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Sathyabama Institute of Science and Technology LL.B - LL.B SAL1204 Jurisprudence (Legal method, Indian legal system and basic theory of law) Sathyabama Institute of Science and Technology School of Law SAL1204 JURISPRUDENCE (LEGAL METHOD, INDIAN LEGAL SYSTEM AND BASIC THEORY OF LAW) L T P Credit Total Marks 4 1 0 4 100 UNIT 1 – INTRODUCTION 15Hrs. Meaning of Jurisprudence- Legal Theory and Legal Concepts- Nature-Need and Scope - Notion of Law, Justice and Morality- Schools of Jurisprudence- Introduction and Scope. UNIT 2 – SCHOOLS OF THOUGHT AND THEORIES 18Hrs. Natural Law School- Analytical School- Sociological School- Historical School- Realist School- Economic School- Imperative Theory- Pure Theory. UNIT 3 – SOURCES OF LAW 18Hrs. Custom: Meaning-Origin and Essentials of a Valid Custom – Precedent: Definition, Importance- Merit and Demerits of the Doctrine - Legislation: Meaning, Types of Legislations-Place of Legislation in Modern Times. UNIT 4 – LEGAL CONCEPTS 17Hrs. Definition of Rights- Theories of Right - Elements of Legal Right - Classification of Rights - Meaning of Duty - Classification of Duty - Co-relation Between Rights and Duties. Obligations- Personality- Person: meaning and Definition – Different Kinds of Persons (Natural Person and Juristic Person)– Legal Status of Animals, Idols and Unborn Child – Theories of Corporate Personality- Possession and Ownership. UNIT 5 – THEORY AND CONCEPT OF JUSTICE 17Hrs Basic Legal Concept of Reasonableness with Reference to Indian Cases- The Basic Structure Doctrine- KesavanandaBharathiVs. State of Kerala: Shankari Prasad Deo Vs. Union of India: Sajjan Singh Vs. State of Rajasthan: I.C. GolakNath Vs. State of Punjab: Indira Nehru Gandhi Vs. Raj Narain. Max. 85 Hours COURSE OUTCOMES: On the completion of the course the student will be able to CO1: Made to understand the meaning, nature and scope of jurisprudence. CO2: Enabled the students to understand various schools of Jurisprudence. CO3: Created awareness on various sources of law. CO4: Made to understand the relationship between ethics and the law. CO5: Created awareness on the doctrine of Basic Structure. CO6: This Course will equip the students with the required Professional Skills TEXT / REFERENCE BOOKS 1. Dr Avtar Singh, Dr Harpreet Kaur, Introduction to Jurisprudence, Lexis Nexis 4th Edition, 2013. 2. Smith, A.T.H., Glanville Willaim’s Learning the Law, Sweet & Maxwell, 15th edition, 2013. 3. Mahajan, V.D., Jurisprudence and Legal Theory, Eastern book company, 5th Edition, Reprinted 2015. 4. Granville Austin, IndianConstitution, The Cornerstone of a Nation, New Delhi, Oxford University Press, 3rd Edition, 2007 5. AmartyaSen, The Idea of Justice, Cambridge, Mass.: Belknap Press/Harvard University Press, 10th Edition, 2009. END SEMESTER EXAMINATION QUESTION PAPER PATTERN Max. Marks:100 Exam Duration: 3 Hrs. PART A: 6 Questions to be answered out of 8 questions and each question carries 5 Marks 30 Marks PART B: 4 questions to be answered out of 8 questions (Internal Choice) and each question carries 10 Marks 40 Marks PART C: 2 Questions/Problems to be answered out of 4 questions/problems and each carries 15 marks 30 Marks |
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