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MAKERERE UNIVERSITY
COURSE OUTLINE (2022/2023)

Course Name: Jurisprudence 1

Course Code: L4119 (Undergraduate Programme)
MLAW 7111 (Postgraduate Programme)
Credits Units: 4
Contact Hours: 10 per class
Year of Study: Year 4
Semester: 1
Course Instructor: Dr. Busingye Kabumba

COURSE DESCRIPTION

As a core undergraduate course, Jurisprudence poses the fundamental questions about the nature of law, its place in
society and how a legal system operates as a system of rules and as a social institution engaging with ideals of justice
and often conflicting moral codes. This course involves examining major philosophical schools of legal thought.
The course orients the students to how these questions impact the legal systems in Uganda and other African
countries. The course also gives students an opportunity to think carefully about being socially conscious and the
values that ought to underpin the role of a lawyer.

COURSE OBJECTIVES/AIMS
The overarching objective of the course is to introduce students to a methodical, logical, and critical thinking about
law and legal problems. This is achieved by exploring a number of important theoretical issues concerning law
through:
a) Examining the leading schools of thought with regard to the idea of law and its development in tandem with
social engineering;
b) Interrogating and critiquing the perspectives of the different schools of thought on such contemporary
issues as justice, constitutionalism and rule of law, and deconstructionism of predominant social and
political ideals; and
c) Actively engaging with contemporary legal debates (such as nature and function of law in societies, legal
reasoning and relationship between law and morality, justice, and democracy) that characterise the study and
application of law.
d) Reflecting on theory and practice in law and the importance of the social, political, economic, cultural, and
historical forces that have given specificity to legal phenomenon and more so within the Ugandan legal
system.
This course presupposes that students have some prior legal knowledge-through the study of other subjects,
hence a multi-disciplinary approach is adopted to ensure they can co-opt knowledge and skills from other
disciplines to deepen their appreciation of contemporary issues. The course will enable and encourage
students to think critically about the relation between the nature of law on the one hand and legal doctrines
and institutions on the other hand.
LEARNING OUTCOMES
It is envisaged that, by the end of the course students should be able to:
a) Define the core concepts in Jurisprudence;
b) Identify, compare and contrast the most influential legal and political philosophies and their theses on law;
c) Apply abstract philosophical arguments to real problems and contexts;
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d) Critically assess legal and political theories and question their internal consistency and coherence as well as
their foundational assumptions;
e) Present a sustained and well-constructed argument about legal phenomena, such as doctrines, principles,
practice, and institutions;
f) Evaluate a range of theories, arguments and perspectives, in order to engage with complex conceptual
questions at an abstract level and debates in relation Uganda’s politico-legal, or socio-economic
development.
METHOD OF TEACHING/DELIVERY
As a response to the COVID-19 pandemic, the School of Law has adopted a blended teaching approach. The
course will be partly presented by means of viva voce lectures and partly through virtual lectures, use of case studies
and self-study. There is no comprehensive handout for the course and the students will be expected to take their
own notes during class. In lectures, only a broad explanatory overview of leading jurisprudential theories will be
given. Students will be expected to read extensively to consolidate and develop their understanding of the topics
that are covered in the course. Students will also be expected to debate the merits of the various jurisprudential
issues in class. Students are expected to assume responsibility for their learning by reading ahead of each lecture,
and in consolidating afterwards. Lectures are compulsory. A student may not miss more than six lectures
throughout the semester without a valid excuse. Whilst there are no tutorials in this course, the lecturers may devote
some time to help students through quasi-tutorial sessions before Semester 1 examination.
MODE OF ASSESSEMENT
For Undergraduates
a) One Coursework test scored out of 30%
b) One written examination paper scored out of 70%
c) Class attendance and informed participation
For Postgraduates
a) One Coursework test scored out of 40%
b) One written examination paper scored out of 60%
c) Class attendance and informed participation

COURSE OUTLINE
Week One: Introduction to the course - Welcome to Philosophy of Law! (6 hours)
• Course Objectives and Learning outcomes for Jurisprudence
• The Subject-Matter of Jurisprudence
• Nature and scope of Jurisprudence
• The relevance of Jurisprudence

Week Two: Natural Law/Philosophical School (6 hours)

• Legal Theory
• Historical Forms:
- Ancient and Slave Societies
- Feudal Society
- Capitalist Society
• Transition
• Consolidation
• Contemporary Natural Law
• Reactionary tendencies
• Progressive tendencies
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Week Three: Natural Law (Continued) (6 hours)
• Conceptual Framework:
• Major Theses
• Concepts: State and Law; Morality and Law; Justice; Rights & Duties etc
• Human Rights
• Obligation to Obey/Civil Disobedience
• Criticism of the Natural Law School

Week Four: Positivism/Analytical Jurisprudence

• Legal Theory
• Classical/Legal/Analytical Positivism
• Utilitarianism and Analytical Positivism
• The Command Theory
• The Concept of Sovereign Authority
• Law as emanating from the Sovereign Authority
• Law as a Species of Commands

Week Five: Positivism/Analytical Jurisprudence (Continued) (6 hours)

• Law as a Species of Duty to Obey
• Law as a Species of Sanctions
• The Concept of Law and Morality
- The Separability Theory: Law and Morality/ “Law as is” vis-à-vis “Law as ought to be
- Cases and Materials on Law and Morality
- The Speluncean Explorer’s Case by Lon Fuller /The Case of the Speluncean Explorers, 62 (4)
Harvard Law Review 616–645
• The critique of dogmatic image of law in Positivism ─ does Positivism give us a dogmatic
image of law? Is it feasible today?

Week Six: Positivism/Analytical Jurisprudence (Continued) (6 hours)

• Utilitarianism: Crafting laws so as to produce the best consequences for the greatest number of citizens.
Historically, utilitarian thinking about law is associated with the philosopher Jeremy Bentham

Week Seven: Kelsenian Pure Theory of Law (6 hours)

• Legal Theory
• Crisis of Positivism and the Origins of the Kelsenian Pure Theory of Law
• The Pure Theory of Law
- Conceptual Foundations/Structure
- The Grundnorm: The Function of a Constitution /Validity and the basic norm
- Logical unity of the legal order and determining whether a norm belongs to the legal order
- Legitimacy and/of revolutions
• Application of the Pure Theory of Law
• Cases and materials
• Criticism of the Kelsenian theory.

Week Eight: Coursework week (6 hours)

• Course work may either be a timed test of take-home assignment.
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Week Nine: Legal Realism - Scandinavian and American Versions (6 hours)
• Main thesis
• Critique

Week Ten: Historical Jurisprudence and Anthropological School (6 hours)

• The concept and meaning of Historical School of Jurisprudence
• Main thesis
• Anthropological Approach Towards Jurisprudence
• Critique

Week Eleven: Historical Jurisprudence and Anthropological School (Continued)

Week Twelve: The Sociological School (6 hours)

• Introduction to the Sociological and "Realist” Theories
- Social origins of Sociological and Realist Theories
- The conception, scope and function of law under Sociological and Realist Theories
• The European Trend of the Sociological School
• The American Trend of the Sociological School
• Contemporary Developments: Sociology and Anthropology of Law; Manifestations in 3rd World
Countries
• Critique of Sociological Legal Theory

Week Thirteen: The Sociological School (Continued)

Week Fourteen: Quasi-Tutorial Sessions and Revision (6 hours)

Week Fifteen: Exams
Week Sixteen Exams
Week Seventeen Exams and Departure

READING/REFERENCE MATERIALS

Essential reading
Applicable Laws
• The Constitution of the Republic of Uganda 1995 [All Chapters with focus on Chapter 4]
• The Penal Code Act, Chapter 120
• The Anti-corruption Act, Act No 6 of 2009
• The Anti-terrorism Act, 2002
Case
• Edward Fredrick Ssempebwa v Attorney General Constitutional Case No. 1 of 1986
• Paul K Ssemogerere and Zachary Olum v Attorney General Constitutional Petition No3/99
https://media.ulii.org/files/judgments/ugcc/1999/5/1999-ugcc-5_0.pdf
• Paul Ssemogerere, Zachary Olum, Juliet Rainer Kafire v Attorney General constitutional Appeal No.1/2000
https://ulii.org/ug/judgment/supreme-court-uganda/2004/10
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• Paul K Ssemogerere and Others v Attorney General Constitutional Appeal 1/2002
https://ulii.org/ug/judgment/supreme-court-uganda/2004/10
• Attorney General v Paul K Ssemogerere and Others Constitutional Application 3/2004
https://ulii.org/ug/judgment/supreme-court-uganda/2004/35
Books
• Freeman, M. (ed.) Lloyd’s introduction to jurisprudence. (London: Sweet & Maxwell, 2014) 9th edition [ISBN
9780414026728].
• Simmonds, Nigel Central Issues in Jurisprudence: Justice, Law and Rights. (London: Sweet & Maxwell, 2013) 4th
Revised edition [ISBN-10 : 0414023234 & ISBN-13: 978-04140232392013].
• McBride, Nicholas J and Steel, Sandy Great Debates in Jurisprudence (London: Red Globe Press, 2018) 2nd
edition [ISBN 9781352002423]
• Hart, H.L.A. The Concept of Law (Oxford: Oxford University Press, 1961) 2nd or 3rd ed. (1996 or 2012)
Recommended
• Penner, James Penner (ed.) Introduction to Jurisprudence and Legal Theory: Commentary and Materials (London:
Butterworth-Heinemann, 2005) [ISBN 0406946787] [ISBN13: 9780406946782]
• Shivji, Issa The Concept of Human Rights in Africa (Codesria Book Series, 1989)
• Suber, Peter The Case of the Speluncean Explorers: Nine New Opinions (London: Routledge,1998) [ISBN
9780415185462]
• Austin, John The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence with
an Introduction by H.L.A. Hart. (Indianapolis: Hackett, 1998).
• Friedmann, W Legal Theory, (London: Stevenson, 2008 (rpt.) 8th edition.
• Hayman, Robert L and Levit, Nancy et al. (ed.) Jurisprudence: Classical and Contemporary: From Natural
Law to Postmodernism (St. Paul: West, 2002).
• Leimer, Edger B Jurisprudence: The Philosophy of Method and Law (California: Harvard University Press,
2009) 6th edition.
• Raz, Joseph The Concept of a Legal System: An Introduction to the Theory of Legal System (Oxford:
Clarendon, 1980) 2nd edition.
Journals
• Fuller, Lon The Case of the Speluncean Explorers, 62 Harvard Law Review 616
• Hart, H.L.A. The American Journal of Jurisprudence, Volume 7, Issue 1, 1962, Pages 169–
177, https://doi.org/10.1093/ajj/7.1.169
e-resources
• Meaning, Nature and Scope of Jurisprudence, https://www.legalbites.in/meaning-nature-scope-
jurisprudence
• Schools of Jurisprudence, https://www.legalbites.in/schools-of-jurisprudence-notes/
• Positivism, https://www.legalbites.in/criticism-of-austin-theory-of-positivism/#austin
• Critiquing Austin’s Theory, https://www.legalbites.in/criticism-of-austin-theory-of-positivism/