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Ec Appendix 6

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Ec Appendix 6

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Abhijeet Jha
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EC (1270) - 27.07.

2024 Appendix-6
Resolution No. 5-1

Minutes of the Meeting

A meeting of ‘Committee of Courses’ was conducted online, with the Meeting link;

meet.google.com/okc-revv-rao, on 24th June 2024 at 2.00 to discuss the revision of law


Courses.

Agenda of the Meeting was –

1. Passing Revised Syllabus of Jurisprudence -I (LB-101) and Jurisprudence -II (LB-604).


2. Making Jurisprudence-II and Interpretation of Statue and Legislative Drafting as
compulsory papers.
3. Syllabus of Five year integrated law course for BA LL.B. (Hons.) and BBA LL.B. (Hons.)
for III, IV, V and VIth Semesters.
4. Approval of Incorporation of amended criminal law in the syllabus of respective
subjects in respective semesters.
5. Adding Aviation and Space Law as a new Paper.

Following Members were invited in the meeting-

1. Prof. Anju Vali Tikoo, Head & Dean, Faculty of Law, D.U./Professor-in-Charge Law
Centre-I
2. Prof. Alka Chawla, Professor-in-Charge, Campus Law Centre, D.U.
3. Prof. Anupam Jha , Professor-in-Charge Law Centre-I, D.U.
4. Prof. L Pushpa Kumar, Director, Five-Year Integrated Law Course
5. Prof.Raman Mittal
6. Prof. Sarbjit Kaur
7. Prof. Manju Arora
8. Prof.Kiran Gupta
9. Prof.Pinki Sharma
10. Prof. Gunjan Gupta
11. Prof. Alok Sharma
12. Dr. Shabnam Mahlawat
13. Dr. Kshitij K. Singh
14. Dr.Seema Singh

Out of 14 except Dr.Shabnam Mahlawat and Dr.Kshitij K.Singh rest of the 14 invitees were
present. Abovementioned both could not attend the meeting due to their personal reasons.

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EC (1270) - 27.07.2024

All the members unanimously approved the following -

1. Revised Syllabus of Jurisprudence -I (LB-101).


2. Revised Syllabus of Jurisprudence –II (LB-604).
3. Syllabus of Five year integrated law course for BA LL.B. (Hons.) and BBA LL.B.
(Hons.) for III, IV, V and VIth Semesters.
4. Interpretation of Statute and Legislative Drafting has been inducted as a
compulsory Paper in IV th Semester as paper no LB-404.
5. Jurisprudence-II has been inducted as a compulsory paper in Sixth (6th) Semester
as paper no. LB-604.
6. Aviation and Space Law has been inducted as an optional paper in VIth
Semester as paper no.6031.
7. Incorporation of amended criminal laws (Bhartiya Dand Samhita 2023, Bhartiya
Nyaya Samhita 2023 and Bhartiya Nyaya Suraksh Samhita2023) in the syllabus of
respective subjects in respective semesters has been approved.

8. As per the decision of Committee of Courses the course curriculum for LL.B.
three years has been amended as follows-

(i) LL.B. Ist Semester- No Change


(ii) LL.B. IInd Semester- No Change

(iii) LL.B. IIIrd Sememster- Changes

(a) Compulsory papers- No Changes


(b) Optional Paper LB-3033 – CRIMINAL LAW III ( SOCIO ECONOMIC OFFENCES)
(Name Change)

(iv) LL.B. IV th Semester


(a) Compulsory Paper-
LB 404 – INTERPRETATION OF STATUTES AND LEGISLATIVE DRAFTING (added)
(b) Optional

LB 4034- HUMANATARIAN AND REFUGEE LAW (Renumbered)

LB-4035- IPR-I (Renumbered)

(v) LLB VTH SEM-


(a) Compulsory Paper-
LB504- PRINCIPLES OF TAXATION LAW (ADDED)
(b) Optional

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EC (1270) - 27.07.2024

LB5032- IPR-II (Renumbered)

(vi) LLB VI TH TERM


(a) Compulsory Paper
LB 604- JURISPRUDENCE –II (Added)
(b) Optional Paper
LB-6031- AVIATION AND SPACE LAW (Added)

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EC (1270) - 27.07.2024

CourseName:Jurisprudence-I(LegalMethod) Course
Code: LB-101
Course Objectives:

• To give an overview to the students about law and legal systems prevalent in the
world and India in particular, so that they could understand the jurisprudence of all
subjects taught to them over a span of three years.
• To learn the jurisprudential basis of various concepts which are continuously
being dealt with in law.
• To sensitize the students to adopt a pragmatic approach in studying all the subjects
in the six semesters by teaching them how to read cases and ways to club theory
with practice. It is a subject which forms the foundation of the law degree.
• To make the students trace the origin and evolution of law and to understand
major legal systems of the world.
• To familiarize the students with linkage of law with other social science.
• To familiarize the students with the growth of legal profession in India and the
laws governing the profession.

Learning Outcomes

• Students will be acquainted with the basic ideas and fundamental principles of
Law.
• Knowledge of Law and Legal precepts will acquaint the students and will help to
develop their skill.
• Students will be able to identify socio-legal issues and challenges and would be
able to provide solution within the parameters of the law, justice and other social
norms.
• It will provide a holistic approach to study law and legal systems.

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EC (1270) - 27.07.2024

Course Content:

Unit- 1 -Jurisprudence with Bhartiya and Western perspective

a. Origin and nature of Jurisprudence


b. Need and Scope of Jurisprudence
c. Legal System in ancient India and its comparison with other major legal
systems of the world.

Suggestive Readings
• Ludwik Sternbach – Juridical Studies in Ancient Indian Law (2 Vols.), Motilal
Banarsidass, Delhi, 1965.
https://archive.org/details/juridicalstudiesinancientindianlawludwiksternbachpart1_2
02003_655_a/page/n27/mode/2up?view=theater
• Tiwari,K.N.&KrishnaKumari–Ancient Indian Law(3Vols.),Prashant
PublishingHouse,Delhi,2009
• M. Rama Jois – Ancient Indian Law, Universal Law Publishing Pvt. Ltd., 2002,
Reprinted 2015.
• M. Rama Jois – Legal and Constitutional History of India (Ancient Indian
Judicial andConstitutionalSystem), Universal LawPublishingPvt. Ltd., 2016.
• Ancient Indian Law by Justice D.P.Singh, Published by Kitabwale2022.
• N.R.MadhavaMenon,OurLegalSystem.
• Rene David& J.E.C. Brierley,MajorLegalSystemsinthe WorldToday 17-31, 484-
515 3rd ed. 1985.
• Reflections on Ancient Indian Jurisprudence in the current social and judicial set up by
Anupama Goel and Seema Singh, Published by Mohan Law, 2021.

Unit -2 - Structure of Indian Legal System

a. Basic Principles of Law , Rule of Law and Separation of powers


b. Customary dispute resolution mechanism in Bharat- Continuity and
sustainability
c. Legal Services, Legal Profession and Advocate’s Act

d. Hierarchy Of Courts And Jurisdiction

Suggested Readings

• "A. V. Dicey: Law of the Constitution". 1889. Retrieved 12 April 2011.


• कौ�टल्य -Theories of Punishment) KautilyaArthshastra – Editor Rajsehwar Shastri
Dravid, SSU Varansi)
• The Tradition And Significance Of Mediation In India Section A-Research Paper, Eur. Chem.
Bull. 2023, 12(Special Issue 10), 802 –808 802, THE TRADITION AND SIGNIFICANCE
OF MEDIATION IN INDIA by Anindita Sarkar (Dutta)& Prof. (Dr.) Ishita Chatterjee.

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EC (1270) - 27.07.2024

• Open Access Journal available at www.jlsr.thelawbrigade.com, JOURNAL OF LEGAL


STUDIES AND RESEARCH [VOL. 2 ISSUE 5] ISSN 2455-2437 ,DISPUTE
RESOLUTION IN RURAL INDIA: AN OVERVIEW, Written by Dr. Laju P. Thomas Hsst,
St Mary's Hss, Thiruvananthapuram.
• Advocates Act & Professional Ethics: Law Relating to the Legal Profession in India, by
Nirmalendu Dutt-Majumdar, Eastern Law House, 1975
• Jurisprudence and Legal Theories by V.D.Mahajan, 2001, Published by Eastern Book
Company.
• Studies in Jurisprudence and Legal Theory By N. V. Paranjape, 2016, publishd by Central
Law Agency

Unit 3 -Sources Of Law


a. Morality
b. Custom
c. Legislation
d. Precedent

Suggested Readings
• Law and Morality-Readings in Legal Philosophy, Arthur Ripstein, David
Dyzenhaus, Sophia Reibetanz Moreau, University of Toronto Press ,June 2007.
• Custom, Law and the British Empire in Northeast India: Select reading from the
colonial archive by Nandini Bhattacharya
• Morality in Law , By Justice D.P.Singh, Eastern Book Company,2012.
• Jurisprudence and Legal Theories by V.D.Mahajan, , Published by Eastern Book
Company, 2001.
• Studies in Jurisprudence and Legal Theory By N. V. Paranjape, 2016, published by
Central Law Agency.

Unit 4 –Concept of Natural law

a. Bhartiya Perspective-Ritam &Dharma


b. Western Perspective- Thomas Acquinas ,Auguste Comte

Suggested Readings

• Kane,PandurangVaman–HistoryoftheDharma
śāstra,BhandarkaraOrientalResearchInstitute, Poona,1973,Vol.3,p.2
• Law and Spirituality-Reconnecting the Bond by Raman Mittal and Seema Singh,
Published by Kitabwale, 2024.
• On Being and Essence by Saint Thomas Aquinas, Published by Hackett
Publishing Co, 2012
• The Positive Philosophy of Auguste Comte,by Auguste Comte, Vol.2 Cambridge
University Press,2009

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EC (1270) - 27.07.2024

Unit 5- Analytical Positivism


• Kautilya's concept of State and Law
• Austin’s Concept of Law
• H.L.Hart’s Concept of Law

Suggested Readings
• Kautilya: The Arthashastra published by Penguin Classics (1992)

• Management Guru Chanakya - Statecraft and his policies by Prof. Shrikant Prasoon,
V&S publisher Delhi (2017)
• The Province of Jurisprudence Determined by John Austin, Published by Legare
Street Press.
• The Concept of Law by H. L. A. Hart, Clarden Law Series,1961

Unit 6-Historical And Sociological School Of Thought


• Kautilya’s Arthshastra with special reference to Social Justice
• Karl Von Savigny’s Volksgeist Theory
• Roscoe Pound’s Theory of Social Engineering

Suggested Readings
• Jose Varghese, KautilyaArthashastra; A Lawyer’s Point of view (2021)
• The Arthashastra (L.N. Rangrajan as well as Samashastri)
• System of the Modern Roman Law by Friedrich Karl von Savigny, Published by Hard
Press,2019.
• AN INTRODUCTION TO THE PHILOSOPHY OF LAW BY ROSCOE POUND,
MPP House Press

Unit-7-Jurisprudence in Bhartiya Scriptures

• The Ancient concept of ‘Dharma’


• The Shrutis
• The Smritis

Suggested Readings

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EC (1270) - 27.07.2024

• Kane,Pandurang Vaman–History of Dharmasastra(5Vols.),Bhandarkar


OrientalResearchInstitute,Pune,1930-1962,
https://archive.org/details/in.ernet.dli.2015.37698/page/n811/mode/1up

• Ganesh,S. –VedicConceptofDharma,Purvamimamsa,Vol12,September2021.

• Vada in Theory and by Radhavallabh Tripathi The Secretary Indian Institute of


Advanced Study Rashtrapati Nivas, Summerhill, Shimla

• Smritichandrika by Devana Bhatta, translated by T.Kristnasawmi Iyer, Published by


Law Book Seller and Publisher,1933

IMPORTANTNOTE:

1. The topics, cases and suggested readings given above are not
exhaustive. The Committee of teachers teaching the Course
shall be at liberty to revise the topics/case/suggested readings.

2. Students are required to study/refer to the legislations as


amended from time to time, and consult the latest editions of
books.

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EC (1270) - 27.07.2024

Course Wise Content Details for LL.B. Programme:


Semester-V
Course Name-Jurisprudence-II
CourseCode-LB-604
Total Classes-40

Credits-2 Target Group: Students of Law, Political Science, History,Sociology Course Objectives

This Course aims to introduce to students with the jurisprudential analysis of certain concepts
in the field of Law. These concepts are basic and essential for the study of Law. By learning
the Jurisprudential Analysis of basic concepts, the students shall gain the expertise in
analysing other concepts also used in the field of Law. Students will also learn how to use this
expertise in filing and contesting the cases on strong grounds before the Courts of Law in
India as well as in other countries. The philosophical understanding of the concepts will give
them fundamental clarity in different arenas of law.
Course Leaming Outcomes:

After successful completion of this Course, students should be able to:


1. Have in depth knowledge of basic concepts in jurisprudence and to develop a critical
approach in the field of law.
2. Identify the strengths and limitations of different theories and models in explaining the
basics of Law and to develop the capacity to engage in lifelong learning.
3. Apply their knowledge, skills and creativity to get the solution of contemporary legal
problems.
4. Differentiate properly among various concepts and use them appropriately wherever
required.

Contents: Part A + Part B

PART –A
Legal concepts

Unit -1

• Concept of “Dharma”& “Purushaarth”


• Rights & Duties

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EC (1270) - 27.07.2024

Suggested Readings

• R.W.M.Dias,-JuralRelationsll,Jurisprudence,pp.23-43(1994).
• Upendra Baxi, "Laches and the Rights to constitutional Remedies:
Quis Custodiet Jpsos Custodes?", Alice Jacob (ed.), Constitutional Developments since
Independence (1975).
• Bhiku Parekh, "The Modern Conception of Right and Marxist Critique" in
Upendra Baxi (ed.), The Right to be Human, pp. 1-22 (1987).
• Ganesh,S. –VedicConceptofDharma,Purvamimamsa,Vol12,September2021.
• Hohfeld's Contributionsto the Science of Law Walter Wheeler Cook (ed.), Fundamental Legal
Conceptions as Applied in Judicial Reasoning and Other Legal Essays by Wesley Newcomb
Hohfeld, pp. 1-15 and pp. 27-73 (1919).

Unit 2

Person and Personality

Suggested Readings

• JoelFeinberg,"TheRightsofAnimalsandUnbornGenerations"inPhilosophy&
EnvironmentalCrisis by William T. Blackstone (ed.), pp. 43-68 (1974).
• R.W.M.Dias, Theories of the Nature of "LegalPerson"in Jurisprudence, pp.
265- 270 (1994).
• Adolf A. Berle and Gardiner Means, "The Evolution of Modem Corporate
Structure", Chapter I of Book II, Regrouping of Rights: Relative Legal Position of
Ownership and Control of The Modem Corporation and Private Property (1932).
Cases:
1. ShiromaniGurudwaraPrabandhak Committee,Amritsarvs.ShriSomNathDass &Ors.,
2000,
2. The State Trading Corporation of India Ltd. &Ors. vs. The Commercial Tax
Officer,Visakhapatnam&Ors,AIR 1963 SC 1811; 1964 SCR (4) 89.
3. KantaMohanlalKotechavs.BranchManager,UnitedIndiaInsuranceCompany
Limited,2006lndlawSCMAH5.
4. DivisionalController,B.T.S.Division,KarnatakaStateRoadTransportCorporationvs.
VidyaShinde,2005ACJ69.
5. Bhawaribaivs.NewIndiaAssurance Co.Ltd.,2006ACJ2085.
Manikuttan vs. M.N. Baby, 2009 ACJ 1497.

Unit 3

Possession and Ownership

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EC (1270) - 27.07.2024

Suggested Readings

• Law of Possession & Ownership of Property by Arindam Mitra , published by Sodhi Publication,2024.

• Property Law: Rules, Policies, and Practices, by Joseph William Singer, published by Wolter Kluwer,

2017.

• THE CONSTITUTIONAL MANDATE FOR SOCIAL WELFARE – SYSTEMIC DIFFERENCES


AND LINKS BETWEEN PROPERTY, LAND RIGHTS AND HOUSING RIGHTS byAJ van der
Walt &S Viljoen ,available at; https://scielo.org.za/pdf/pelj/v18n4/10.pdf

Unit 4

(a) Property in Dayabhaga


(b) Property in Prakranam of Mitakshara

Suggested Readings
• Vijnaneshwara produced commentary on Yajnavalkyasmriti known as Mitakshara.
• Jimuavahana produced commentary on Naradasmriti, known as Dayabhaga.
• Concepts of Justice & Constitution Imperatives (या�वल्क्यस्म�ृ त- Discovery of truth.)

PART-B
Legal Theories

Unit -5 Theories of Justice


• Kautilya
• Rawls
• Fuller
• Nozick
• Amartya Sen

Suggested Readings
• The Arthashastra by L.N. Rangrajan and Samashastri
• Kautilya -Theories of Punishment, KautilyaArthshastra – Editor Rajsehwar Shastri Dravid,
SSU Varansi.
• A Theory of Justice: by John RAWLS, Harvard University Press,2009.
11
• Criminal Justice: Mainstream and Crosscurrents, by John Randolph Fuller, Oxord
EC (1270) - 27.07.2024

Publication.2013.
• Nozick’s Libertarian Theory of Justice Peter Vallentyne, University of Missouri, in Anarchy,
State, and Utopia—A Reappraisal, edited by Ralf Bader and John Meadowcroft (Cambridge
University Press: 2011), pp. 145-67.
available at https://klinechair.missouri.edu/docs/nozicks_theory_of_justice.pdf
• Robert Nozick: Property, Justice, and the Minimal State, by Jonathan Wolff,
Stanford University Press,1991.

Unit-6 Theories of Reality

(a) Concept of Reality, Knowledge, Cognition and Recognition

(b) Dogmatism and Criticism,

(c) Experience, Truth, Introspection and Illusion

(d) Argument and Judgement.

Meaning &Interpretation of:

• Satyameva jayate– Truth alone Triumphs– Motto of Bhara tin the context of
para(pra)&apara(Apra)vidya (Mundakopanisad)

• Yato dharmah tato jayah -Where there is dharma there will be victory– Motto of Supreme
Courtin context of Srimad bhagvad gita.

• Dharma cakra pravartanaya – Setting the wheel of dharma (Law)– Motto of Parliament
House in the context of Mahabharata and Buddhism.

• Ashryahsarva-dharmanam-sasvadanviksikismrta - Jurisprudence(Logic) is the resource of


all actions and the shelter of all virtuesin the context of Kautilya Arthasastra.

• Satyamsivam Sundaram- The Truth, the Auspicious and the Beautiful – Motto of
Television in the context of Indian Culture.

Logical Fallacies – Fallacy against Reality, Fallacy of Contrary Reason, Fallacy of Uncertain Reason,
Concept of Dialectics.

Suggested Readings

• Stcherbatsky, Theodore. – Buddhist Logic (in two vols.), Dover Publications Inc., New York. 20955-
5, 20956-3

• Vidyabhusana, S.C. – A History of Indian Logic, Motilal Banarsidass, Delhi, 1978

• Nyayabindu of Dharmakirti, ed. By Chandrashekhar Shastri, Chaukhambha Sanskrit Series, 1954.


https://archive.org/details/NyayaBinduOfDharmakirtiWithDharmottaraCommentaryChandraShekharSh
astri/page/n1/mode/2up

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EC (1270) - 27.07.2024

Unit-7
• Tarkavidyā (Reasoning) or “hetuśāstra” or “hetuvidyā” or “Vada Vidya”
• Nyāyaśāstra (Jurisprudence of Logic)
• Mimasa
• Ānvīkşikī (Science of Inquiry)

Suggested Readings

• An Introduction to Indian Philosophy by Satish Chandra Chatterjee and Dhirendra Mohan Dutta.
• Mimansadarshanam (Shaabarbhashysahitam) byJaimini, published by Chaukhamba Publications,
Varanasi.
• Tarkbhasha by Keshav Mishra (commentary by Gajanan Shastri musalgaonkar) published by
Chaukhamba Publications, Varanasi.

• Nyaydarshanam (Vatsyayan bhashyasahitam) by Maharshi Gautam published by Chaukhamba


Publications, Varanasi.
• Nyay sidhant muktawali by Vishwanath Panchanan Bhattacharya (commentary by Gajanan
Shastri musalgaonkar) published by Chaukhamba Publications, Varanasi.
• Mimansa Rules of Interpretation by Just. Markandey Katju (K.L Sarkar's, Tagore Memorial
Lectures, 2nd Ed. Modern Law Publications.
• Translations of the Nyaya Sutra in Indian thought – Dr. Ganga Nath Jha.
• *Inside Chanakya's Mind: Aanvikshiki and the Art of Thinking, by Radhakrishnan Pillai, Published by
Penguin Random House.

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