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JURISPRUDENCE, LEGAL THEORY, Textual and Reference Books. Salmond s Jurisprudence Fitzerald, Elementary Jurisprudence Keeton. Jurisprudence Vols 1 to 5 Roscoe Pound, Jurisprudence Holland. Law in the making Allen, A Textbook of Jurisprudence Paton. Elements of Jurisprudence Dias, Msrlawbooks Juris Legal Theory PTO.
INTRODUCTION, Jurisprudence means knowledge of law Prudence knowledge. Juris law Of all the subjects studied by the students this presents itself. tobe a formidable one a difficult nut to crack, The reason is that it deals with the basic essential theoretical. background to the various legal conceptions like Law legal rights. possession contracts trusts negligence justice etc For a general reading. the subject may look to be arid and abstract, However a systematic and analytical study would create more. interest in the subject An attempt is made here to present the subject with. such an analysis and systematisation as would create confidence to the. student Although each has his own method of study it may be stated here. as a pointer that each reading must be simultaneously done with the. writing of the point s Then these points should be read re read and. The study and appreciation of this subject keeps the student at the. threshold of a store house of the knowledge of law. Understanding law is a life s ambition to jurists and experts but. yet they acknowledge that it has become difficult to fathom the deep ocean. of law Salmond Keeton Hart Roscoe Pound and others after specialising. Jurisprudence for over decades have opined that they have only. attempted to know the law, A study of this subject is a sine quo non to the student of law It is. an additional feather to his cap, Law is an ass so goes a saying the meaning is not that law has.
the qualities of a donkey but I think it means to understand law one. should work like an ass, Knowledge of law is a rich jewel to acquire and a priced virtue. to possess Serious attempt at the acquisition of such a treasure is not an. experience to be avoided but a privilege to be sought The path is. presumably difficult but is richly rewarding, 1 Jurisprudence Meaning Nature and Purpose analytical. Historical and Ethical Schools, 2 Nature of law Law Imperative law and Natural law theories. legal realism Hart s theory Constitutional law International law. definition of law function and purpose of law Questions of law and. Msrlawbooks Juris Legal Theory PTO, fact law and equity. 3 Administrative Origin necessity Theory of punishment of. justice kinds of punishment, 4 Sources of law 1 Legislation Nature supreme legislation.
Rules of Interpreation Mischief Rule Golden Rule etc. 2 Precedent Theory authoritative and persuasive precedents. stare decicis ratio decidendi, 3 Custom Meaning kind scope. 5 Legal rights Characteristics kinds of legal rights. 6 Ownership and possession, 1 Corporeal and Incorporeal ownership trust vested and. contingent interests, 2 Possession in fact and in law Animus possidendi Immediate. Mediate possession Relation between possession and ownership. possessor remedies, 7 Persons Meaning of personality legal person legal stauts. of dead persons Unborn person corporations, 8 T i t l e s Meaning vestitive facts agreements.
9 Liability Nature and kinds penal liability mens rea remedial. 10 Negligence Meaning advertence and inadvertence duty of care. Donoughue Vs Stevenson subjective and objective theories. Legal Theory, 11 Intention Meaning intention and motive malice Jus. necessitatis, 12 Strict liability Ryland Vs Fletcher Theory and extent of. strict liability, 13 Mistake of law and fact, 14 Vicarious Liability. 15 Property Meaning Kinds Movable and Immovable, property real and personal rights in re propria leases servitudes. Acquisition Modes occupation prescription inheritance. 16 Obligation Nature and meaning solidary obligations sourc. es Contractual tortuous quasi contractual and innominate obligaions. 17 Procedure Procedural and substantive law law of. QUESTIONS BANK, Msrlawbooks Juris Legal Theory PTO.
1 a What is jurisprudence Explain its function and purposes. b Explain the different schools of jurisprudence, Analytical Historical and Ethical schools. 2 a Discuss Austin s theory of law as the command of the Sover. eign Imperative law and bring out the defects of his theory. b Examine law as the dictate of reason Natural law theory. 3 a Examine Salmond s definition of law State the merits and. demerits of administrative of justice according to law. b Discuss legal realism Examine the life of law has not been logic. it has been experience, 4 a What are the various sources of law Assess the importance. of legislation, b Examine precedents as a source of law Distinguish. between authoritative and persuasive precedents, c State the advantages of legislation over precedents. d Explain what circumstances destroy or weaken the. precedents, e Discuss custom as a source of law, 5 a Explain the Theories of punishment.
b Discuss cure the criminal not kill him, 6 a What are the characteristics of legal right. b Explain the different kinds of legal rights, 7 Bring out the significance of legal personality Examine the. 1 Dead men 2 Unborn person, 3 Lower animals and 4 Corporations. 8 What are solidary obligations, Explain the different kinds and sources of solidary obligations. 9 What are the various modes of acquiring property Explain each. mode with illustrations, 10 What is ownership ownership is a bundle of rights Discuss.
Distinguish 1 Ownership from possession, 2 Vested from contingent ownership. 3 Trust ownership from beneficial ownership, 4 Legal from equitable ownership. 11 What is negligence, Explain the concept of Standard of care. Msrlawbooks Juris Legal Theory PTO, Explain the subjective and objective theories of negligence. 12 Write an essay on strict liability, 13 Discuss the conditions of penal liability.
Actus non facit reum nisi mens sitrea, 14 Write Short Notes on. 1 Servitude, 2 Rebuttable and irrebuttable presumptions. 3 Animus possidendi, 4 Jus necessitates, 5 Possessory remedies. 6 Vestitive facts, 7 Quasi contract obligations, 8 Acts and omission. 9 Mischief rule, 10 Ratio decidendi and obiter dictum.
11 Mistake of fact, 12 Mistake of law, 13 Innominate obligations. 14 Jura in re aliena and in repropria, 15 Imperative law. 16 Substantive and procedural law, 17 Stare decisis. 18 Constitutional law, 19 Supreme legislation, 20 International law. 21 Hart s concept of law as a system of rules, 22 Questions of law and questions of fact.
23 Substantive and Procedural law, 24 Possession in law or in fact. 25 Corporeal from incorporeal possession, 26 Prescription. 15 a Discuss the necessity of Administration of, Justice Distinguish between the administration of Civil from. Criminal Justice, b Explain the various forms of Civil Justice. 16 Distinguish supreme from subordinate legislation Discuss the. Msrlawbooks Juris Legal Theory PTO, various types of subordinate legislation.
17 a Distinguish, 1 Sole ownership from co ownership. 2 Real from personal property, b What are the secondary functions of courts. Chapters Pages, Ch L Jurisprudence, 1 Meaning 1, 3 Schools 2. Ch 2 Sources of Law, 1 Sources 4, 2 Legislation 4, 3 Precedent 6. 4 Circumstances Weakening Precedent 8, 5 Ratio decidendi 10.
6 Obiter Dicta 12, 7 Custom 12, Ch 3 Legal Rights, 1 Legal Rights Rights in wider sense 15. 2 Perfect Imperfect Rights 18, 3 Positive and Negative Rights 18. 4 Right in Rem 18, 5 Right in Repropria 19, Ch 4 Personality. 1 Natural Persons 20, 2 Legal Persons 20, 3 Dead Man 21. Legal Theory, 4 Unborn Person 22, Ch 5 Theories of Punishment.
1 Theories 23, i Deterrent 23, Msrlawbooks Juris Legal Theory PTO. ii Preventive 24, iii Retributive 24, iv Reformative 24. Ch 6 Penal Liability, 1 Liability 26, 2 Mens rea 26. Ch 7 Standard of Care, Negligence 28, Ch 8 Solidary Obligations. Obligations 30, Ch 9 Property, 1 Property 33, 2 Modes of Acquisition 33.
3 Ownership a bundle of rights 34, 4 Kinds of property 35. 5 Possession 36, 6 Possession Ownership distinguished 38. 7 Vested and Contingent ownership 38, 8 Real Personal property 39. 9 Legal equitable ownership 39, 10 Corporeal Incorporeal ownership 39. 11 Trust beneficial ownership 40, 12 Sole Co ownership 40.
Ch 10 Miscellaneous, 1 Jus Necessitatis 41, 2 Possessory Remedies 41. 3 Vestitive Facts 42, 4 Quasi Contracts 43, 5 Servitude 44. 6 Rebutable Presumption 44, 7 Animus Possidendi 45. 8 Mediate Immediate Possession 45, 9 Mischief Rule 46. 10 Constitutional Law 47, 11 International Law 48, Msrlawbooks Juris Legal Theory PTO.
Ch ll Nature of Law, 1 Functions Purposes of Law 49. 2 Questions of Law Questions of Fact 50, 3 Substantive and Procedural Law 52. 4 Administration of Justice 53, 5 Civil Criminal Justice 54. 6 Secondary functions of Courts 55, Ch ll Major Theories of Law. Major Theories 56, 1 Natural Theory 56, 2 Imperative Theory 58.
3 Salmond s Theory 60, 4 Hart s Theory 63, Ch 13 Legal Personality. 1 Legal Person 65, 2 Corporations 65, Ch 14 Subordinate Legislation. 1 Supreme Legislation 69, 2 Subordinate Legislation 69. JURISPRUDENCE MEANING VALUE, Ch 1 1 Jurisprudence Meaning. Jurisprudence is derived from the Latin terms Juris meaning. legal and prudentia meaning knowledge It is that science which deals. with the Knowledge of law, It is defined as a study of the fundamental legal principles including.
their philosophical historical and sociological bases and an analysis of. legal concepts, Msrlawbooks Juris Legal Theory PTO. It is a type of investigation into the essential principles of law and the. legal systems Salmond It is the science of the first principles of civil. law The legal concepts like contracts torts or criminal law consist of a. set of rules It has no such legal authority and further it has no practical. application The jurists have a free approach in their investigations. Further the method of enquiry in jurisprudence is different from other. legal subjects, The questions answered are What is law. What it is for a rule to be legal rule What distinguishes law from. morality etiquette etc, The main fields of investigation are the following. i The nature of law its sources Administrative of Justice. statutory interpretation etc, ii An analysis of, a The legal concepts of right and of its kinds and. b Concepts like intention negligence ownership, possession persons liability obligations Substantive and.
procedural laws etc, Ch 1 2 Value of Jurisprudence. Jurisprudence does not contain a sets of rules as in contracts or torts. and also has no practical application However it has its own values. unique and distinctive, i The subject has its own intrinsic interest. ii Its researches have influenced other subjects in the field of. political medical and social thinking, iii It is educative as it sharpens the lawyers own techniques. iv Its method and explanations help resolve the complexities of. law Thus theory helps law to solve problems and, v Professional lawyers may get a glean into the sociology of law. i e the realities of time and make them look forward with a orientation. Ch 1 3 Schools, There are three main schools of jurisprudence They are 1 Analytical.
2 Historical 3 Ethical Schools, 1 Analytical School. Also called English School It aims at a systematic legal exposition. of the various principles The approach is dogmatic The founder of. this school is Austin The school aims at analyzing the contents of the. Msrlawbooks Juris Legal Theory PTO, various legal notions past or present. Main topics dealt with are, i Analysis of the concept of civil law. ii Analysis of the relationship between systems of law. iii Analysis of sovereignty administration of justice theory of. legislation precedents customs, iv An analysis of the concepts of property possession. ownership contracts trusts obligations etc, 2 Historical School.
The founder of this school is Savigny It is also called continental. school It aims at examining the general or philosophical part of the legal. theory The approach is historical, The purpose is to examine the historical evolution or the processes. which ultimately lead to legal system In other words it examines what it. is from what is was It deals with the origin and development of those. fundamental principles and conceptions so essential in the philosophy of. law These are the same as those dealt with in the analytical school but the. approach is Historical, The influence of social conditions on legal conceptions is. emphsised It examines now these concepts evolved through. generations, 3 Ethical School, It deals with the general or philosophical part of the science of. legislation, The purpose is to set forth the law not as it is or has been but as it. ought to be It does not deal with the present but deals with the ideals for. the future, The theory of Justice in relation to law is the concept of this ethical.
school Emphasising the ethical or moral significance of various topics. Jurisprudence means knowledge of law Prudence knowledge Juris law Of all the subjects studied by the students this presents itself tobe a formidable one a difficult nut to crack The reason is that it deals with the basic essential theoretical background to the various legal conceptions like Law legal rights possession contracts trusts negligence justice etc For a general

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