Jurisprudence Unit I & II Quiz

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Questions and Answers

What is one primary objective of the Jurisprudence course?

  • To study only international law
  • To focus solely on historical cases
  • To memorize legal codes
  • To develop practical applications of law (correct)

Which school of jurisprudence focuses on the separation of law and morality?

  • Analytical School (correct)
  • Natural Law School
  • Historical School
  • Sociological School

What concept does Indian Jurisprudence primarily focus on?

  • Natural Rights
  • Case Law
  • Dharma (correct)
  • Legal Positivism

Which theorist is associated with the idea of Law as a command backed by sanctions?

<p>Austin (D)</p> Signup and view all the answers

What is a key element of the course regarding the comparative understanding of law?

<p>Comparing different legal systems (D)</p> Signup and view all the answers

Which theorist is known for the Historical School of jurisprudence?

<p>Savigny (B)</p> Signup and view all the answers

What is the weightage percentage of the content related to the Introduction in the course?

<p>25% (A)</p> Signup and view all the answers

Which aspect does the Analytical Positivism perspective include in the Indian context?

<p>Comparative analysis with Western theories (B)</p> Signup and view all the answers

What is a key characteristic of Natural Law Theory?

<p>It emphasizes moral principles inherent in nature. (C)</p> Signup and view all the answers

Which of the following is an exponent of Sociological Jurisprudence?

<p>Roscoe Pound (D)</p> Signup and view all the answers

How does the Realist School view the law?

<p>As influenced by social, political, and economic factors. (B)</p> Signup and view all the answers

What is a disadvantage of the administration of justice?

<p>It can be slow and cumbersome. (B)</p> Signup and view all the answers

What does the concept of social justice typically entail?

<p>Equal treatment regardless of background. (A)</p> Signup and view all the answers

What is one theory of punishment discussed in jurisprudence?

<p>Utilitarianism (C)</p> Signup and view all the answers

What does the sociological school emphasize in legal practice?

<p>The real-life impacts of law on society. (C)</p> Signup and view all the answers

Which aspect is least likely to be associated with the administration of social justice?

<p>Uniform application of laws regardless of circumstance. (C)</p> Signup and view all the answers

Flashcards

Natural Law Theory

A legal theory that suggests laws should reflect inherent moral principles and human nature, existing independently of human-made laws.

Sociological Jurisprudence

A legal theory that examines the social context and impact of legal rules.

Social Engineering

Roscoe Pound's theory that law should be used to shape and improve society.

Realist School

A legal theory that emphasizes the role of judges and judicial decision-making in shaping law.

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Civil Justice

Deals with disputes between private citizens, including contracts, property, and torts.

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Criminal Justice

Deals with crimes against society and concerns the punishment and rehabilitation of offenders.

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Theories of Punishment

Different perspectives on the justifications and purposes of punishment, such as retribution, deterrence and rehabilitation.

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Forms of Punishment

Different ways for punishing an offense, such as imprisonment, fines, and community service.

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Social Justice

Fairness and equality in society in terms of resources, opportunities, and rights to ensure minimal social stratification.

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Jurisprudence

The study of law, its nature, and purpose.

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Nature of Law

The fundamental characteristics and qualities of law.

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Analytical School

A school of jurisprudential thought focusing on the structure and form of law.

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Legal Positivism

The view that law is a product of human creation and social norms.

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Bentham's views

Bentham's ideas on law focused on its role in social utility.

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Austin's Analytical Positivism

A legal theory emphasizing the sovereign's role in law creation from Austin (19th century).

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Hart's views

Hart's views on law highlight the importance of rules and social practices.

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Kelson's Pure Theory

A pure theory that aims to separate law from other realms like morality or politics.

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Historical School

Jurisprudential thought emphasizing the evolution of law based on society's history.

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Savigny's theory

Savigny's theory posits that law arises from the spirit or Volksgeist of a people.

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Sir H. Maine's theory

Sir Henry Maine's theory examines the historical evolution of legal concepts.

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Indian Concept of Dharma

A key concept in Indian philosophy representing righteousness, duty, and societal order.

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Study Notes

Course Information

  • Course Name: Jurisprudence
  • Course Code: 1190725101
  • Semester: 1
  • Prerequisite: None
  • Credit: 4
  • Teaching Hours: 18
  • Weight: 25%

Course Objectives

  • Equip students with knowledge of law, practical application, analytical thinking, and logical reasoning
  • Help students understand fundamental questions about law
  • Develop comparative understanding of different legal systems, including the Indian legal system

Course Content

  • Unit I: Introduction

    • Nature, Scope, Content, and Utility of Jurisprudence
    • Purpose of Law
    • Indian Concept of Dharma
  • Unit II: Schools of Jurisprudence

    • Analytical School
      • Bentham's views on law and legal positivism
      • Austin's Analytical Positivism
      • Hart's view on law and morality
      • Kelson's theory of Pure Science of Law
      • Analytical Positivism (Indian Perspective)
    • Historical School
      • Savigny's theory
      • Sir Henry Maine's theory
      • Historical School (Indian Perspective)
  • Unit III: Theories & Schools of Jurisprudence

    • Natural Law Theory
      • Characteristics of Natural Law Theory
      • Historical Evolution
      • Critical Appraisal of Natural Law Theory
    • Sociological School
      • Developmental stages of Sociological Jurisprudence
      • Exponents of Sociological Jurisprudence
      • Roscoe Pound's theory of Social Engineering
      • Social Justice
      • Sociological School (Indian Perspective)
    • Realist School
      • Basic features of Realist school
      • Scandinavian Legal Realism
      • Realism in the Indian Context
  • Unit IV: Administration of Justice

    • Concept of Justice (Civil and Criminal)
    • Advantages and Disadvantages of Administration of Justice
    • Theories of Punishment
    • Forms of Punishment
    • Administration of Social Justice

Course Outcomes

  • Demonstrate advanced and integrated understanding of law's political, social, historical, philosophical, and economic context
  • Critically analyze and research complex legal issues; make appropriate choices
  • Critically analyze legal theory and make appropriate choices
  • Understand the administration of justice and its concept

Teaching & Learning Methods

  • Articles and Publications
  • Case Study
  • Case analysis
  • Landmark Judgments
  • Recent Amendments
  • Newly Enacted Legislation
  • Dias, Jurisprudence
  • Friedman, Legal Theory
  • Lloyd, Jurisprudence
  • Paton, A Textbook of Jurisprudence
  • Tripathi, Mani, Jurisprudence (Legal Theory)
  • Dhyani, S.N., Jurisprudence: A Study of Indian Legal Theory

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