Jurisprudence and Legal Theory

Jurisprudence and Legal Theory

Meaning and Definition of Jurisprudence, Nature and Scope, Utility of Study of Jurisprudence;

Historical Development of Law, Contribution of Different Stages of Civilization, Nature and Classification of Laws, Law and Morals. Sources of Law: Legislation, Statute, Precedent or Judicial Decision, Custom and Convention;

Administration of Justice, Development of the Concept of Administration of Justice, Civil and Criminal Justice, Ends of Justice, Miscarriage of Justice,  Theories of Punishment, Forms of Punishment, Abolition of Death Penalty;

Different Concepts of Law , Legal Rights and Duties, Deontology, Freedom, Substantive law and Procedural Law, Evidence, Crime and Criminal Procedure, Analysis of Legal Concepts, Person, Natural and Juristic Person;

Law of Property, Kinds of Property, Modes of Acquiring Property: Servitude, Ownership and Title, Possession, Family Succession, Negligence, Liability, Law of Obligations;

Schools of Jurisprudence: Naturalist, Normative, Positivist, Analytical, Realist, Historical, Sociological, Kelsenian and Feminist; Theories of Law: Natural Theory, Austin’s Theory, Comparative Theory and Realism, Pure theory of law, Social Theories of Law, Liberalism and Legal Reasoning;

Law and Society, Role of Law in the Development of the Society, Empowerment of the People through Law, Legal Awareness, Social Value of Law, Access to Justice, Retributive Justice, Distributive Justice and Corrective Justice, Judicial Activism, Public Interest Litigation,  Alternative Dispute Resolution;

Relevant Laws:

  1. The Constitution of the People’s Republic of Bangladesh
  2. The Code of Criminal Procedure, 1898
  3. The Code of Civil Procedure, 1908
  4. The Penal Code, 1860
  5. The Evidence  Act, 1872
  6. The Transfer of Property Act, 1882

Books Recommended:

  1. A Textbook of Jurisprudence by G. W. Paton
  2. Jurisprudence by J. W. Salmond

3. An Introduction to Jurisprudence by Hamiduddin Khan

4. Jurisprudence & Legal Theory by V.D Mahajan

5. Jurisprudence by Paranjep

6. Elements of Jurisprudence by N.H. Jhabavala

7. The Elementary Principles of Jurisprudence by G. W. Keeton

8. H.  Jurisprudence by Roscoe Pound

9. I.   The Nature and Sources of the Law by J. C. Gray

10. Lectures on Jurisprudence by H.F. Jolowcz

11. Jurisprudence by Dias and Hughes

12. Jurisprudence by J. G. Riddall

13. Central Issues in Jurisprudence: Justice, Law and Rights

by N.E. Simmonds

14.  Jurisprudence: Theory and Context by Brian H. Bix

15. The Province of Jurisprudence Determined by John Austin

16. Oxford Essays on Jurisprudence by AG Guest

17. Jurisprudence (Five Volumes) by Roscoe Pound

18. Principles of Islamic Jurisprudence by Mohammad Hashim Kamali

19. Jurisprudence in India through the Ages by D.d. Aggarwal

20. Understanding Jurisprudence: An Introduction to Legal Theory

By Raymond Wacks

Leading Cases:

1. Mobarik Ali Ahmed v. State of Bombay, AIR 1957 SC 857

2. Rattan Lal v. State of Punjab, AIR 1965 SC 444

3. Musa Khan v. State of Maharastra, AIR 1976 SC 2566

4. Bhim Singh v. State of Jammu & Kashmir, 1986 CLJ 192

5. Rajendra Prasad v. State of Uttar Pradesh, (1979) 3 SCC 646

6. Bachan Singh v. State of Punjab, (1980) 2 SCC 684

7. The Heydon’s Case

8. Vishesh Kumar v. Shanti Prasad, (1980) 2 SCC 378

9. Golak Nath Case, AIR 1967 SC 1643

10. Minerva Mills Ltd. V. Union of India, (1980) 3 SCC 625

11. R. v. Dudley, (1884) 14 QBD 273

12. Shashi Kantha v. Pramodachandra, AIR 1932 Cal 609

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)