Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.

Sakkarnaikar

Gujarat National Law

University
Gandhinagar, Gujarat (India)

Course Outline

of

Jurisprudence

For

BA/BCom/BSc/BBA/BSW, LLB

Semester: II

Session: January-June -2023

Faculty:
Dr. Fakkiresh S. Sakkarnaikar
Assistant Professor of Law
Gujarat National Law University
Email: fsakkarnaikar@gnlu.ac.in
Mob: 8128650849

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar
Srl. No. Contents Page No.

1.0 Objectives of the course 02

2.0 Proposed teaching schedule 04

3.0 Detailed course-outline 05

4.0 Prescribed/Recommended readings 09

5.0 Teaching methodology 11

6.0 Evaluation pattern 11

Tentative dates for test/submission of project/GD,

7.0 11
etc

8.0 Important instructions to students 11

9.0 Contact hours 12

1.0 Objectives of the Course

Jurisprudence is designed to facilitate students thinking about the law rather than
learning detailed analysis of the legislation/legislations and cases consigned to a
particular area of law. It will require the student to critically consider the nature of
law, its role in society, and various perspectives and critiques on law. In essence,
the study of jurisprudence is a study of the philosophy of law. A student can expect
to be confronted with new and at times difficult approaches that challenge his/her
thinking and assumptions about law. In encountering these situations students will
be required to do the additional work to master the approaches and deal effectively
with the material being presented.

It is not sufficient for advocates and students to fathom what law is today, but
he/she shall also study how people thought about law in the past.
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar

Jurisprudence reveals the manner in which people in different countries at different

times have speculated about some of the problems concerning law. Speculations
about law by past and present thinkers should be a part of intellectual culture. Even
where legal theories are open to criticism, they posses value and later theories can
be better understood in the light of them.

This course provides an introduction and elaboration of contemporary theories of

law and an overview of the institutions and processes of law in different societies.
It examines legal thought like naturalism, positivism, realism, law and economics
and critical legal studies. In addition the course investigates and juxtaposes major
Western and non-Western theories of law, their dynamics and influence in the
overall development of legal philosophy. This critical and analytical investigation
and evaluation is done against the broad landscape of arguments about the
operation of law in society.

It stands between philosophy and political theory. It derives its intellectual

categories from philosophy and ideas of justice from political theory. Its
contribution lies in formulating political ideas in terms of legal principles.

It reflects the struggle of law between tradition and progress, stability and change,
certainty and flexibility. Legal theories and lawyers are inclined to put more
emphasis on stability than change.

It assumes one of three attitudes. Either it subordinates the individual to the

community, or it subordinates the community to the individual or it attempts to
blend the two.

Course Learning Outcomes from the Students:

1. They shall familiarise themselves with key thinkers and their main types of
descriptive, justificatory and critical argumentation about law and legal systems.

2. They shall develop ability to engage in reflective and critical thinking and
discussion about the law.

3. They shall appreciate the theoretical background of legal decisions and

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar
contemporary legal issues

2.0 Proposed Teaching Schedule

No. of Sessions
Module No. Modules
(Classes)
II. 3. 1 Nature and Scope of Jurisprudence 05
II. 3. 2 Administration of Justice 05
II. 3. 3 Law as a Dictate of Reason-Natural Law 09
Theory (Law and Morality)
II. 3. 4 Analytical Positivism/Legal 08
Positivism/Logical Positivism-Positive Law
Theory
II. 3. 5 Historical and Anthropological Jurisprudence 05
II. 3. 6 Law and Social Theory- Sociological Theory 05
of Law
II. 3. 7 Legal Realism/Realistic Theory of Law 05
II. 3. 8 Feminist and Critical Race Theory 03
II. 3. 9 Legal Concepts 10

Total = 55

3.0 Detailed Course Outline

Jurisprudence

Module- II. 3. 1 Nature and Scope of Jurisprudence Session: 05

 What is Jurisprudence?
 Difference between Jurisprudence and Legal Theory
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar
 What is Philosophy?
 What are Law and Legal System?
 Why obey the Law?
 The relation of Justice to Law, Morality and Ethics
 Is International Law a Vanishing Point of Jurisprudence?
 Indian Thinkers

Module- II. 3. 2 Administration of Justice Sessions: 05

 Necessity of Administration of Justice

 Significance of Public Opinion and Coercive Measures
 The Criminal Administration of Justice
 The Purpose of Criminal Justice:
Punishment
 Theories of Punishment
 Indian View Point on Theories of Punishment
 Civil Administration of Justice
 Primary and Sanctioning Rights
 Secondary Functions of the Court of Law
 Indian Present Position

Module- II. 3. 3 Law as Dictate of Reason-Natural Law Theory Sessions: 09

 Classical Natural Law Theory

 Harclitus
 Socrates
 Plato
 Aristotle
 Cicero
 Stoics
 Natural Law in the Middle Ages
 Thomas Aquinas
 Grotius
 Natural Law and Social Contract
 Hobes
 Locke
 Rousseau
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar
 Kant
 Decline of Natural Law Theory
 Natural Law Ideas in English Law
 Natural Law Ideas in American System
 Revival of Natural Law Theory (Indian and Western thinkers)
 Natural Law and the Indian Supreme Court’s recent judgments

Cases
 Maneka Gndhi v Union of India AIR 1978 SC 597
 Mohinder Singh Gill v Chief Election Commissioner AIR 1978 SC 851
 Olga Tellis v Bombay Muncipal Corporation AIR 1986 SC 180
 Democratic Rights v Union of India AIR 1982 SC 1473
 Vellore Citizen v Welfare Forum of India (1996) 5 SCC 650
 M.C. Mehta v Union of India AIR 1987 SC 1086

Module- II. 3. 4 Legal/Analytical/Logical Positivism Sessions: 08

 What is Positivism?
 Jeremy Bentham-Luther of Jurisprudence
 In Search of Determinacy
 Judge and Company
 Codification
 John Austin-Naive Empiricist?
 Imperatives
 Laws Properly so called
 Laws Improperly so called
 Law and Power
 Commands
 Sovereign
 Sanctions
 HLA Hart
 Law as System of Rules
 Social Rules
 Secondary Rules
 The Rule of Recognition
 The Existence of Legal System
 The “Internal Point of View”
 The Judicial Function
 Hans Kelsen
 Unadulterated Law
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar
 A Hierarchy of Norms
 The Grundnorm
 Validity, Efficacy and Revolution
 Democracy and the Rule of Law
 Joseph Raz
 Practical Reason
 Committed and detached Statements
 Assault on Positivism
 Legal Positivism and Supreme Court’s recent judgments

Module- II. 3. 5 Historical and Anthropological Jurisprudence Sessions: 05

 Historical School
 FKV Savigny
 Sir Henry Maine
 The Evolution of Law
 Fictions
 Movement from Status to Contract
 Critique
 Anthropological Jurisprudence

Module- II. 3. 6 Law and Social Theory-Sociological Theory of Law Sessions: 05

 What is a Social Perspective?

 Roscoe Pound
 What is an Interest?
 Kinds of Interest
 Jural Postulates
 Critique
 Emile Durkheim
 Max Weber
 Karl Marx

Module- II. 3. 7 Legal Realism/Realistic Theory of Law Sessions: 05

 What is Legal Realism?

 American Realists
 Oliver Wendell Holmes Jr
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar
 Karl Llewellyn
 Jerome Frank
 The American Realist Method
 Scandinavian Realists
 Alf Ross
 Hgerstorm
 Lundsted V.
 Karl Olivecrona
 Realism and Psychology

Module- II. 3. 8 Feminist and Critical Race Theory Sessions: 03

 Origins of Feminism
 Legal Feminisms
 Liberal Feminism
 Radical Feminism
 Postmodern Feminism
 Difference Feminism
 Other Feminisms
 Critical Race Theory
 CRT and Feminist Theory
 CRT and Postmodernism

Module- II. 3. 9 Legal Concepts Sessions: 10

 Legal Rights
 Wrong
 Duty
 Right
 Characteristics of Legal Rights
 Legal Rights in Wider Sense
 Kinds of Legal Rights
 Ownership
 The Idea of Ownership
 Subject of Ownership
 Kinds of Ownership
 Possession
 What is Possession?
 Possession in Fact
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar
 Possession in Law
 Acquisition of Possession
 Possessory Remedies
 Possession and Ownership
 Persons
 The Nature of Personality
 Legal Persons
 Status of a dead man
 Status of Lower Animals
 Status of Unborn Person

4.0 Prescribed/Recommended Readings

Prescribed Readings

1. Wacks Raymond, Understanding Jurisprudence, (Oxford University

Press 2020)
2. Dias, Jurisprudence (LxisNexis 2013)
3. Fitzgerald P. J, Salmond on Jurisprudence, (Universal Law Publishing
Co. Pvt Ltd 2004)
4. Freeman MDA, (ed), Lloyd’s Introduction to the Jurisprudence (Sweet
and Maxwell 1994)
5. Dhyani SN, Jurisprudence: A Study of Indian Legal Theory
(Metropolitan 1985)
6 Mahajan VD, Jurisprudence and Legal Theory, (Eastern Book Company
2003)

7. Curzon LB, Jurisprudence (Cavendish Publishing Limited 1995)

Recommended Readings

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar

1. Brian Bix, Jurisprudence: Theory and Context (Sweet and Maxwell

2014)

2. Ratanpala Suri, Jurisprudence (Cambridge 2011)

3. Paton GWA, Text Book of Jurisprudence ( Oxford University Press

2004)

4. Subbarao GCV, Jurisprudence and Legal Theory (Eastern Book

Company 2001)

5. Sethna MJ, Jurisprudence (Lakhni Book Deopt Bombay 1973)

6. Friedmann W, Legal Theory (Universal Law Publishing Co.pvt ltd

2003)

7. Upendra Baxi, The Indian Supreme Court and Politics (Eastern Book
Company 2002)

8. Bodenheimer Edgar, Jurisprudence The Philosophy and Method of

Law
(Universal Law Publishing Co.pvt ltd 1996)

9. Hart HLA, The Concept of Law (Oxford University Press 1970)

10. Pound Roscoe, Introduction to the Philosophy of Law (Universal Law

Publishing Co.pvt ltd 1998)

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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar

5.0 Teaching Methodology

 

The methodology for study and research of this subject would be covering,
class room lectures, seminars, group discussions, teacher and student
interaction and open discussion.

6.0 Evaluation Pattern

Evaluation: Marks

Continuous Evaluation……………………………… 50

End-Semester Examination………………………… 50
--------------------------------------------------------
Total 100

7.0 Tentative Dates for Continuous Evaluation Tests/ Submission of Project/

GD, etc

Continuous evaluation includes Group Discussion (GD) of 20 marks and Class

Test/Project of 30 marks.
For GD, the tentative date of commencement- 28th March, 2023.

8.0 Important Instructions to Students

The Course Outline given here is tentative. The concerned faculty-member

may modify it while engaging the academic sessions. The teaching course on
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Semester: II Course: Jurisprudence Faculty: Dr. Fakkiresh S.
Sakkarnaikar
this subject and methodology will not be necessarily bound by parameters
shown here. Both faculty-members and students may mould the Course
Outline according to the needs suitable for better and progressive
understanding of the subject.

9.0 Contact Hours

Days: Monday and Wednesday

Timings: from 3.30 pm to 4.30 pm.

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