DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Jurisprudence
Semester V
Name of the faculty-Arvind Nath Tripathi

COURSE OBJECTIVES
The study of jurisprudence affords an opportunity to stand back a little from the detail of
substantive law and to consider the nature, purpose and operation of law as a whole. This course
generally focuses on the discussion of main stream legal theories starting from classical natural
law theory to the theory of justice and liberty of the 20th century. As such, its objectives are:
To introduce the kinds of arguments raised in relation to the nature and source of law
To enable students to understand the nature and function of law.
To give the student the insight into the connection between legal theory and legal practice.
To show the relationship between law and other values, such as, morality and justice
To enable students to reflect and understand what they are expected to do and what their role is
within society.

Unit 1.
Introduction:
6 classes
Jurisprudence is a particular method of study, not of the law of one country but of the general
notion of law itself. It involves the general study of general theoretical questions about the
nature of laws and legal systems, about the relationship of law to justice, morality and the social
nature of law. The unit aims at placing the subject in proper perspective.
1 Definition, nature and scope of jurisprudence
2 Jurisprudence and other social sciences
3 Need for studying jurisprudence
4 The concept of 'Dharma', Dharma as the foundation of legal ordering in Indian thought
Unit 2.

Schools of Thought in Jurisprudence

Classifying jurists in to various schools is useful in so far as it attempts to label in a broad way
some of the most significant approaches to the subject. These schools are complementary, rather
than opposed. This unit analyses the major schools of thought in law.

Unit2.
Positivism
12 classes
Middle of the nineteenth century witnessed a countermovement against the metaphysical
tendencies of the past. This movement, which tries to apply the scientific method (which led to
major breakthroughs in natural sciences) to social sciences, is generally called positivism. Moral,
ethical and philosophical considerations are kept separated from law. This method was
particularly popular in England. The theories of some important positivists and the reaction
against them by contemporary natural law theorists are examined.
1
2
3
4
5

Jeremy Benthams utilitarianism

John Austins imperative theory
H.L.A. Harts theory
Hart-Fuller debate
Hans Kelsens pure theory of law

Unit 3.Natural Law school

8 classes

The story of natural law begins with philosophers of ancient Greece and contains diverse
elements like medieval rationalism, Roman law, Christian theology, Custom and Moral intuition.
Many theories of natural law define law in terms of its purpose, and are philosophical in outlook.
Some important natural law theorists are discussed.
1
2
3

St. Thomas Aquinas

Lon L Fuller
John Finnis

Unit 4.

Historical school

6 classes

This school focuses on the origin and development of law. Put another way, this school
emphasizes the importance of the history of the first principles and conceptions of legal systems.
Two of the most eminent jurists are studied.
1
2

Savigny
Henry Maine

Unit 5.

Sociological school

10 classes

The fundamental assumption of this school is that we cannot understand what a thing is unless
we understand what it does. This school looks at law as a social function, in relation to the
purposes and interests served by it in a society. American as well as continental jurists are
considered.
1 Ihering
2 Ehrlich
3 Roscoe Pound
4 Duguit
Unit 6.

Realist theories

3 classes

Popularly known as the left wing of the sociological school, they attach more importance to what
law courts or judges do than to the logical propositions of law. They view law as a body of facts
rather than a system of rules. Two American and two Scandinavian Realists are investigated.

1
2

American Realists
Oliver Wendell Holmes
Llewellyn

Scandinavian Realists
1 Olivecrona
2 Alf Ross

3 classes

Unit 7. Critical Legal Studies

Feminist Legal Theory
Postmodern Legal Theory

6 classes

Suggested Readings:
1. Salmond on Jurisprudence, Fitzgerald,(ed.) Tripathi, Bombay
2. Dias, Jurisprudence Adithya Books, New Delhi.