Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.

Sakkarnaikar

Gujarat National Law University

Gandhinagar, Gujarat (India)

Course Outline

of

Jurisprudence

For

BA/BCom/BSc/BBA/BSW, LLB

Semester: II

Session: January-June -2023

Faculty:
Dr. Fakkiresh S. Sakkarnaikar
Assistant Professor of Law
Gujarat National Law University
Email: [email protected]
Mob: 8128650849
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar

Srl. No. Contents Page No.

1.0 Objectives of the course 02

2.0 Proposed teaching schedule 04

3.0 Detailed course-outline 05

4.0 Prescribed/Recommended readings 09

5.0 Teaching methodology 11

6.0 Evaluation pattern 11

7.0 Tentative dates for test/submission of project/GD, etc 11

8.0 Important instructions to students 11

9.0 Contact hours 12

1.0 Objectives of the Course

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar

Jurisprudence is designed to facilitate students thinking about the law rather than
learning detailed analysis of the legislation/legislations and cases consigned to a
particular area of law. It will require the student to critically consider the nature of law,
its role in society, and various perspectives and critiques on law. In essence, the study
of jurisprudence is a study of the philosophy of law. A student can expect to be
confronted with new and at times difficult approaches that challenge his/her thinking
and assumptions about law. In encountering these situations students will be required
to do the additional work to master the approaches and deal effectively with the material
being presented.

It is not sufficient for advocates and students to fathom what law is today, but he/she
shall also study how people thought about law in the past.

Jurisprudence reveals the manner in which people in different countries at different

times have speculated about some of the problems concerning law. Speculations about
law by past and present thinkers should be a part of intellectual culture. Even where
legal theories are open to criticism, they posses value and later theories can be better
understood in the light of them.

This course provides an introduction and elaboration of contemporary theories of law

and an overview of the institutions and processes of law in different societies. It
examines legal thought like naturalism, positivism, realism, law and economics and
critical legal studies. In addition the course investigates and juxtaposes major Western
and non-Western theories of law, their dynamics and influence in the overall
development of legal philosophy. This critical and analytical investigation and evaluation
is done against the broad landscape of arguments about the operation of law in society.

It stands between philosophy and political theory. It derives its intellectual categories
from philosophy and ideas of justice from political theory. Its contribution lies in
formulating political ideas in terms of legal principles.

It reflects the struggle of law between tradition and progress, stability and change,
certainty and flexibility. Legal theories and lawyers are inclined to put more emphasis
on stability than change.

It assumes one of three attitudes. Either it subordinates the individual to the community,
or it subordinates the community to the individual or it attempts to blend the two.

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar

Course Learning Outcomes from the Students:

1. They shall familiarise themselves with key thinkers and their main types of descriptive,
justificatory and critical argumentation about law and legal systems.

2. They shall develop ability to engage in reflective and critical thinking and discussion
about the law.

3. They shall appreciate the theoretical background of legal decisions and contemporary
legal issues

2.0 Proposed Teaching Schedule

No. of Sessions
Module No. Modules
(Classes)
II. 3. 1 Nature and Scope of Jurisprudence 05
II. 3. 2 Administration of Justice 05
II. 3. 3 Law as a Dictate of Reason-Natural Law Theory 09
(Law and Morality)
II. 3. 4 Analytical Positivism/Legal Positivism/Logical 08
Positivism-Positive Law Theory
II. 3. 5 Historical and Anthropological Jurisprudence 05
II. 3. 6 Law and Social Theory- Sociological Theory of 05
Law
II. 3. 7 Legal Realism/Realistic Theory of Law 05
II. 3. 8 Feminist and Critical Race Theory 03
II. 3. 9 Legal Concepts 10

Total = 55

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar
3.0 Detailed Course Outline

Jurisprudence
5 Marks - Minimum 2 Pages content John Rawl will also be there
10 Marks - Minimum 4 Pages content

Module- II. 3. 1 Nature and Scope of Jurisprudence Session: 05

▪ What is Jurisprudence?
▪ Difference between Jurisprudence and Legal Theory
▪ What is Philosophy? Module 1 there fully
▪ What are Law and Legal System?
▪ Why obey the Law?
▪ The relation of Justice to Law, Morality and Ethics
▪ Is International Law a Vanishing Point of Jurisprudence?
▪ Indian Thinkers

Module- II. 3. 2 Administration of Justice Sessions: 05

▪ Necessity of Administration of Justice

▪ Significance of Public Opinion and Coercive Measures
▪ The Criminal Administration of Justice
▪ The Purpose of Criminal Justice:
Punishment
▪ Theories of Punishment
▪ Indian View Point on Theories of Punishment
▪ Civil Administration of Justice
▪ Primary and Sanctioning Rights
▪ Secondary Functions of the Court of Law
▪ Indian Present Position

Module- II. 3. 3 Law as Dictate of Reason-Natural Law Theory Sessions: 09

▪ Classical Natural Law Theory

▪ Harclitus only for one sentence - NL can be found in rhythm of events - reason, order and destiny.
▪ Socrates Destiny - some believe and some do not, predetermined. Order and reason in nature -
rain and summer predetermined.
▪ Plato
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar
▪ Aristotle
▪ Cicero
▪ Stoics
▪ Natural Law in the Middle Ages
▪ Thomas Aquinas
▪ Grotius
▪ Natural Law and Social Contract
▪ Hobes
▪ Locke
▪ Rousseau
▪ Kant
▪ Decline of Natural Law Theory WW I, WW II, violated HR
▪ Natural Law Ideas in English Law Common law - no specific questions on that point
▪ Natural Law Ideas in American System Bill of Rights, American Revolution
▪ Revival of Natural Law Theory (Indian and Western thinkers) ADM Jabalpur, Nazism
▪ Natural Law and the Indian Supreme Court’s recent judgments

Cases
➢ Maneka Gndhi v Union of India AIR 1978 SC 597
➢ Mohinder Singh Gill v Chief Election Commissioner AIR 1978 SC 851
➢ Olga Tellis v Bombay Muncipal Corporation AIR 1986 SC 180
➢ Democratic Rights v Union of India AIR 1982 SC 1473
➢ Vellore Citizen v Welfare Forum of India (1996) 5 SCC 650
➢ M.C. Mehta v Union of India AIR 1987 SC 1086

Module- II. 3. 4 Legal/Analytical/Logical Positivism Sessions: 08

▪ What is Positivism? No Hart and Fuller Debate

▪ Jeremy Bentham-Luther of Jurisprudence
▪ In Search of Determinacy
▪ Judge and Company
▪ Codification
▪ John Austin-Naive Empiricist?
▪ Imperatives
▪ Laws Properly so called
▪ Laws Improperly so called
▪ Law and Power
▪ Commands
▪ Sovereign
▪ Sanctions
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar
▪ HLA Hart
▪ Law as System of Rules
▪ Social Rules
▪ Secondary Rules
▪ The Rule of Recognition
▪ The Existence of Legal System
▪ The “Internal Point of View”
▪ The Judicial Function
▪ Hans Kelsen pure theory of law
▪ Unadulterated Law
▪ A Hierarchy of Norms
▪ The Grundnorm
▪ Validity, Efficacy and Revolution
▪ Democracy and the Rule of Law
▪ Joseph Raz
▪ Practical Reason
▪ Committed and detached Statements
▪ Assault on Positivism
▪ Legal Positivism and Supreme Court’s recent judgments

Module- II. 3. 5 Historical and Anthropological Jurisprudence Sessions: 05

▪ Historical School
▪ FKV Savigny
▪ Sir Henry Maine
▪ The Evolution of Law
▪ Fictions
▪ Movement from Status to Contract
▪ Critique
▪ Anthropological Jurisprudence

Module- II. 3. 6 Law and Social Theory-Sociological Theory of Law Sessions: 05

▪ What is a Social Perspective?

▪ Roscoe Pound
▪ What is an Interest?
▪ Kinds of Interest
▪ Jural Postulates
▪ Critique
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar
▪ Emile Durkheim
▪ Max Weber
▪ Karl Marx

Module- II. 3. 7 Legal Realism/Realistic Theory of Law Sessions: 05

▪ What is Legal Realism?

▪ American Realists
▪ Oliver Wendell Holmes Jr
▪ Karl Llewellyn
▪ Jerome Frank
▪ The American Realist Method
▪ Scandinavian Realists
▪ Alf Ross
▪ Hgerstorm
▪ Lundsted V.
▪ Karl Olivecrona
▪ Realism and Psychology

Module- II. 3. 8 Feminist and Critical Race Theory Sessions: 03

▪ Origins of Feminism
▪ Legal Feminisms
▪ Liberal Feminism
▪ Radical Feminism
▪ Postmodern Feminism
▪ Difference Feminism
▪ Other Feminisms
▪ Critical Race Theory
▪ CRT and Feminist Theory
▪ CRT and Postmodernism

Module- II. 3. 9 Legal Concepts Sessions: 10

▪ Legal Rights
▪ Wrong
▪ Duty
▪ Right
▪ Characteristics of Legal Rights
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar
▪ Legal Rights in Wider Sense
▪ Kinds of Legal Rights
▪ Ownership
▪ The Idea of Ownership
▪ Subject of Ownership
▪ Kinds of Ownership
▪ Possession
▪ What is Possession?
▪ Possession in Fact
▪ Possession in Law
▪ Acquisition of Possession
▪ Possessory Remedies
▪ Possession and Ownership
▪ Persons
▪ The Nature of Personality
▪ Legal Persons
▪ Status of a dead man
▪ Status of Lower Animals
▪ Status of Unborn Person

4.0 Prescribed/Recommended Readings

Prescribed Readings

1. Wacks Raymond, Understanding Jurisprudence, (Oxford University Press 2020)

2. Dias, Jurisprudence (LxisNexis 2013)
3. Fitzgerald P. J, Salmond on Jurisprudence, (Universal Law Publishing Co. Pvt
Ltd 2004)
4. Freeman MDA, (ed), Lloyd’s Introduction to the Jurisprudence (Sweet and
Maxwell 1994)
5. Dhyani SN, Jurisprudence: A Study of Indian Legal Theory (Metropolitan 1985)
6 Mahajan VD, Jurisprudence and Legal Theory, (Eastern Book Company 2003)

7. Curzon LB, Jurisprudence (Cavendish Publishing Limited 1995)

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar

Recommended Readings

1. Brian Bix, Jurisprudence: Theory and Context (Sweet and Maxwell 2014)

2. Ratanpala Suri, Jurisprudence (Cambridge 2011)

3. Paton GWA, Text Book of Jurisprudence ( Oxford University Press 2004)

4. Subbarao GCV, Jurisprudence and Legal Theory (Eastern Book Company 2001)

5. Sethna MJ, Jurisprudence (Lakhni Book Deopt Bombay 1973)

6. Friedmann W, Legal Theory (Universal Law Publishing Co.pvt ltd 2003)

7. Upendra Baxi, The Indian Supreme Court and Politics (Eastern Book Company
2002)

8. Bodenheimer Edgar, Jurisprudence The Philosophy and Method of Law

(Universal Law Publishing Co.pvt ltd 1996)

9. Hart HLA, The Concept of Law (Oxford University Press 1970)

10. Pound Roscoe, Introduction to the Philosophy of Law (Universal Law

Publishing Co.pvt ltd 1998)

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar

5.0 Teaching Methodology

The methodology for study and research of this subject would be covering,
class room lectures, seminars, group discussions, teacher and student
interaction and open discussion.

6.0 Evaluation Pattern

Evaluation: Marks

Continuous Evaluation……………………………… 50

End-Semester Examination………………………… 50
--------------------------------------------------------
Total 100

7.0 Tentative Dates for Continuous Evaluation Tests/ Submission of Project/

GD, etc

Continuous evaluation includes Group Discussion (GD) of 20 marks and Class

Test/Project of 30 marks.
For GD, the tentative date of commencement- 28th March, 2023.

8.0 Important Instructions to Students

The Course Outline given here is tentative. The concerned faculty-member may
modify it while engaging the academic sessions. The teaching course on this subject
and methodology will not be necessarily bound by parameters shown here. Both
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S. Sakkarnaikar
faculty-members and students may mould the Course Outline according to the
needs suitable for better and progressive understanding of the subject.

9.0 Contact Hours

Days: Monday and Wednesday

Timings: from 3.30 pm to 4.30 pm.

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