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Vivekananda Institute of Professional Studies: Name of Program: BBALLB Dr. Ankita Kumar Gupta

This document provides information about a 6th semester Jurisprudence course offered at Vivekananda Institute of Professional Studies. The course is taught by Dr. Ankita Kumar Gupta and covers various approaches to law including analytical positivism, historical approaches, and sociological approaches. Students will learn about jurisprudential concepts through problem based learning, documentaries, lectures, panels and projects. Assessment methods include projects, assignments, presentations, panel discussions, and oral exams. The course aims to help students understand jurisprudential concepts and their application to contemporary issues.

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SUNNY BHATIA
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0% found this document useful (0 votes)
68 views

Vivekananda Institute of Professional Studies: Name of Program: BBALLB Dr. Ankita Kumar Gupta

This document provides information about a 6th semester Jurisprudence course offered at Vivekananda Institute of Professional Studies. The course is taught by Dr. Ankita Kumar Gupta and covers various approaches to law including analytical positivism, historical approaches, and sociological approaches. Students will learn about jurisprudential concepts through problem based learning, documentaries, lectures, panels and projects. Assessment methods include projects, assignments, presentations, panel discussions, and oral exams. The course aims to help students understand jurisprudential concepts and their application to contemporary issues.

Uploaded by

SUNNY BHATIA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Vivekananda Institute of Professional Studies

(Affiliated to: GGSIP University, Approved by AICTE & Recognized by Bar Council of India)
Grade “A” Accredited by NAAC, Accredited by NBA for MCA, Recognized under Section 2(f) by UGC
ISO 9001 : 20015 Certified Institution

Academic Session: Feb – May 2023 Name of Program : BBALLB


Name of
Faculty Dr. Ankita Kumar Gupta Email Id of Faculty [email protected]
Total No of
Semester: 6th Paper Code: 302 Credits: 5 Lectures: 50

Course Name: Jurisprudence

No of hours allotted per week: 5


Objectives of the Course:
The students should get familiar with various approaches to law and legal processes. They should be able to appreciate dynamic
character of the law and legal systems particularly in the context of socio-political history of the society. Endeavour should be made
to develop among students critical thinking about the law, legal system and legal processes. The students should be in position to
appreciate how diverse approaches to law influence decision-making in judicial courts and relate jurisprudence with social and other
problems existing in the society by applying legal theory in legal problems.
Teaching pedagogy (Case Based Discussions/Problem Based Learning/Projects/Presentations/ Readings from books,
magazines, research papers etc.):
Problem based learning, Watching Documentaries, Lecturing method, Panel Discussions, Readings from books and Research articles,
Research papers, Projects, Presentations, Jurisprudential analysis of one contemporary problem/issues, Preparation of Biographies of
an Eminent Jurist, Watching the Movie Schindler’s List about how a Sovereign becomes above Law, Discussions and debates on
contemporary jurisprudential issues

Resources (Recommended Texts/Reference Books used, Recommended Resources):


Text Book :

1. Patrick John Fitzgerald (ed.), Salmond on Jurisprudence, Tripathi, 1985 (12th Edn)
2. Autar Krishen Koul, A Textbook of Jurisprudence, Satyam Law International (2014)
3. R W M Dias, Jurisprudence (5th Edition), Lexis Nexis, 2014
4. Priya Nath Sen, Tagore Law , Lectures, The Principles of Hindu Jurisprudence, Allahabad Law Agency
5. Abdur Rahim, Tagore Law Lectures, The Principles of Muhammadan Jurisprudence, Allahabad Law Agency.
6. John Austin, The Province of Jurisprudence Determined, Universal Law Publishing Co. Pvt. Ltd. 2008.
7. John Rawls, A Theory of Justice, Universal Law Publishing Co. Pvt. Ltd. (2013)
8. H.L.A Hart, The Concept of Law, Oxford University Press, 2nd Edition.

Reference Book:
1. LLOYD’S, Introduction To Jurisprudence, M.D.A. Freeman, 2008 (8th Edn)
2. Edgar Bodenheimer, Jurisprudence, Harvard University Press, 1974 (Revised Edn)
3. G.W. Paton, A Textbook of Jurisprudence, Oxford Press (Indian Edition), (4th Edn)
4. Roscoe Pound, “Property” in An Introduction to Legal Philosophy, New Haven, Oxford University Press, pp. 191-235 (1930).
5. Jonathan Wolff , Robert Nozick, Property, Justice, and the Minimal State, Stanford University Press, 1991
6. Granville Austin, Indian Constitution, The Cornerstone of a Nation, New Delhi, Oxford University Press, 2007
7. Amartya Sen, The Idea of Justice, Cambridge, Mass.: Belknap Press/Harvard University Press, 2009
8. Chandran Kukathas and Philip Pettit, Rawls: A Theory of Justice and its Critics, Cambridge : Polity Press, 1990

Recommended Readings:
1. Roscoe Pound, The Scope and Purpose of Sociological Jurisprudence. I. Schools of Jurists and Methods of Jurisprudence,
Harvard Law Review, Vol. 24, No. 8 (Jun., 1911), pp. 591-619.
The Scope and Purpose of Sociological Jurisprudence [Continued], Harvard Law Review, Vol. 25, No. 2 (Dec., 1911), pp. 140-
168
The Scope and Purpose of Sociological Jurisprudence. [Concluded.] III. Sociological Jurisprudence, Harvard Law Review,
Vol. 25, No. 6 (Apr., 1912), pp. 489-516.

2. Edwin W. Patterson, Hans Kelsen and His Pure Theory of Law , California Law Review Volume 40 | Issue 1, available at
https://doi.org/10.15779/Z386V2D
3. Hans Kelsen, The Pure Theory of Law and Analytical Jurisprudence, Harvard Law Review, Vol. 55, No. 1 (Nov., 1941), Pg.
44-70

Course Outcomes:
CO-1 Acquaint students with the content, meaning and nature of jurisprudence. Examine and understand the interlink-ages of various
branches of law.

CO-2. Analyze the meaning of the term law in the light of analytical positivism, historical approach, sociological approach, economic
and realist approach.

CO-3 Comprehend on the various legal concepts and their importance with the help illustrative cases.
CO-4 Develop the nexus between different theories relating to the concept of justice and Indian Legal system.
CO-5 Jurisprudential Analysis of various contemporary challenges
Assessment Method Course Outcome Achieved
Project CO1, CO2, CO3, CO4, CO5
Problem based Assignment/ Documentary based Assignment CO1, CO2, CO3, CO4, CO5
Presentations CO1, CO2, CO3, CO4, CO5
Panel Discussion CO1, CO2, CO3, CO4, CO5
Vivas CO1, CO2, CO3, CO4, CO5
Program Outcomes (PO) –
PO1- Develop enhanced clarity on evolution, significance and implications of legal concepts in substantive law, legal theory, and procedure.
PO2-Gain proficiency in the general approaches to the study of law and legal reasoning from a personal and social context
PO3- Think critically on legal issues and learn models of planning and decision-making for a range of situations, including those in which facts are
currently unknown and not subject to confident prediction, and in which options involve differing and uncertain degrees of risk.
PO4- Adopt a research aptitude to identify core issues and collect, analyze and interpret data.
PO5- Gain proficiency in drafting that displays deep understanding on the interaction of legal analysis with human behavior, including
interpersonal dynamics.
PO6- Hone their core communication and presentation skills as interviewing, counseling, mooting, debating, negotiating and mediating
PO7- Gain insights into the role of various institutions of law and experts in law and allied subjects.
PO8- Develop self-confidence and understand the demands, constraints, and methods of thinking in their role as lawyers
PO9- Understand the interdisciplinary nature of law and the contributions that other disciplines can make to the study of law.
PO10- Inculcate professional ethics and values and learn to collaborate effectively across diverse experiences, perspectives, and identities

Programme Specific Outcomes

After the program the students will be able to


PSO1- Accurately assess and understand a problem’s situation and objectives
PSO2- Develop a plan of action and also be attentive to the need to revise the plan of action, the allocation of responsibilities for its
implementation, and/or the timetable for its implementation.
PSO3- Plan a Factual Investigation critical scrutiny of the facts to assess: their accuracy and reliability; how they fit together; any inconsistencies
between the facts and the likely reasons for any such inconsistencies; the conclusions they support, and what courses of action are appropriate in
light of these conclusions
PSO4- Collaborate effectively to diagnose address and solve a problem
PSO5- Effectively express the legal issues through clear and articulate expression
PSO 6-Give advice on the options of litigation or alternative dispute resolution
PSO7- Apply business management theories and practices in the field of law as a profession and as a service organization
PSO8-Demonstrate a basic understanding of business fundamentals and be able to read and understand basic financial and project
documents and devise future strategies

Map the COs with POs from 1 to 3 where – 1 implies Low, 2 implies Medium and 3 implies High

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10
 Program level Outcomes 

CO 1 Acquaint students with the 3 2 1 1


content, meaning and nature of 1
jurisprudence. Examine and
understand the interlink-ages of 2 3 3 3 2
various branches of law.
Analyze the meaning of the term
law in the light of analytical
CO 2 positivism, historical approach,
sociological approach, economic
and realist approach.
various contemporary challenges 3 2 3 1 1 2 2 2 3 2

Comprehend on the various legal


concepts and their importance
CO 3 with the help illustrative cases.

3 2 2 1 1 2 2 2 2 1

Develop the nexus between


different theories relating to the
CO 4 concept of justice and Indian
Legal system.
3 2 2 2 2 3 2 2 2 2

Jurisprudential Analysis of various 3 2 2 2 3


CO 5
contemporary challenges 3 3 2 2 2

AVG 3 2.2 2 1.4 1.4 2.4 2.2 2.2 2.4 2

Map the COs with POs from 1 to 3 where – 1 implies Low, 2 implies Medium and 3 implies High
Program Specific Outcomes PSO1 PSO2 PSO3 PSO4 PSO5 PSO6 PSO7 PSO8
CO1 – Acquaint students with the content, meaning 3 2 2 3 3 2 1 1
and nature of jurisprudence. Examine and understand
the interlink-ages of various branches of law.

CO2 - Analyze the meaning of the term law in the light 3 2 2 3 3 2 1 1


of analytical positivism, historical approach,
sociological approach, economic and realist approach.
various contemporary challenges
CO3 – Comprehend on the various legal concepts and 3 2 2 3 3 2 1 1
their importance with the help illustrative cases.

CO4 – Develop the nexus between different theories 3 2 2 3 3 2 1 1


relating to the concept of justice and Indian Legal
system.

CO5 - Jurisprudential Analysis of various 3 2 2 3 3 2 1 1


contemporary challenges
Avg 3 2 2 3 3 2 1 1

Lesson Plan
Lecture Topic/ Contents Course Outcome to be Teaching Pedagogy Reading Material Remarks
No. Details with Achieved
subtopics

1 - 15 Unit : 1 CO1 – Acquaint students Lecture and Discussion • LLOYD’S, Introduction To


INTRODUCTION with the content, meaning Jurisprudence, M.D.A. Freeman,
Meaning, Content and nature of jurisprudence. 2008 (8th Edn)
and Nature of
Jurisprudence ( 3 Examine and understand
Lectures) the interlink-ages of various • R.W.M. Dias, Jurisprudence,
• What is branches of law. Aditya Prakashan, 1995 (5th Edn)
Jurisprudence
• The Relevance of • Patrick John Fitzgerald (ed.),
Jurisprudence Salmond on Jurisprudence, Tripathi,
• Philosophy of 1985 (12th Edn)
Law
• The Need for a
Comprehensive • Edgar Bodenheimer,
Jurisprudence Jurisprudence, Harvard University
Press, 1974 (Revised Edn)
Classical Schools
of Jurisprudence: • G.W. Paton, A Textbook of
Hindu and Islamic ( Jurisprudence, Oxford Press (Indian
3 Lectures) Edition), (4th Edn)
• Classical Hindu
approach
• Dharamshashtra –
Interpretation of
Punishment
• Administration of
Justice
• Criticism of
Manu’s Criminal
Justice
• Classical Islamic
approach
• Philosophy of the
Islamic concept of
punishment

Analytical
Positivism ( 4
Lectures)
• Classical English
Positivism:
Bentham and John
Austin
• Sovereignty and
its origin
• Law as a
Command
• Law and Morals
& Sanctions
• Hart’s concept of
law and Austin
 15-30 Unit : 2 CO-2 Analyze the meaning Lecture and Discussion LLOYD’S, Introduction To
SCHOOLS OF of the term law in the light Jurisprudence, M.D.A. Freeman,
JURISPRUDENCE 2008 (8th Edn)
Historical and of analytical positivism,
Anthropological historical approach,
Jurisprudence ( 4 sociological approach, • R.W.M. Dias, Jurisprudence,
Lectures) economic and realist Aditya Prakashan, 1995 (5th Edn)
• F.K. von Savigny
• The Volksgeist approach. • Patrick John Fitzgerald (ed.),
• Legislation and Salmond on Jurisprudence, Tripathi,
Customs 1985 (12th Edn)
• Sir Henry Maine
• Law and
Anthropology • Edgar Bodenheimer,
• Legal Pluralism Jurisprudence, Harvard University
Press, 1974 (Revised Edn)
Sociological
Jurisprudence & • G.W. Paton, A Textbook of
The Sociology of Jurisprudence, Oxford Press (Indian
Law ( 3 Lectures) Edition), (4th Edn)
• Introduction a.
• Ihering
• Roscoe Pound
• Social
Engineering:
Values and a
Consensus Model
of Society
• Sociological
Jurisprudence since
Pound

Economic and
Realist School of
Jurisprudence ( 3
Lectures)
• Economic
Theories of Law &
Jusitce
• Posner’s
Economic Analysis
of Law & Ronald
Dworkin
• American Realism
• Mr Justice
Holmes
• The Realist
Movement in Law
• Scientific and
Normative Laws
• Post Realism

31-40 Unit: 3  CO-3 Comprehend on the Lecturing and • Jonathan Wolff , Robert Nozick,
LEGAL various legal concepts and Discussion Property, Justice, and the Minimal
CONCEPTS • their Importance with the State, Stanford University Press,
Rights and Duties) ( help illustrative cases. 1991
2 Lectures)
• Hohfeld’s Scheme
of Jural Relations ( • Granville Austin, Indian
Constitution, The Cornerstone of a
Nation, New Delhi, Oxford
University Press, 2007

• R.W.M. Dias, Theories of the


2 Lectures) Nature of „Legal Person‟ in
• The concept of Jurisprudence, pp. 265- 270 (1994).
Legal Personality
( 2 Lectures)
• Natural Person & • Roscoe Pound, “Property” in An
Corporate Introduction to Legal Philosophy,
Personality ( 2 New Haven, Oxford University
Lectures) Press, pp. 191-235 (1930).
• The concept of
Property,
Possession and • P.J. Fitzgerald, Possession in
Ownership ( 2 Salmond on Jurisprudence, pp. 265-
Lectures) 295 (1966). 211
41-50 Unit – IV: CO-4 Develop the nexus Lecturing and • Amartya Sen, The Idea of Justice,
THEORIES AND between different theories Discussion Cambridge, Mass.: Belknap
CONCEPTS OF Press/Harvard University Press,
JUSTICE relating to the concept of 2009
(Lectures-10) justice and Indian Legal • Chandran Kukathas and Philip
system. Pettit, Rawls: A Theory of Justice
Concepts of and its Critics, Cambridge, Polity
Natural and Social CO-5 Jurisprudential Press, 1990
Justice Analysis of various
• John Rawls : A
Theory of Justice contemporary challenges.
( 3 Lectures)
• Lon L. Fuller: The
Case of the
Speluncean
Exploreres ( 2
Lectures)
• Nozick: Justice as
Entitlement (2
Lectures)
Amartya Sen: The
Idea of Justice ( 2
Lectures)

Remedial Classes for weak learners (RCW)/ Special Classes for strong learners (SCS)/ Doubt Classes for all
students (DC)

Session Target group Topic / Contents Course Outcome to be Teaching Pedagogy Reading Remarks
No. RCW/SCS/DC) Details with Achieved Material
subtopics
1 RCW According to All Varies according to
doubts Raised content and
and revision of suitability of
previous class students
content
2 SCS Utilizing the All Varies according to
strength of content and
strong learners suitability of
to improve their students
previous
semester result
and aspire them
to be rank
holders in
university
3 DC According to the All Varies according to
doubts of class content and
suitability of
students

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