What is Jurisprudence?
Juris means Law, Prudence means Skill or knowledge. Jurisprudence means skill in law or Knowledge in Law. Important concepts in Jurisprudence are as follows
1. Need to study Jurisprudence; Its relationship with political; power structures and just
society.
2. What is a Concept?
2.1. Concept; Ideas and Notions
2.2. What is Theory? Difference between theory; hypothesis; conjecture; and opinions .
3. What is a Norm?
3.1. Difference between maxims, rules, principles and customary rules
3.2. Differences between Primary Rules and Secondary Rules.
3.3. What is a Normative System
4. Concept of Law; Its difference with laws of natural science, social sciences, statistics,
history
4.1. Laws on obligation and regulatory laws.
5. Why are Laws obligatory?
5.1. Define and discuss the following legal concepts: liability, obligation, sanction,
coercion,compulsion, duty, estoppel, promise, Dharma with case material
5.2. ContractarianTheories: General-will theories and Free-will theories and Autonomous
theories particularly Positivist theories connected development of Austin onwards:
Reference to Dworkin; Rawls and Marxian terms of the Doctrine of withering away
of state, including Transcendental Theories.
5.3. Whom does the law obligate? Personality; people; state-with particular reference
toDirective Principles of State Policy; locus standi, Randhir Singh, Golaknath and
other relevant cases.
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6. Theories of Authority
6.1. Types of authority; legislative, judicial and customary-their binding nature.
6.2. Bindingness with regard to Precedent. Determination of ratio and methods of
Wanbaugh, Salmond, Good Hart, Simpson’s approach in Jacob’s case. Also the
studying factors of Ilewlyn (information to be provided that there is no distinction
between making and declaring, basing on Gestault psychology. (Ref: Peter Brett)
7. Limits on Legislative Authority
7.1. Positivist view that there are no limits. Discuss with reference to Austin, Kelsen,
Golaknath and D.C Wadhwa’scase.
7.2. Natural Law view that the limits are defined by principles of morality or natural
justice; the legislation, from whatever source, must be in accordance with such
principles. Discuss with reference to Aquinas, Finnis.
7.3. The Rationalists view that the limits are set by rational principles of justice Discuss
with reference to Kant, Rawls.
7.4. The Basic Structure Doctrine-that the limits are set by the Basic Structure of the
Constitution or the law itself; any legislation contrary to the basic structure is nonlaw
(ref: KesavanandaBharathi’scase)
7.5. Define and discuss the basic legal Concept of Reasonableness with reference to
Indian cases.
State of Madras v. V.G. Row (1952 SC 196).
Dwaraka Prasad Laxmi Narayan v. State of U.P (AIR 1954 SC 224).
KrishanchandaArora v. Commissioner of Police (1961 3 SCR 135.
Hardhan Shah v. State of West Bengal (1975 3 SCC 198).
Air India v. NargeshMeerza(AIR 1987 SC 1829).
Maneka Gandhi v. Union of India (1978 2SCR 621).
8. The Functions of Law
8.1. Law as the upholder of the moral order in the society
8.2. Concept of Dharma and connection between Law and Morality
8.3. Law for bringing efficiency and social stability; the utilitarian views
8.4. The differences between the ends of a legal order, a political order and a religious
order. Arethey interchangeable? Can one replace another? Issue concerning the
dialectics of law
8.5. Law as a means of Social Control
8.6. Law as Volksgeist
Coimbatore lawyers have advocates and lawyers in Jurisprudence subject.