national law university and judicial academy, assam

programme: b.a.,ll.b. (hons.) fyic

details of course offered

even semester (ii) – academic year ……………

Sl course course
no code title l t/p cr ch
1 BL206 jurisprudence 4 1 4
per per
week week

a. code and title of the course: bl206 , jurisprudence

b. course credit: 4 (total marks 200)

c. medium of instruction: english

d. course compiled by: saheb chowdhury

e. course instructor: saheb chowdhury

1. course objectives
Jurisprudence, both as a philosophy or science of law, involves the study of the general
theoretical questions about the nature of law and legal systems, about
the relationship of law with justice and morality and about the socio-political nature of
law. Law is primarily concerned with regulation and control of human conduct to realise
and provide the cherished long term needs, expectations and goals of a society in the
context of its prevailing social, economic and political order. Jurisprudence, as a subject,
encourages the students to inculcate a free and independent thinking mind to question
presumptions of law, ‘law as it is’ or ‘law as it ought to be’, and to develop a wider
understanding of the nature and working of law under different legal norms and systems.

Jurisprudence does not provide answer to specific questions of law. The objective of the
course is to teach the students the rudiments of law, its meaning, nature and evolution
under different schools of thought which will offer pointers, clues, insights and give
them an understanding of how the law shall operate in day to day life of an individual or
the society as a whole and various questions legal and moral obligations. The course is
intended to enhance in the students, giving the reasoning tools and the capacity to
identify the morally right from the morally wrong thereby inculcating in them a sense of
justice irrespective of the career they undertake.

2. teaching methodology
The teaching methodology to be adopted in this course paper shall be a collaboration of
lecture method as well as discussion method. The former method is a direct instruction
method by the teacher while the latter is a kind of co-operative learning wherein it gives
enough scope to the students for an active participation in the classroom discussion. The
lecture method can be used to introduce a new topic or idea to the students and this can
be ideally followed by a discussion method which is an applied or analytical approach
based on the basic theoretical or the foundational understanding of the topics taught. The
students shall be asked to apply their theoretical understanding to practical problems or
issues. The students shall be required from time to time to give class room presentation
on the topics assigned to them either in groups or individually. This will facilitate
student's capabilities to think freely and independently. The students shall be informed in
advance about the topic which would be taught and discussed in the class and along with
the relevant study reference materials. The teacher summarizes after the students have
 completed their discussion, and any clarification on the queries raised by the students is
entertained. These methods will give ample scope to the teacher to reach out to
individual students, to identify their shortcomings, to supervise their overall performance
and to effectively carry out continuous assessment of the performance by the students.
To train and inculcate research skills among the students, project assignments shall be
given to the students and the topics shall be allotted in advance during the vacation
before the semester begins in order to allow the students to invest their time in research
work. The students are also encouraged to develop publishable research papers on the
project topics assigned to them. In the classroom, every student is required to present
his/her topic and to have his/her doubt cleared through discussion. The teacher will be
helping and guiding the students in their pursuits of legal learning. The overall teaching
method shall enable to achieve the primary role of a teacher which is to coach and
facilitate student learning and overall comprehension of the course material.

3. expected outcomes of the course

On completion of the Course, the students are expected to develop a comprehensive
understanding of the various theoretical approaches in understanding the concept of law
and legal system. They are also expected to be able to understand the real-world
relevance of these approaches. Further, the students are expected to acquire the skill of
analytical in-depth research to produce publishable research work. The students are also
expected to overcome the problem of lack of confidence and clarity during classroom
presentation and to inculcate the habit independent critical thinking.
4. course evaluation method
All theory Courses (with the exception of Clinical Papers and CBCC) will be evaluated
on 200 marks. The Evaluation Scheme would be as follows:

Internal Assessment: 70% (140 marks)

Semester End Examination: 30% (60 marks)
Sl. Marks Distribution
No.
1 Project Work 40 marks

2 Seminar/Group Discussion 20 marks

3 Assignment/Assessment 30 marks

4 Mid-Semester Test 40 marks

 5 Attendance in class 10 marks
6 Semester End Examination 60 marks

5. detailed structure of the course (specifying course modules

and sub-modules)

MODULE I

Introduction:
Jurisprudence: Definitions, Difficulties in Defining Jurisprudence and Legal Theory
What is Legal Philosophy?
Law As It Is and Law As It Ought To Be
Law and Ethics, Law and Morality, Law and Justice
Nature of Jurisprudence: Jurisprudence as a Study of Divine Law, Jurisprudence
as a Philosophy of Law, Jurisprudence as a Science of Law, Jurisprudence as a
Social Science of Law, Jurisprudence as a Lawyer’s Extraversion
Legal Exposition, Legal History and Science of Legislation
Relationship of Law with: Morality, Social Change, Social Justice, Right to Life

MODULE II

THE NATURAL LAW SCHOOL: Basic Tenets of the Natural Law School,
History of the Natural Law Philosophy:
The Greek Period: The Ancient Greek Theories, Socrates (469 – 3990 BC),
Heraclitus (535 – 475 BC), Plato (427 – 347 BC), Aristotle (384 – 322 BC)
The Roman Period: The Ancient Roman Theories, Marcus Tullius Cicero Roman’s
Three Fold Classification of Law: Jus Civile, Jus Genitum and Jus Naturale
The Age of Christian Theology: St. Augustine (354 – 430), St. Thomas Acquinas
(1225 - 1274)
The Modern Classical Theology: Thomas Hobbes, John Locke
The Revival of the Natural Law Recent Theories of Natural Law: Rudolf Stammler
(1856 – 1938), John Rawls (1921 – 2002), Joseph Kohler (1839 –1919), Jerome
Hall (1901- 1987)
Natural Law and the Indian Constitution, Natural Justice and Public Interest
Litigation in India.

MODULE III

THE ANALYTICAL SCHOOL

Background of the Analytical School, Reaction against the Natural Law School
Legal Positivism
The Exponents of the Analytical Schools: John Austin and His Command Theory,
Jeremy Bentham (1748-1832), H.L.A. Hart and His Rules of Recognition (1952-
1969), Hans Kelsen and His Pure Theory of Law
The Hart- Fuller Debate, The Hart- Devlin Debate.

THE HISTORICAL SCHOOL

Background of the Historical School, Reaction Against Natural Law Thinking
Exponents of the Historical School: Friedrich Karl Von Savigny and His Theory of
‘Volkgeist’, George Friedrich Puchta and His Doctrine of General Will, Henry
Maine and the Anthropological Theory: Stages of Development of Law: Static Society,
Progressive Society, Status to Contract and Contract to Status
Historical School and Indian Law

THE SOCIOLOGICAL SCHOOL

Background of the Sociological School, Sociological Jurisprudence and the
Sociology of Law
Exponents of Sociological School: Rudolf Von Ihering’s Social Utilitarianism,
Eugene Ehrlich’s Theory of Living Law, Leon Duguit’s Principal of Social
Solidarity, Roscoe Pound and the Theory of ‘Social Engineering’, Individual
Interests, Public Interests, Social Interests, Jural Postulates
Sociological Jurisprudence: The Indian Position

MODULE IV

THE REALIST SCHOOL, CRITICAL LEGAL STUDIES MOVEMENT AND

FEMINIST JURISPRUDENCE
Legal Realism: Background of the Realist School
The American Realist’s Movement
 Exponents of the Realist School: O.W. Holmes’ View, John Chipman Gray’s View,
Jerome Frank’s View
The Scandivian Realist School
Exponents of the Scandivian Realist School: Axel Hagerstrom, Alf Ross
Comparison of the Scandivian and the American Realism
Basic Tenets of the Realist School
Critical Legal Studies Movement: Need for the CLS Movement, Essential Targets and
Achievements of the movement.
Feminist Jurisprudence: Feminist Jurisprudence and its versions, Appraisal of its
Achievements and Targets.

6. prescribed readings
1. Austin, John, The Province of Jurisprudence Determined, Universal Publishing
Company, Delhi, 2005.
2. Bhargava, Rajeev, Michael Dushe, Helmut Reifield et. al., Justice- Political, Social,
Juridical, Sage Publications Inc., New Delhi, 2008.
3. Bentham, Jeremy, A Fragment of Government; or, A Comment on the
Commentaries, Second Edition, W. Pickering, London, 1823.
4. Bix, Briann, Jurisprudence: Theory and Context, Sweet and Maxwell, London,
2006.
5. Bodenheimer Jurisprudence, The Philosophy and Methods of Law, Delhi: Universal
Publication, 1996.
6. Buyse, Antoine, Michael Hamilton, et. al., Transitional Jurisprudence and the
ECHR- Justice, Politics and Rights, Cambridge University Press, New York, 2011.
7. Jules Coleman, Scott Sharpiro, Kenneth Einar Himma (eds.), The Oxford Handbook
of Jurisprudence and Philosophy of Law, New York: Oxford University Press,
2002.
8. Coleman, Jules, The Practice of Principles: In Defense to Pragmatic Approach to
Legal Theory, Oxford University Press, Oxford University Press, Oxford, 2001
9. Detmold, M.J., The Unity of Law and Morality: A refutation of Legal Positivism,
Routeledge and Kegan Paul, London, 2001
10. Dhyanni, S.N., Fundamentals of Jurisprudence- The Indian Approach, Third
Edition, Central Law Agency, Allahabad, 2011.
11. Dickson, Julie, Evaluation and Legal Theory, Hart Publishing, Oxford, 2011.
12. Doherty, Michael, Jurisprudence- The Philosophy of Law, Old Bailey Press,
London, 2011.
13. George, Robert, PI (Ed.) The Autonomy of Law: Essay on Legal Positivism,
Clarendon Press, Oxford, 1995.
14. Hart, H.L.A., The Concept of Law, Second Edition, Oxford University Press, New
Delhi, 2010.
15. Raymond Wacks, The Philosophy of Law: A Very Short Introduction, New York:
Oxford University Press, 2006.
16. Suri Ratnapala, Jurisprudence, United Kingdom: Cambridge University Press,
2009.
17. Rawls, John, A Theory of Justice, Universal Law Publishing Company Private
Limited, Delhi- 2011.
18. Salmond on Jurisprudence, Universal Law Publishing Co. Indian Rept., Twelfth
Edn.
19. Tebbit, Mark, Philosophy of Law, Second Edition, Routledge, New York, 2005.
20. Fitzgerald, (ed.) Salmond on Jurisprudence (1999).
21. W. Friedman, Legal Theory, Delhi: Universal Publishing House, 1944.
22. V. D. Mahajan, Jurisprudence and Legal Theory, Lucknow: Eastern Books, Re.
1996.
23. M.D.A. Freeman (ed.), Lloyd’s Introduction to Jurisprudence, (1994), Sweet and
Maxwell.
24. Paton G. W., Jurisprudence, Oxford, ELBS, 1972.
25. H.L.A. Hart, The Concept of Law (1970), Oxford, ELBS.
26. John Rawls, A Theory of Justice (1971), HUP.
27. Ronald Dworkin, Law’s Empire, (1986), HUP.
28. Ronald Dworkin, Taking Rights Seriously, (1977), HUP.
29. Tom Bingham, The Rule of Law,
30. Thomas Holland, The Elements of Jurisprudence, New Delhi: Universal Law
Publishing Co. Ltd., 13th edn., 2010.
31. Roscoe Pound, Introduction to the Philosophy of Law (1998 Re-print), Universal
Publication, Delhi.
32. Dias, Jurisprudence, New Delhi: Adithya Books, (1994).
33. Dhyani S. N., Jurisprudence: A Study of Indian Legal Theory, New Delhi:
34. Metropolitan, 1985. M.P. Tondon, Jurisprudence Legal Theory, Allahabad:
Allahabad Law Agency.
35. Nigel E Simmonds, Central Issues in Jurisprudence, London: Sweet and Maxwell
Ltd., 3rd edn., 2008, 2010.
36. N.V. Jayakumar, Lectures in Jurisprudence, 2nd Ed., Lexis-Nexis.
37. G.C. Venkata Subba Rao, Jurisprudence and Legal Theory, Eastern Book Comp
38. Autar Krishen Koul, A Textbook of Jurisprudence, New Delhi: Satyam Law
International, 2009.
39. The Purpose and Usefulness of Jurisprudence: Peter Wahlgren
40. What is Jurisprudence?: R H S Tub
41. Legal Philosophy as Practical Philosophy: Jesus Vega
42. What is ‘General Jurisprudence? A Critique of Universalistic Claims by
Philosophical Concepts of Law: Brian Z. Tamanaha
43. The Nature of law: Available at Stanford Encyclopaedia of Philosophy
44. The Law and its Limitations: G Hay
45. Natural Law by Robert P. George
46. Natural Law and Legal Positivism: R D Lumb
47. Natural Natural Law and Positive Natural Law: Roscoe Pound
48. Positivism and Separation of Law and Morals: HLA Hart
49. Hard Cases: Ronald Dworkin
50. Natural Law and Natural Rights Old Problems and Recent Approaches: Brian
Tierney
51. A Critical Guide to Vehicles in the Park: Frederick Schauer
52. Hans Kelsen and His Pure Theory of Law: Edwin W Patterson
53. Sociology of Law and Sociological Jurisprudence: Roscoe Pound
54. Legal Realism as Theory of Law: Michael Steven Green