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Jurisprudence II
B.A.LL.B. (Honours)
VI Semester
Course Teachers:
Mr. Azim B. Pathan
Jurisprudence is the Science of law. Law is said to be what Judges say it is. Thus,
the courts play very important role in governance of the country through interpretation of
statutes. With a view to attach more credence and acceptability the Judges say that they
do not legislate; they merely interpret statutes in accordance with the intention of the
legislature. They have also evolved certain self-regulatory rules of interpretation. In this
course students are to be apprised of such rules of interpretation. The students will have
to develop acquaintance with the rules of precedent and stare decisis along with legal
reasoning so as to appreciate coherence, certainty, plausibility and objectivity in the
administration of Justice. Even though, the Judges always say that they do not legislate or
create law, yet the seeds of creation of law are discernible in the exercise of their
interpretative power. By now, it is well accepted fact that Judges do play some creative
role and it gives birth to some controversy as to the extent of judicial creativity.
Therefore, the students are to be apprised of different theories of the adjudication and
Judicial Activism.
Legal concepts are the foundation stone of a legal system and particularly for civil
practice in law courts. This paper proposes to provide students some knowledge of legal
persons as right-duty bearing units; the concepts of right-duties along with their inter
relationship and concepts of possession and ownership as the incidence of the most
valuable right to property. Punishment ensures the smooth functioning of the ordered
society and therefore, the students will be given the requisite knowledge of various
theories of punishment.
Objectives:
1. To understand and realize the nature of judicial process and canons of statutory
interpretation.
2. To understand and appreciate the broad contours of judicial role in society
ranging from judicial self-restraint to the judicial creativity.
3. To study, analyze and appreciate the social role of Jural concepts like legal
persons, rights and duties, ownership and possession.
4. To study, analyze and appreciate the social role of different theories of
punishment in ensuring the smooth functioning of the society with some
rehabilitative points of view.
Methods of Teaching
1. Lecture Method
2. Case-Law Study
3. E-Teaching
4. Group Discussion
1
Evaluation Criteria
1. Attendance
2. Project work
3. Snap Test
4. Mid Term
5. End Term
Total
05
25
10
20
40_
100
Module I
Canons of Statutory Construction
1. Distinction between interpretation and construction
2. Various Rules:
Literal Rule
Golden Rule
Mischief Rule
Books for References
1. Rupert Cross, Statutory Interpretations, 1976
2. R.W.M. Dias, Jurisprudence, Adity Books Private Ltd.
New Delhi, 1994, Chapter VIII pp.166-186
3. Landeis, A Note on Statutory Interpretation 43, Harv.L.Rev. 886 (1930)
4. Radin, Statutory Interpretation 43 Harv.L.Rev.863 (1930)
Module II
Judicial Process
1. Doctrine of Precedent
2. Stare decisis
3. Judicial Law Making:
Different Models of Judicial Law-making
Judicial Activism
Books for References
1. Benzamin N. Cardozo, The Nature of Judicial Process Chapter-III
2. R.W.M. Dias, Jurisprudence (1994) Chapter 7
3. Edgar, Boden heimer: Jurisprudence XVII pp 385-400 and XVIII pp 405-443
Module III
Theories of Punishment
1.
2.
3.
4.
5.
Expiatory Theory
Deterrent theory
Reformative theory
Rehabilitative theory
Constitutionality of Capital punishment
2. Kinds of Ownership
Case-Laws
1. Vishwanath vs. Shree Thakur Radha Ballabh Ji (1967)2 S.C.R. 618
2. Shrimoni Gurudwara Prabandhak Committee, Amritsar vs. Somnath Das (2000)4
S.C.C. 146
3. Saloman vs. Saloman and Co. 1897 A.C. 22.
4. State Trading Corporation of India Ltd. v. C.T.O. A.I.R. 1963 S.C. 1811
5. Daimler Co. Ltd. v. Continental Tyre and Rubber Co. (Great Britain) Ltd. (1916)2
A.C. 307.
6. Som Prakash Rekhi v. Union of India (1981)1 S.C.C.449