Title LB- 603 Jurisprudence-I.pdf ✅

HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA (Established by Himachal Pradesh National Law University Act, 2016) (Act No. 16 of 2016) Course Outline & Teaching Plan JURISPRUDENCE –I (LB-603) B.A. LL.B./B.B.A. LL.B. (Hons.) Five Year Integrated Programme Semester-VI; Session 2024-2-25 The Course Outline and Teaching Plan Designed By: Mritunjay Kumar Reading Material Edited and Compiled by: Chanchal Kumar Singh Mritunjay Kumar 16 Mile, Shimla-Mandi National Highway, Ghandal District: Shimla, 171014, Himachal Pradesh (India) Ph.0177-2779803.Fax: 0177-2779802 Website: http://hpnlu.ac.in
Himachal Pradesh National Law University, Shimla Semester-VI Academic Session 2024-25 Paper Code: LB-603 JURISPRUDENCE-I Course Outline: -Ulpian rightly said that Jurisprudence is “the observation of things human and divine, the knowledge of the just and the unjust”. The determination of the scope of Jurisprudence as broader or narrower depends on the theory which tries to explain the “beingness of law”. Jurisprudence may be treated as a philosophy, art, science, method, or technology. Its ambiguities are premised on the epistemological method around which the schools of law defend their principles and methods. However, the richness of the subject belongs to its potentialities to make one a thinking being to unravel the mysteries of the episteme of law. Jeremy Bentham affirms about Jurisprudence as “the art of being methodically ignorant of what everybody knows”. The purpose of the course is to facilitate the fundamental thinking on the genesis, nature, limitations, and functions of law. Course Objectives: -The primary objectives of this course are: - 1. To explore the evolution and nature of Jurisprudence with special reference to Natural Law School; its decline and revival. 2. To investigate the foundations, functions, and methods of Positive and Functionalist Schools of law. 3. To discover the principles and methods of Historical and Anthropological Schools of law. 4. To critically analyse the epistemic foundations of Jurisprudence from the perspective of Legal Pluralism and Postmodernism. Learning Outcome: - The expected learning outcomes of this course are: - 1. To discover the evolution and nature of Jurisprudence. 2. To critically analyse the characteristics, functions, and methods of Positive and Functionalist Schools of Jurisprudence. 3. To excavate and deconstruct the principles and methods of Historical and Anthropological Schools of law. 4. To critically reflect on the epistemic foundations of Jurisprudence from the perspective of Legal Pluralism and Postmodernism.
Himachal Pradesh National Law University, Shimla Semester-VI Academic Session 2024-25 Paper Code: LB-603 Pedagogy: - Pedagogy for teaching this course would be classroom discussions on the basis of original readings of philosophers and jurists. The classroom exercises will be a combination of lectures, seminars, and presentations. Jurisprudence is a complex field that delves into the fundamental questions underlying law, morality, and justice. In this course, therefore, interactive discussions hold the key for the teaching-learning exercises. Evaluation: (Maximum Marks 100)(4 Credits) Sr. No. Component Weightage 1. Written Assignment and Presentation 25 (15+10) 2. Mid-Term Examination 25 3. End-Term Examination 50 The Course Outline and Teaching-Learning Plan The Course Content is divided into four modules; each module consists of five sub topics. The number of lectures to be delivered for each sub topic and contents covered under the sub topic is specified briefly. The course shall be covered by classroom lecture of 60 hours (48 classes) in addition to tutorials, assignments-presentation, examinations and others activities. Each Module must have minimum of 9 classes; however, all four modules must be finished in not less than 48 classes. S. No. Sub- modules Number of Lectures Content Covered Module: 1 Nature and Scope of Jurisprudence, Natural Law & Positivism-I 1.1 Definition and Nature of Jurispruden ce 1 In the words of Jeremy Bentham, Jurisprudence is “the art of being methodically ignorant of what everybody knows”. The question of Jurisprudence is as old as human civilization. In this
Himachal Pradesh National Law University, Shimla Semester-VI Academic Session 2024-25 Paper Code: LB-603 session, it is significant to explore what makes Jurisprudence a science, art, and technology. In this heading, the article of C.K. Allen will be discussed in details to explore the definitions propounded by various thinkers of Jurisprudence. 1.2 Scope and Relevance of Jurispruden ce 1 In the words of Ulpian, Jurisprudence is “the observation of things human and divine, the knowledge of the just and the unjust”. On the other hand, the positivists like Austin, Holland, and Salmond, define Jurisprudence as a science or philosophy of positive law. In this session, we explore the scope and relevance of Jurisprudence. Wayne Morrisson in his classic book explores the question of law from Greek to Post- Modernism. In this session, this reading is relied on to initiate discussions on this theme. 1.3 History of Natural Law 4 Edgar Bodenheimer writes in his classic book, Jurisprudence–The Philosophy and Method of the Law, that Natural Law is a search for absolute values and their failures. The vastness of the subject matter may be fathomed from the long tradition of natural law, whose boundaries surpass the limitations of disciplines. Though answers are advanced, however, the substratum of the questions remains the same. In these sessions, we explore the writing of Edgar Bodenheimer, titled “Jurisprudence: The Philosophy and Method” to discover the nuances of Natural Law Philosophy. 1.4 British Positivism: 4 Mechanical Science in the early Modern period established a paradigm to analyse