of (Discussion)
Edition, Matthew 'Law' with Determining the
Lippman- Sage society. Also connection of law and
Publications (Pg: highlight its society: Twitter and
21-26) role in the Leslie Jones
▪ An Introduction to society with Ghostbusters Saga.
Law, Seventh the help of
Edition, Phil some
Harris. (Pg: 8-15) illustrations. Activity 5:
▪ Introduction to (2019) (2017) (Discussion)
Law by Imran (2018) Visuals and The Law:
Ahsan Khan ▪ ‘Law plays an Identifying the different
Nyazee, Federal important role roles/purposes of Law
Law House. in regard to in society through
(Pg:18-20) social change Pictures/Visuals.
▪ Course Pack by shaping a
 direct impact
on society’.
Explain the Activity 6:
mentioned (Proposition) You
statement with Decide: The Saggy
reference to Pants Law
role of law in
society. (2021)

Week 4 ▪ Historical ▪ Law: A Very Short ▪ Discuss the Activity 7: (Practice

Development of Law Introduction, history and Exercise) What, Where
Raymond Wacks. role of law in and When?
(Pg:3-20) society. (2020,
▪ Introduction to 2018)
Law Fifth Edition Assignment 1
Joanne Banker ▪ Define law in
Hames (Pg: 3) the light of its
historical
▪ Course Pack
background.
Explain its
important role
in the society
with the help
of some
illustrations.
(2019, 2017)

Week 5 ▪ Classification of Laws ▪ Law: A Very Short ▪ Define Activity 8

Civil and Introduction, International (Proposition): Criminal
Criminal law Raymond Wacks. Law as an and Civil Proceedings
International (Pg:55-59) offshoot of
and National ▪ Chapter 3 of Law. Also
Law Jurisprudence on explain how it
Conventional the Theory of the functions
and Customary Law by John W. differently from
law Salmond Published National or
by Alpha Edition, Domestic Law
United States (2021) (2022)
(2019) (Pg: 40-55)
 ▪ Course Pack ▪ Explain civil
and criminal
law in detail
and highlight
the differences.
(2017) (2020)
(2021) (2022)
▪ Write a detail
note on the
following;
a) Conventional
Law.
b) Customary Law.
c) International
Law. (2017) (2019)

▪ Explain the
classification of
civil law.
(2018)

Week 6 ▪ Classification of Laws ▪ Chapter 3 of ▪ Write a detail Activity 9

Natural and Moral Jurisprudence on note on the (Comprehension): The
law the Theory of the following kinds Classification of Law
Imperative and Law by John W. of law:
Positive law Salmond Published b) Physical or Quiz 1
Physical and by Alpha Edition, Scientific Law.
Scientific law United States c) Natural or Moral
(2019) (Pg: 40-55) Law. (2018)
▪ Course Pack
 Define Moral
Law with
reference to it
distingutshing
features. (2022)
Week 7 ▪ Law and its Sources ▪ Chapter 6 and 7 of ▪ Explain various Activity 10 (Practice
Meaning of Jurisprudence on Sources of Law. exercise): Meaning of
“Sources of Law”: the Theory of the (2020) (2022) words
Views of Jurists Law by John W. ▪ Discuss
Sources of Law Salmond Published Legislation as a Activity 11
according to the by Alpha Edition, source of law. (Discussion): Rules of
theories devised by United States (2018,2019). Interpretation Case
Jurists: Studies:
 ▪ Salmond (2019) (Pg: ▪ Fisher v Bell [1960]
▪ Bodenheime 177-137) 3 All ER 731
r ▪ Course Pack ▪ Adler v George
▪ Main Sources: [1964] 1 All ER 628
Legislation ▪ Corkery v Carpenter
[1951] 1 KB 102

Activity 12
(Proposition): The
rules of interpretation.

Week 8 ▪ Law and its Sources ▪ Chapter 9 of ▪ Discuss the Activity 13

▪ Main Sources: Jurisprudence on precedent and (Proposition): Using
Precedent the Theory of the its classification cases from the past.
Law by John W. as a source of
Salmond Published law. (2017,
by Alpha Edition, 2018) Activity 14
United States ▪ Write a (Proposition):
(2019) (Pg: comprehensive Applying Precedents
160-177) note on primary Comparison case:
▪ Course Pack and secondary Fisher v. University of
sources of law. Texas (2016)
Also discuss Precedent case: Brown
status of v. Board of Education of
“precedent” Topeka (1954)
with reference
to sources of
law. (2021)
Week 9 ▪ Law and its Sources ▪ Chapter 8 of ▪ Discuss Assignment 2
▪ Main Sources: Jurisprudence on Custom, its
Customs the Theory of the prerequisites
Law by John W. and kinds as a
Salmond Published source of law.
by Alpha Edition, (2017)
United States
(2019) (Pg:
143-157)
▪ Course Pack
Week 10 ▪ Natural Law Theory ▪ Chapter 2: Law and ▪ Define Natural Activity 15
Introduction and Society, Third Law theory, (Discussion) Ends
General Concept Edition, Matthew discuss its Justify Means?
(Features, Lippman – Sage features, as well Case Studies:
Characteristics and Publications (Pg: as the criticism ▪ The Case of the
Main Exponents) 44-45) advanced Speluncean
Ancient Period ▪ Jurisprudence by against the Explorers
Medieval Period Imran Ahsan Khan theory. (2019) (Dudley Vs.
Period of Nyazee , Federal Stevens)
Renaissance Law House (Pg: ▪ Define Natural ▪ Dudley Vs.
Modern Period 75-101) Law theory, Stephens
▪ Philosophy of law: explain its ▪ Eitchmann case
A very short important
introduction by features and
Raymond Wacks criticism.
(Pg:1-17) (2017)(2021)
▪ Course Pack
Week 11 ▪ Natural Law Theory ▪ Chapter 2: Law and ▪ What do you Activity 16
Decline of Natural Society, Third understand by (Proposition):
Law Theory (19th Edition, Matthew the Natural Law You decide: The Purple
century) Lippman – Sage theory, explain Shirt Regime
Revival of Natural Publications (Pg: its salient (Based on Hart/Fuller
Law Theory 44-45) features also Debate)
Criticism of ▪ Jurisprudence by elaborate its
Natural Law Imran Ahsan Khan distinction with
Theory Nyazee , Federal others laws. Activity 17 (Moot):
Law House (Pg: (2018) (2022) Arguing a Case:
75-101) “Natural Law Theory is
▪ Philosophy of law: unjust”
A very short
introduction by
Raymond Wacks
(Pg:1-17)
▪ Course Pack
Week 12 ▪ Legal Positivism ▪ Chapter 2: Law and ▪ Explain legal Activity 18
Introduction and Society, Third positivism with (Proposition): Grudge
General Concept Edition, Matthew reference to its Informer Case
(Features, Lippman – Sage criticism.
(2017)
 Characteristics and Publications (Pg: Activity 19
Main Exponents) 45-46) ▪ Explain (Proposition): Riggs v.
John Austin ▪ Jurisprudence by Austin’s theory Palmer
Imran Ahsan Khan of imperative Activity 20: Think
Nyazee, Federal law. (2020) Blink (Mcqs)
Law House. (2022)
(Pg:107-113 ) Activity 21 (Practice
▪ Course Pack exercise): Extracting
Austin’s Command

Activity 22: Think

Blink: Austin’s
Sovereign and
Pakistan’s Parliament

Activity 23 (Practice
exercise): Extracting
Austin’s Sanctions

Activity 24
(Proposition): The
Fugitive Slave
Week 13 ▪ Legal Positivism ▪ Chapter 2: Law and Discuss in detail Activity 25 (Think
H.L.A Hart Society, Third legal positivism Blink): Rule of
Criticism of Legal Edition, Matthew theory.(2018) Recognition
Positivism Lippman – Sage (2022)
Publications (Pg: Quiz 2
45-46)
▪ Jurisprudence by
Imran Ahsan Khan
Nyazee, Federal
Law House.
(Pg:114-116)
▪ Course Pack
Week 14 ▪ Pure Theory of Law: ▪ Jurisprudence by ▪ Explain the
Kelsen Imran Ahsan Khan statement 'l,aw Mid-Term Exam
Introduction and Nyazee , Federal as a norm of
concept Law House (Pg: action' in the
117-122) light of
 Law as norm of ▪ Philosophy of law: Kelsen's pure Activity 26 (Practice
action A very short theory of Exercise): Finding
introduction by law.(2017) Kelsen’s Norm
Raymond Wacks (2019) (2018)
(Pg:39-43)
▪ Course Pack
Week 15 ▪ Pure Theory of Law: ▪ Jurisprudence by Explain the Activity 27 (Think
Kelsen Imran Ahsan Khan statement 'l,aw as a Blink): Grundnorm and
Grundnorm Nyazee , Federal norm of action' in Pakistan
Validity of Law House (Pg: the light of Kelsen's
Grundnorm 117-122) pure theory of Activity 28
Criticism of the ▪ Philosophy of law: law.(2017) (2019) (Proposition): Building
theory A very short (2018) Keslen’s Grundnorm
introduction by
Raymond Wacks
(Pg:39-43)
▪ Course Pack
Week 16 ▪ Social Contract Theory ▪ Summary of Social ▪ Explain the
Hobbes Contract Theory by state of nature Assignment 3
Locke Hobbes, Locke and and challenges
Rousseau, to men
Electronic Journal, according to
Manzoor Elahi Thomas
Laskar (2013) Hobbes Social
Contract
▪ Course Pack
Theory. (2021).
▪ What was the
state of nature
and challenges
to the life of
men according
to the John
Locke social
contract theory?
(2017) (2022)
▪ Write a
comprehensive
note on the
Social Contact
 theory with
reference to its
criticism.
(2020) (2018)

Week 17 ▪ Social Contract Theory ▪ Summary of Social ▪ Explain Jean Activity 29

Rousseau Contract Theory by Jacques (Proposition): Think
Criticism of Social Hobbes, Locke and Rousseau's Like a Philosopher
Contract Theory Rousseau, Social Contact
Electronic Journal, Theory along
Manzoor Elahi with its
Laskar (2013) criticism.(2019)
▪ Course Pack
Week 18 ▪ American Legal ▪ Chapter 2: Law and ▪ Critically Activity 30 (Think
Realism Society, Third evaluate the blink): Commissioner
Introduction and Edition, Matthew legal realism and the Law
concept and Lippman – Sage theory with
features Publications (Pg: reference to Quiz 3
Main exponent: 52-53) Salmond and
Salmond ▪ Course Pack Holmes point of
view. (2017)
(2021)

Week 19 ▪ American Legal ▪ Chapter 2: Law and ▪ Critically Acitivity 31 (Think

Realism Society, Third evaluate the Blink): Pakistan’s
Main exponent: Edition, Matthew legal realism Parliament and Supreme
Holmes Lippman – Sage theory with Court
Criticism of Legal Publications (Pg: reference to
Realism Theory 52-53) Salmond and
▪ Course Pack Holmes point of
view. (2017)
(2021)
Week 20 ▪ Critical Legal Theory ▪ Chapter 6, Write a Assignment 4
Introduction and Philosophy of law: comprehensive
General Concept A very short note of critical
(Features, introduction by legal theory.
Raymond Wacks (2021)
 Characteristics and ▪ Course Pack ▪ Explain critical
Main Exponents) theory and
Max Horkheimer highlight its
Sub-theories: salient features.
Feminist Legal (2018)
Theory ▪ What do you
Critical Legal understand by
Theory the critical
Criticism of critical theory, explain
legal theory it with
reference to its
criticism?
(2017) (2022)
Week 21 ▪ Legal Rights & Duties ▪ Chapter 10 and 11 ▪ Define a legal Quiz 4
• Concept of Right of Jurisprudence on right and
• Characteristics of Legal the Theory of the discuss its
Rights Law by John W. various kinds.
• Concept of Duty Salmond Published (2019)
• Whether Rights and by Alpha Edition, ▪ Discuss basic
Duties are Correlative United States idea of legal
• Liberties and No-Right (2019). (Pg: rights and
• Powers and Liberties 180-218) duties in law?
• Immunities and ▪ Course Pack (2020)
Disabilities ▪ Write a short
note on the
following kinds
of rights: .
*Principal and
accessory
rights.
* Primary and
sanctioning
rights.
*Perfect and
Imperfect
Rights (2021)

Test Session and Final Exam

 LIST OF ACTIVITIES

Activity 1: (Discussion) The Law and Everyday Life

Activity 2: (Comprehension) The Importance of Law
Activity 3: (Discussion) Defining Law
Activity 4: (Discussion) Determining the connection of law and society: Twitter and Leslie Jones Ghostbusters Saga.
Activity 5: (Discussion) Visuals and The Law: Identifying the different roles/purposes of Law in society through
Pictures/Visuals.
Activity 6: (Proposition) You Decide: The Saggy Pants Law
Activity 7: (Practice Exercise) What, Where and When?
Activity 8 (Proposition): Criminal and Civil Proceedings
Activity 9 (Comprehension): The Classification of Law
Activity 10 (Practice exercise): Meaning of words
Activity 11 (Discussion): Rules of Interpretation Case Studies:
Fisher v Bell [1960] 3 All ER 731
Adler v George [1964] 1 All ER 628
Corkery v Carpenter [1951] 1 KB 102
Activity 12 (Proposition): The rules of interpretation.
Activity 13 (Proposition): Using cases from the past.
Activity 14 (Proposition): Applying Precedents
Comparison case: Fisher v. University of Texas (2016)
Precedent case: Brown v. Board of Education of Topeka (1954)
Activity 15 (Discussion) Ends Justify Means?
Case Studies:
▪ The Case of the Speluncean Explorers (Dudley Vs. Stevens)
▪ Dudley Vs. Stephens
▪ Eitchmann case
Activity 16 (Proposition): You decide: The Purple Shirt Regime
(Based on Hart/Fuller Debate)
Activity 17 (Moot): Arguing a Case: “Natural Law Theory is unjust”
Activity 18 (Proposition): Grudge Informer Case
Activity 19 (Proposition): Riggs v. Palmer
Activity 20: Think Blink (Mcqs)
Activity 21 (Practice exercise): Extracting Austin’s Command
Activity 22: Think Blink: Austin’s Sovereign and Pakistan’s Parliament
Activity 23 (Practice exercise): Extracting Austin’s Sanctions
Activity 24 (Proposition): The Fugitive Slave
Activity 25 (Think Blink): Rule of Recognition
Activity 26 (Practice Exercise): Finding Kelsen’s Norm
Activity 27 (Think Blink): Grundnorm and Pakistan
Activity 28 (Proposition): Building Keslen’s Grundnorm
Activity 29 (Proposition): Think Like a Philosopher
Activity 30 (Think blink): Commissioner and the Law
Acitivity 31 (Think Blink): Pakistan’s Parliament and Supreme Court

LIST OF ASSIGNMENT TOPICS

1. Law and Society

2. Natural Law and Legal Positivism

3. Social Contract Theory

4. Sources of Law