Jurisprudence

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Jurisprudence is the study of the Theory and Philosophy of Law. The subject, in its entirety, differs from other social sciences. This has given rise to several debates with regards to the nature of jurisprudence as a science vis-à-vis its nature as art.

According to Paton, modern jurisprudence is mostly based on social sciences and philosophy since it examines the historical aspects of law to address the chaos created by conflicting legal systems. Describing jurisprudence as a “lawyer’s extraversion”, Julius Stone is of the opinion that the objective of jurisprudence is to view and examine law from the eyes of disciplines other than law.

Important articles and study material on Jurisprudence – Click on the topics to Read

Module 1: Introduction and Sources of Law

1. Meaning of the term ‘jurisprudence’, Importance, Indian Perspective
2. Nature and definition of law,
3. Relation between Law and Morality
4. Law and Justice
5. Sources of Law
6. Jurisprudence & Other Social Sciences: Evaluating the Interrelation
7. Different Approaches towards the Study of Jurisprudence

Module 2: Schools of Jurisprudence

1. Criticism of Austin’s theory of positivism
2. Historical School of Jurisprudence
3. Sociological School of Jurisprudence
4. Natural law School
5. Kelsen’s Pure Theory of Law & HLA Hart’s Theory
6. Legal Realism – American Realism and the Scandinavian Realists

Module 3: Ownership, Possession, and Property

1. Possession: Definition, concept, and importance
2. Ownership: Definition, Concept and Kinds
3. Relation between Possession and Ownership
4. Kinds of property

Module 4: Concept of Rights and Duties

1. Rights, Duties, and Wrongs: An Overview
2. Hohfeld’s Theory of Jural Relations

Module 5: Constitutionalism

1. Evolution of liberal theories of justice
2. Role of State in Maintaining Freedom
3. Marxism and the element of ideology in law
4. Role of culture in constitutionalism
5. Notion of otherness and the politics of difference

Other Important Articles

1. Meaning, Nature And Scope of Jurisprudence
2. Sources of Law by Shubhendu
3. Sources of Law by Mayank Shekhar
4. Schools of Jurisprudence
5. Renaissance Period of Natural Law
6. Analytical School
7. Historical School
8. Sociological School
9. Nature, Purpose and Functions of Law
10. Kinds of Law
11. Theories Of Juristic Personality
12. Concept Of State And Sovereignty
13. Concept Of Legal Rights
14. Rights and Duties in Jurisprudence
15. Concept of Justice
16. Administration Of Justice
17. Precedent
18. Obiter Dicta
19. Ratio Decidendi
20. Legislation and its Types
21. Laws of Property Under Jurisprudence
22. Possession
23. Ownership

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