Professional Documents
Culture Documents
VI Term
Paper - LB 602 Jurisprudence II (Concepts)
The significance of the study of Jurisprudence lies in the opportunity for lawyers to
bring theory and life into focus as it concerns human thought in relation to society. This
part of Jurisprudence deals with certain concepts which are the mainstay of law as a
system, its administration and adjudication. These concepts recur every day in law, its
administration and adjudication. Judges, lawyers, legislators and administrators have to
constantly understand the jurisprudential basis of these concepts which are continuously
being dealt with in law in all its manifestations. The reading materials being provided
are original writings by various thinkers who have thrown light on the understanding
and implication of these concepts.
Prescribed Books :
1.
2.
3.
4.
(b)
(c)
(d)
1
8
28
ii
Topic 2 : The Concept of Right and Duties : Philosophical Analysis
(a)
(b)
(c)
(d)
41
57
66
81
Topic 3 : Feminist Legal Theory
The Constitution of India, 1950 guarantees right to equality to women yet
numerous areas can be identified where women are discriminated. The last few
decades have witnessed the impact of feminist critical approaches on social,
economic, political and legal institutions. One must correlate the jurisprudential
analysis of rights of women with the prevailing customs, laws and precedents in
India and determine whether equality for women is a reality or myth.
(a)
(b)
(c)
95
102
Liability
P.J. Fitzgerald, Salmond on Jurisprudence, pp. 349-410
Civil and Criminal Justice
P.J. Fitzgerald, id., pp. 91-106
117
153
iii
Topic 5 : Personality
Theories of the Nature of Legal Persons
(a)
(b)
(c)
163
Topic 6 : Possession
P.J. Fitzgerald, Salmond on Jurisprudence, pp. 265-295
168
Important Note:
1. The topics and materials given above are not exhaustive. The teachers teaching
the course shall be at liberty to add new topics/materials.
2. The students are required to study latest editions of books and available
materials.
3. The Question Paper shall include one compulsory question consisting of five
parts out of which four parts will be required to be attempted. The Question paper
set for the academic year 2008-09 is printed below for guidance.
*****
LL.B. Exams (Supplementary), May-June, 2008
Jurisprudence
Note: Answer any five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
1. Write short answer on any four, not exceeding 150 words:
(a) Legal personality of a foetus.
(b) Natural Rights, Fundamental Rights, Human Rights and Legal Rights although appear
to be separate and different. Discuss.
(c) Hohfelds analysis of Duties towards the state and society.
(d) How Buchanan finds merit in the claim that part of what is distinctively valuable
about right is that they may be involved or not invoked or waived:
(e) Analyse Art 368 of Indian Constitution so as to focus on the usefulness of Hohfeldian
analysis in constitutional interpretation.
iv
2. Feminist approach to law can be seen to start from basic assumption about relationship
between man and women and the law is informed by and serves to reinforce patriarchal
social relationship that is based on male norms, male experience and male dominance that
womans experience is excluded from the law and the law has contributed to womens
oppression. Critically analyse it in the light of various feminist legal theories with
special reference to Indian legal system.
3. (a) Explain in brief the Hohfeldian analysis of jural relations.
(b) Examine the following in the light of Hohfeldian scheme of jural relations and
reframe them where necessary.
(i)
(ii)
4. Theories of legal personality are indeed fascinating in their analogy and ideologies. But
they dont always provide safe guide for lawyers and judges in their daily tasks.
Critically analyse it and pick out any two theories of legal personality for arguing against
this proposition.
5. (a) What difficulties does Buchanan had with Wasserstroms treatment of the case of
racist who fails to recognize Negroes have rights.
(b) How has Allen Buchanan dealt with compensatory feature of rights. Do you agree
with Buchanan that law of torts dealing with fault liability provides instances in
which a successful case for compensation does not depend upon establishing that law
was infringed?
6. What do you understand by concept of Possession? What are the various theories
supporting one or other concept of possession? What is role of possession in law and legal
system? Refer to relevant case law.
7. Elaborate how the developments from the 17th century demarcated an individual and
treated an individual as bearer of rights. Do you agree that approach of Bikhu Parekh has
been glimpsed in our legal system? Give the answer with illustration.
8. What are Baxis heresies? Write short notes on following:
(a) The basic needs approach to rethinking Human Rights.
(b) Intimate relation between rights and violence.
*****
LL.B. Exams (Supplementary), May-June, 2010
1.
2.
3.
4.
5.
6.
7.
8.
(d)
Radical feminism;
(e)
Trumping feature of rights.
Briefly explain the Hohfeldian concept of rights and analyse the following :
(a)
Right to constitutional remedies under Article 32 of the Constitution of India.
(b)
Right to travel abroad.
(c)
Right to marry.
What are the important features of feminist legal theory and methodology for the
study of law?
With the help of suitable examples explain whether, in your opinion, the law
contributes to womens oppression or advances her status in the private and public
sphere.
Critically examine the following statements :
(a)
A unique feature of rights is that the right-holder may either invoke or not
invoke his right.
(b)
Rights play an indispensable role in distinguishing those principles that can
justly be enforced from those that cannot.
Trace the development of a modern conception of rights over the past four hundred
years. Do you agree with the idea that rights are a source of both benefits and burdens
?
(a) Distinguish between mediate and immediate possession. How have these
concepts been used in Indian law?
(b) (i) If A momentarily hands his wallet to B, from whom it is stolen by C. Who
has the legal possession of the wallet according to Indian law? Explain.
(ii) A sells B a cupboard, which unknown to both, contains jewels in a secret
drawer. Who has legal possession, A or B?
What is the distinction between intention and negligence? Bring out the distinction
between these two terms and explain their relevance in criminal and civil liability?
Do you consider the idea of human rights to be universal or are they specific to the
manner in which different cultures recognize human rights? Discuss in the light of
Amartya Sens discussion on culture and human rights.
*****
LL.B. Exams (Supplementary), May-June, 2010
1.
(b)
(c)
(d)
(e)
vi
2.
Discuss the Austinian concept of Sovereignty and its attributes that sovereignty is
indivisible, universal and unlimited. Locate the Austinian sovereign in the Indian
Legal System and discuss the conceptual difficulties in such a locating exercise.
3.
Why the theory given by Kelsen is known as Pure theory of Law ? How far he
succeeded in that particularly when he insisted that grundnorm must be efficacious ?
4.
Explain the Hartian concept of Rule of Recognition and validity in his concept of law.
5.
6.
Savigny promoted the view that Law has a nation character. Discuss in the light of his
theory of Volksgeist. How far is the theory of Volksgeist applicable to the Indian
Legal System ?
7.
Discuss Roscoe Pounds theory of interests and jural postulates and clearly bring out
the relevance of jural postulates in implementing the theory of interests.
8.
Explorers case in
*****
LL.B. Exams (Supplementary), July-August, 2011
1.
1.
Moral agents;
(b)
(c)
(d)
(e)
vii
(ii)
The right of a citizen to move the Supreme Court under Article 32 of the
Constitution to enforce her fundamental rights.
3.
Trace the development the modern conception of rights from the 17th century.
Discuss the theory of individuation, emergence of an individual as a bearer of rights
and the benefits and burdens associated with rights.
4.
5.
The approach of the law has not been consistent in defining a person. Elaborate your
answer using any three theories of personality.
6.
(a)
7.
(b)
Critically discuss the view that rights alone provide a basis for compensation.
(a)
(i)
A dropped his purse on the floor of a shop and after one day it was picked
up by B, a customer. S, the shopkeeper claims possession of the purse.
Decide.
(ii)
8.
(a)