LL.M. (Alternative Dispute Resolution) Syllabus PDF
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This syllabus for an LLM program in Alternative Dispute Resolution covers key areas including Jurisprudence, Theories of Law, Legal Research Methodology, and related topics.
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SYLLABUS OF LL.M. (ALTERNATE DISPUTE RESOLUTION) I SEMESTER (W.E.F. 2022-2023) PAPER-I SCHOOLS OF JURISPRUDENCE AND THEORIES OF LAW (Common Paper for All the Branches) UNIT-I Nature and scope of Jurisprudence – Classification of Jurisprudence...
SYLLABUS OF LL.M. (ALTERNATE DISPUTE RESOLUTION) I SEMESTER (W.E.F. 2022-2023) PAPER-I SCHOOLS OF JURISPRUDENCE AND THEORIES OF LAW (Common Paper for All the Branches) UNIT-I Nature and scope of Jurisprudence – Classification of Jurisprudence into Schools-Salient features of Analytical, Historical, Philosophical and Sociological Schools. UNIT-II Meaning of Positivism-Analytical positivism of Bentham and Austin Kelsen's Pure Theory of Law-Hart's Concept of Law-Dworkin's criticism- Hart-Fuller controversy-Hart-Devlin's debate-Modern trends in Analytical and Normative Jurisprudence-Rawls and Distributive Justice-Nozick and the Minimal State-modernism and post-modernism UNIT-III Historical and Ancient Indian Jurisprudence-Savigny's concept of Volksgeist-Contribution of Henry Maine; Economic theory of law-Views of Karl Marx and Friedrich Engles; Sociological theories of law Contribution of Ihering-Contribution of Ehrlich-Duguit's theory of Social Solidarity- Roscoe Pound's Social Engineering and Classification of Interests- American and Scandinavian Realism-Critical Legal Studies Movement. UNIT-IV Theories of Natural Law-Meaning of Natural Law-History of Natural law – Greek origins-Medieval period-View of St.ThomasAcquinas-Period of Renaissance/Reformation-Grotius and International Law Transcendental Idealism-View of Immanuel Kant":Natural Law and Social Contract theories-Stammler and Natural Law with variable content-Fuller and the Morality of Law-Hart on Natural Law-Finnis and Restatement of Natural law-Positivists and Naturalists debate. Suggested Readings: G.W.Paton: A Text book of Jurisprudence, 4th Edition; Clarendon Press, Oxford,1972. R.W.M. Dias, Jurisprudence. 5th Edition; Aditya Books Private Ltd., New Delhi, 1994. W.Friedmann: Legal Theory, 5th Edition; Columbia University Press, NewYork Dennis Lloyd: Lloyd's Introduction to Jurisprudence, 6 th Edition, Sweet and Maxwell, London, 1994. Julius Stone: The Province and Function of Law; Associated General Publications Pvt.Ltd. Sydney. Howard Davies and David Holdcraft: Jurisprudence: Texts and Commentary; Butterworths, London, Dublin, Edinburgh, 1991. S.N.Dhyani: Fundamentals of Jurisprudence: The lndianApproach,2nd Edition, CentralLaw Agency, Allahabad, 1997. Edgar Bodenheimer: Jurisprudence; The Philosophy and Method of the Law, Universal Book Traders, Delhi,1996. Rama Jois, Seeds of Modern Public Law in Ancient Jurisprudence, Eastern Book Company, Lucknow, 1990. Rama Jois, Ancient Indian Law-Eternal Values in Manu Smriti, Universal Law Publishing Co., New Delhi, 2002. PAPER II LEGAL RESEARCH METHODOLOGY (Common Paper for All the Branches) Unit-I: Meaning of Research-Types of Research-Scientific Method-Social Science Research- Scope and importance of Legal Research-Concepts-Variables Definitions-Relevance of empirical research in law-Induction and Deduction- Case study. Unit-II: Finding the Law-Sources of legal material including e-sources-Law reporting in India-Using a law library-Survey of available legal material-bibliographical search. Research Methods-Socio-legal research-doctrinal and non-doctrinal research. Unit-III: Research tools and techniques for collection of data-Observation Questionnaire – Schedule-Interview-Sampling techniques-Types of sampling. Formulation of Research Problem-Hypothesis-Research Design. Unit-IV: Data processing and analysis-Use of Statistics in the analysis and interpretation of data-Use of computers in Legal Research-Report writing. Legal Research and Law Reforms-Types of Research needed for Law Reforms-Analytical Research, Historical Research. Suggested Readings: Goode &Hatt: Methods in Social Research:McGraw-Hill Book Company,Singapore1981 C.R.Kothari: Research Methodology :Methods and Techniques,2"dEdition,WishwaPrakashan,NewDelhi,1995. Wilkinson & Bhandarkar, Methodology and Techniques of Social Research,9th Edition, Himalaya Publishing Housing, Bombay- Delhi- Nagpur1994. Pauline V Young :Scientific Social Survey and research,3rd Edition,PrenticeHall,NewYork,1960. B.N.Ghosh, Scientific Method and Social Research;4th Edition Sterling Publishers Private Limited,NewDelhi,1987. S.K.Verma & Afzalwani, Legal Research and Methodology; ILI Publication, New Delhi, Hans Raj, Theory and Practice in Social Research;4th Edition, Surjeet Publicatios,NewDelhi,1992. PAPER III LAW AND SOCIAL TRANSFORMATION (Common Paper for All the Branches) Unit-I: 1. Law and Social Change: a) Relations between Law and Public Opinion. B) Law as an instrument of social change. c) Law as the product of Traditions and Culture, Criticism and evaluation in the light of colonization and the introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India, Sociological school and its applicability in India, Principles of Social Legislation. 2. Religion and the Law: a) Religion – Its meaning and relationship with law. b) Evaluation of Religion as a divisive factor. c) Secularism as a solution to the problem. d) Reform of the law on secular lines: Problems. e) Freedom of religion and non-discrimination on the basis of religion. f) Religious minorities and the law.. Unit-II: 1. Language and the Law: a) Multi-Linguistic culture and its impact on policy on nation b) language as a divisive factor : formation of linguistic states. c) Constitutional guarantee to linguistic minorities. d) Language policy and the constitution; Official language; multi language system. e) Non-discrimination on the ground of language. 2. Community and Law: a) Caste as a socio-cultural reality and role of caste as a divisive and integrative factor. b) Non-discrimination on the ground of caste. c) Acceptance of Caste as a factor to undo past injustices. d) Protective discrimination; Scheduled Castes, tribes and backward classes. e) Reservation : statutory commissions, statutory provisions. Unit-III: 1. Regionalism and Law: a) Evaluation of Regionalism as a divisive and integrative factor. b) Concept of India as one unit. c) Right of Movement, Residence and Buniness; Imperissibility of State or Regional Barriers. d) Equality in matters of employment; the slogan “Sons of the soil” and its practice. e) Admission to Educational Institutions; Preference to Residents of a State. 2. Women and the Law: a) Position and the Role of women in India society. b) Crimes against women – Codified laws. c) Gender injustice and its various forms, causes and remedies. d) Women’s Commission. e) Empowerment of women, constitutional and other legal provisions. Unit-IV: 1. Children and the Law: a) Child Labour b) Sexual Exploitation c) Adoption, Maintenance and Related Problems d) Children and Education – a constitutional mandate 2. Modernizations and the Law: a) Modernization as a value ; Constitutional perspectives reflected in the fundamental duties b) Modernization of social institutions through law c) Reform of family law d) Agrarian reform – Industrialization of Agriculture e) Criminal Law : Plea bargaining; compounding and payment of compensation of victims f) Civil Law (ADR) Confrontation v., Consensus; mediation and conciliation: Lok Adalats g. Democratic decentralization and Local Self-government SELECTED. BIBLIOGRAPHY: Marc Galanter (ed): Law and Society in Modern India (1997), Oxford. Robert Lingat: The Classical Law of India (1998), Oxford. U. Baxi: The Crisis of the Indian Legal System (1982), vikas, New Delhi. U. Baxi, (ed): Law and Poverty Critical Essays (1988), Tripathy, Bombay. Manushi: A Journal about Women and Society. Duncan Derret: The state, Religion and Law in India (1999), oxford University press, New Delhi. H.M. Seerval: Constitutional Law of India (1996). D.D. Basu : Shorter Constitution of India (1996), prentice Hall of India (p) Ltd., New Delhi. Sunil Deshta and : Law and Menace of child labour (2000) Anmon kiran Destha Publications, Delhi. Savitri Gunasekhare: Children, Law and Justice (1997), Sage. Indian Law Institute: Law and Social Change: Indo-American Reflections Tripathi (1988). J.B. Kriplani : Gandhi – His, Life and Thought (1970), Ministry of Information and Broadcasting, Government of India. M.P. Jain : Outlines of Indian Legal History (1993), Tripathi, Bombay. Agnes, Flavia : Law and Gender Inequally : The Politics of Womens Rights in India (1999), Oxford ***Except the above rules other remaining rules and regulations remain same in awarding of Gold Medals, Distinction in awarding of Degrees by Osmania University, PAPER –IV ALTERNATIVE DISPUTE RESOLUTION (ADR): CONCEPTS AND METHODS Unit-I Introduction to ADR-Definition, Meaning and Scope: dispute Resolution through third party settlement; Disputes and kinds of disputes; dispute resolution as a State monopoly Judiciary as the Third estate; Adjudication: Common Law System and ContinentalSystem; Adversarial System-Doctrine of Precedent and Judicial Hierarchy; Substantive Law and Procedural Law; Advantages and Disadvantages of Judicial Settlement: Law's Delays-Importance and Advantages of ADR; ADR under different laws in India Emerging Global Trends in Favour of ADR. UNIT-II Procedural Law: Law of Civil Procedure ;Basic Principles: Audi Alteram Partem; Right to Fair Hearing; Nemo Judex in Causa Sua; Cause of Action; Plaint and Written Statement; Framing of Issues: Summons; Discovery, Interrogatories and admissions ;Trial-Summary Procedure; Law of Evidence: Kinds of Evidence: Relevancy and Admissibility of Evidence; Affidavits and Examination of Witnesses; Judgment: Appeals: Execution of Decrees. Need for judicial reforms: Access to Justice- Lord Wolffe's Report in England. UNIT-III ADR Kinds; Arbitration, Mediation, Conciliation, Negotiation and Good offices; Types and Skills of Negotiation ;Hybrid Forms-Med- arb and Arb- med; Binding and Non Binding Arbitration; Need for Professional Arbitrators and Conciliators; Fast-Track Arbitration: Court-Annexed Arbitration: Section 89 of Civil Procedure Code of India: Institutionalized Arbitration: Permanent Court of Arbitration at Hague.-Arbitration Councils and Associations in USA.UK, Singapore and India UNIT-IV ADR and its Application in India; ADR in ancient India-Nyaya Panchayats etc; ADR and Its modern applications: Application of ADR in Different Fields: Family, Industrial and Employment: Motor Vehicle Accidents, Medical Negligence, Commercial. Cyber space Disputes: Online Dispute Resolution (ODR): Lok Pal and Lok Ayukta: Legal Aid Suggested Readings: Dr.Avatar Singh-Law of Arbitration and Conciliation including ADR System, Eastern Book Company,Lucknow. Venu Gopal KK – Justice Bachawat's Law of Arbitration and Conciliation including commercial, international andADR P.C.Rao&William - Alternative Dispute Resolution, Universal Law Sheffield PublishingLtd. S. K. Chawla, Law of Arbitration and Conciliation Act 1996-A Commentary, Universal Law PublishingLtd. Anthony Walton Russell on Law of Arbitration 18thEd. 1970 Stevens &Sons Ltd.,London. G. K. Kwatra - The Arbitration and Conciliation La\\ of India (with case law on UNCITRAL model law on Arbitration).The Indian Council ofArbitration. N. D. Basu- Arbitration &Conciliation Commentary-Orient Publishing House(l998). John Sutton, Kendall &Judith Gill,- Russell on Arbitration; Sweet & Maxwell, London(1997). H.C.Johri,CommentaryonArbitration&Concil iationAct,1996;Kamal Law House,Calcutta(!997) I0. G.KKwatra-TheNewArbitration&ConciIiationLawoflndia,ICA,1998. 11. Relevant Reports of the Law Commission of Lydia. SYLLABUS OF LL.M. (INTELLECTUAL PROPERTY RIGHTS) I - SEMESTER (W.E.F. 2022-2023) PAPER-I SCHOOLS OF JURISPRUDENCE AND THEORIES OF LAW (Common Paper for All the Branches) UNIT-I Nature and scope of Jurisprudence – Classification of Jurisprudence into Schools-Salient features of Analytical, Historical, Philosophical and Sociological Schools. UNIT-II Meaning of Positivism-Analytical positivism of Bentham and Austin Kelsen's Pure Theory of Law-Hart's Concept of Law-Dworkin's criticism- Hart-Fuller controversy-Hart-Devlin's debate-Modern trends in Analytical and Normative Jurisprudence-Rawls and Distributive Justice-Nozick and the Minimal State-modernism and post-modernism UNIT-III Historical and Ancient Indian Jurisprudence-Savigny's concept of Volksgeist-Contribution of Henry Maine; Economic theory of law-Views of Karl Marx and Friedrich Engles; Sociological theories of law Contribution of Ihering-Contribution of Ehrlich-Duguit's theory of Social Solidarity- Roscoe Pound's Social Engineering and Classification of Interests- American and Scandinavian Realism-Critical Legal Studies Movement. UNIT-IV Theories of Natural Law-Meaning of Natural Law-History of Natural law – Greek origins-Medieval period-View of St.ThomasAcquinas-Period of Renaissance/Reformation-Grotius and International Law Transcendental Idealism-View of Immanuel Kant":Natural Law and Social Contract theories-Stammler and Natural Law with variable content-Fuller and the Morality of Law-Hart on Natural Law-Finnis and Restatement of Natural law-Positivists and Naturalists debate. Suggested Readings: G.W.Paton: A Text book of Jurisprudence, 4th Edition; Clarendon Press, Oxford,1972. R.W.M. Dias, Jurisprudence. 5th Edition; Aditya Books Private Ltd., New Delhi, 1994. W.Friedmann: Legal Theory, 5th Edition; Columbia University Press, NewYork Dennis Lloyd: Lloyd's Introduction to Jurisprudence, 6 th Edition, Sweet and Maxwell, London, 1994. Julius Stone: The Province and Function of Law; Associated General Publications Pvt.Ltd. Sydney. Howard Davies and David Holdcraft: Jurisprudence: Texts and Commentary; Butterworths, London, Dublin, Edinburgh, 1991. S.N.Dhyani: Fundamentals of Jurisprudence: The lndianApproach,2nd Edition, CentralLaw Agency, Allahabad, 1997. Edgar Bodenheimer: Jurisprudence; The Philosophy and Method of the Law, Universal Book Traders, Delhi,1996. Rama Jois, Seeds of Modern Public Law in Ancient Jurisprudence, Eastern Book Company, Lucknow, 1990. Rama Jois, Ancient Indian Law-Eternal Values in Manu Smriti, Universal Law Publishing Co., New Delhi, 2002. PAPER II LEGAL RESEARCH METHODOLOGY (Common Paper for All the Branches) Unit-I: Meaning of Research-Types of Research-Scientific Method-Social Science Research- Scope and importance of Legal Research-Concepts-Variables Definitions-Relevance of empirical research in law-Induction and Deduction- Case study. Unit-II: Finding the Law-Sources of legal material including e-sources-Law reporting in India-Using a law library-Survey of available legal material-bibliographical search. Research Methods-Socio-legal research-doctrinal and non-doctrinal research. Unit-III: Research tools and techniques for collection of data-Observation Questionnaire-Schedule-Interview-Sampling techniques-Types of sampling. Formulation of Research Problem-Hypothesis-Research Design. Unit-IV: Data processing and analysis-Use of Statistics in the analysis and interpretation of data-Use of computers in Legal Research-Report writing. Legal Research and Law Reforms-Types of Research needed for Law Reforms-Analytical Research, Historical Research. Suggested Readings: Goode &Hatt: Methods in Social Research:McGraw-Hill Book Company,Singapore1981 C.R.Kothari: Research Methodology :Methods and Techniques,2"dEdition,WishwaPrakashan,NewDelhi,1995. Wilkinson & Bhandarkar, Methodology and Techniques of Social Research,9th Edition, Himalaya Publishing Housing, Bombay- Delhi- Nagpur1994. Pauline V Young :Scientific Social Survey and research,3rd Edition,PrenticeHall,NewYork,1960. B.N.Ghosh, Scientific Method and Social Research;4th Edition Sterling Publishers Private Limited,NewDelhi,1987. S.K.Verma & Afzalwani, Legal Research and Methodology; ILI Publication, New Delhi, Hans Raj, Theory and Practice in Social Research;4th Edition, Surjeet Publicatios,NewDelhi,1992. PAPER III LAW AND SOCIAL TRANSFORMATION (Common Paper for All the Branches) Unit-I: 1. Law and Social Change: a) Relations between Law and Public Opinion. B) Law as an instrument of social change. c) Law as the product of Traditions and Culture, Criticism and evaluation in the light of colonization and the introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India, Sociological school and its applicability in India, Principles of Social Legislation. 2. Religion and the Law: a) Religion – Its meaning and relationship with law. b) Evaluation of Religion as a divisive factor. c) Secularism as a solution to the problem. d) Reform of the law on secular lines: Problems. e) Freedom of religion and non-discrimination on the basis of religion. f) Religious minorities and the law.. Unit-II: 1. Language and the Law: a) Multi-Linguistic culture and its impact on policy on nation b) language as a divisive factor : formation of linguistic states. c) Constitutional guarantee to linguistic minorities. d) Language policy and the constitution; Official language; multi language system. e) Non-discrimination on the ground of language. 2. Community and Law: a) Caste as a socio-cultural reality and role of caste as a divisive and integrative factor. b) Non-discrimination on the ground of caste. c) Acceptance of Caste as a factor to undo past injustices. d) Protective discrimination; Scheduled Castes, tribes and backward classes. e) Reservation : statutory commissions, statutory provisions. Unit-III: 1. Regionalism and Law: a) Evaluation of Regionalism as a divisive and integrative factor. b) Concept of India as one unit. c) Right of Movement, Residence and Buniness; Imperissibility of State or Regional Barriers. d) Equality in matters of employment; the slogan “Sons of the soil” and its practice. e) Admission to Educational Institutions; Preference to Residents of a State. 2. Women and the Law: a) Position and the Role of women in India society. b) Crimes against women – Codified laws. c) Gender injustice and its various forms, causes and remedies. d) Women’s Commission. e) Empowerment of women, constitutional and other legal provisions. Unit-IV: Children and the Law: a) Child Labour b) Sexual Exploitation c) Adoption, Maintenance and Related Problems d) Children and Education – a constitutional mandate Modernizations and the Law: a) Modernization as a value ; Constitutional perspectives reflected in the fundamental duties b) Modernization of social institutions through law c) Reform of family law d) Agrarian reform – Industrialization of Agriculture e) Criminal Law : Plea bargaining; compounding and payment of compensation of victims f) Civil Law (ADR) Confrontation v., Consensus; mediation and conciliation: Lok Adalats g. Democratic decentralization and Local Self-government SELECTED. BIBLIOGRAPHY: Marc Galanter (ed): Law and Society in Modern India (1997), Oxford. Robert Lingat: The Classical Law of India (1998), Oxford. U. Baxi: The Crisis of the Indian Legal System (1982), vikas, New Delhi. U. Baxi, (ed): Law and Poverty Critical Essays (1988), Tripathy, Bombay. Manushi: A Journal about Women and Society. Duncan Derret: The state, Religion and Law in India (1999), oxford University press, New Delhi. H.M. Seerval: Constitutional Law of India (1996). D.D. Basu : Shorter Constitution of India (1996), prentice Hall of India (p) Ltd., New Delhi. Sunil Deshta and : Law and Menace of child labour (2000) Anmon kiran Destha Publications, Delhi. Savitri Gunasekhare: Children, Law and Justice (1997), Sage. Indian Law Institute: Law and Social Change: Indo-American Reflections Tripathi (1988). J.B. Kriplani : Gandhi – His, Life and Thought (1970), Ministry of Information and Broadcasting, Government of India. M.P. Jain : Outlines of Indian Legal History (1993), Tripathi, Bombay. Agnes, Flavia : Law and Gender Inequally : The Politics of Womens Rights in India (1999), Oxford ***Except the above rules other remaining rules and regulations remain same in awarding of Gold Medals, Distinction in awarding of Degrees by Osmania University. PAPER –IV INTELLECTUAL PROPERTY RIGHTS: CONCEPTS Unit-I Conceptual Framework of Property-Legal concept of Property-Elements of Property-Classification of Property- Theories of Property: Occupation Theory-Locke's Labour Theory of Property - Hegel's Personality Theory of Property -Marxian Theory on Private Property and IP -Economic Theory and Social TrustTheory UNIT-II Jurisprudential aspects of property-ownership, Possession and title Constitutional Aspects of Property - Meaning, nature and evolution of Intellectual Property-Position in Ancient India-Analysis of WIPO definition of Intellectual Property-Theoretical justification for protection of IP UNIT-III Classification of Intellectual Property-Industrial Property, Literary Property and Emerging Forms-Traditional forms of IP-Patents, Trademarks, Trade Names and Descriptions, Industrial designs, Geographical Indications of Goods, Copyright and Related Rights and Trade Secrets-Their characteristic UNIT-IV EmergingformsofIP-NewPlantVarieties,IPinLifeformsandMicro-Organisms, Lay-out Designs, Traditional Knowledge and Indigenous Knowledge- Business Methods-Computer Programmes-Traditional Cultural expressions- Bio-piracy, Bio- prospectingandBio-ethicalIssuesrelatingtoIPProtection Suggested Readings: P.Narayanan, Intellectual Property Law, Eastern Law House, Kolkata. Pola Koteshwara Rao, Supreme Court and Parliament : Right to Property and Economic Justice,LawBook Agency,Hyderabad. Prabhuddha Ganguli, Intellectual Property Rights-Unleashing Knowledge Economy, Tata-McgrawHill,NewDelhi. Shahid Ali khan & Raghunath Mashelkar, Intellectual Propertyand Competitive Strategies in the 21stCentury , KluwerLawInternational,London. N.S.Gopalakrishnan,Intellectual Property and Criminal Law , National Law School of lndiaUniversity,Bangalore. GB.Reddy:Intellectual Property Rights andLaw:Gogia Law Agency,Hyderabad. S.K.Verma:Intellectual PropetyRights,ILI,NewDelhi. David Bainbridge: Intellectual Property,Pearson Educati on Ltd, NewDelhi. Pearson&Miller:CommercialExploitationoflntellectualProperty(2004),Uni versalLawPublishingCo.Pvt.Ltd,Delhi. R.S.Bhalla, The Institution of Property-Legally , Historically and Philosophically egarded,EBC,Delhi. SYLLABUS OF LL.M. (INTERNATIONAL TRADE AND ECONOMIC LAW) I – SEMESTER (W.E.F. 2022-2023) PAPER-I SCHOOLS OF JURISPRUDENCE AND THEORIES OF LAW (Common Paper for All the Branches) UNIT-I Nature and scope of Jurisprudence – Classification of Jurisprudence into Schools-Salient features of Analytical, Historical, Philosophical and Sociological Schools. UNIT-II Meaning of Positivism-Analytical positivism of Bentham and Austin Kelsen's Pure Theory of Law-Hart's Concept of Law-Dworkin's criticism- Hart-Fuller controversy-Hart-Devlin's debate-Modern trends in Analytical and Normative Jurisprudence-Rawls and Distributive Justice-Nozick and the Minimal State-modernism and post-modernism UNIT-III Historical and Ancient Indian Jurisprudence-Savigny's concept of Volksgeist-Contribution of Henry Maine; Economic theory of law-Views of Karl Marx and Friedrich Engles; Sociological theories of law Contribution of Ihering-Contribution of Ehrlich-Duguit's theory of Social Solidarity- Roscoe Pound's Social Engineering and Classification of Interests- American and Scandinavian Realism-Critical Legal Studies Movement. UNIT-IV Theories of Natural Law-Meaning of Natural Law-History of Natural law – Greek origins-Medieval period-View of St.ThomasAcquinas-Period of Renaissance/Reformation-Grotius and International Law Transcendental Idealism-View of Immanuel Kant":Natural Law and Social Contract theories-Stammler and Natural Law with variable content-Fuller and the Morality of Law-Hart on Natural Law-Finnis and Restatement of Natural law-Positivists and Naturalists debate. Suggested Readings: G.W.Paton: A Text book of Jurisprudence, 4th Edition; Clarendon Press, Oxford,1972. R.W.M. Dias, Jurisprudence. 5th Edition; Aditya Books Private Ltd., New Delhi, 1994. W.Friedmann: Legal Theory, 5th Edition; Columbia University Press, NewYork Dennis Lloyd: Lloyd's Introduction to Jurisprudence, 6th Edition, Sweet and Maxwell, London, 1994. Julius Stone: The Province and Function of Law; Associated General Publications Pvt.Ltd. Sydney. Howard Davies and David Holdcraft: Jurisprudence: Texts and Commentary; Butterworths, London, Dublin, Edinburgh, 1991. S.N.Dhyani: Fundamentals of Jurisprudence: The lndianApproach,2nd Edition, CentralLaw Agency, Allahabad, 1997. Edgar Bodenheimer: Jurisprudence; The Philosophy and Method of the Law, Universal Book Traders, Delhi,1996. Rama Jois, Seeds of Modern Public Law in Ancient Jurisprudence, Eastern Book Company, Lucknow, 1990. Rama Jois, Ancient Indian Law-Eternal Values in Manu Smriti, Universal Law Publishing Co., New Delhi, 2002. PAPER II LEGAL RESEARCH METHODOLOGY (Common Paper for All the Branches) Unit-I: Meaning of Research-Types of Research-Scientific Method-Social Science Research- Scope and importance of Legal Research-Concepts-Variables Definitions-Relevance of empirical research in law-Induction and Deduction- Case study. Unit-II: Finding the Law-Sources of legal material including e-sources-Law reporting in India-Using a law library-Survey of available legal material-bibliographical search. Research Methods-Socio-legal research-doctrinal and non-doctrinal research. Unit-III: Research tools and techniques for collection of data-Observation Questionnaire-Schedule-Interview-Sampling techniques-Types of sampling. Formulation of Research Problem-Hypothesis-Research Design. Unit-IV: Data processing and analysis-Use of Statistics in the analysis and interpretation of data-Use of computers in Legal Research-Report writing. Legal Research and Law Reforms-Types of Research needed for Law Reforms-Analytical Research, Historical Research. Suggested Readings: Goode &Hatt: Methods in Social Research:McGraw-Hill Book Company,Singapore1981 C.R.Kothari: Research Methodology :Methods and Techniques,2"dEdition,WishwaPrakashan,NewDelhi,1995. Wilkinson & Bhandarkar, Methodology and Techniques of Social Research,9th Edition, Himalaya Publishing Housing, Bombay- Delhi- Nagpur1994. Pauline V Young :Scientific Social Survey and research,3rd Edition,PrenticeHall,NewYork,1960. B.N.Ghosh, Scientific Method and Social Research;4th Edition Sterling Publishers Private Limited,NewDelhi,1987. S.K.Verma & Afzalwani, Legal Research and Methodology; ILI Publication, New Delhi, Hans Raj, Theory and Practice in Social Research;4th Edition, Surjeet Publicatios,NewDelhi,1992. PAPER III LAW AND SOCIAL TRANSFORMATION (Common Paper for All the Branches) Unit-I: 1. Law and Social Change: a) Relations between Law and Public Opinion. B) Law as an instrument of social change. c) Law as the product of Traditions and Culture, Criticism and evaluation in the light of colonization and the introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India, Sociological school and its applicability in India, Principles of Social Legislation. 2. Religion and the Law: a) Religion – Its meaning and relationship with law. b) Evaluation of Religion as a divisive factor. c) Secularism as a solution to the problem. d) Reform of the law on secular lines: Problems. e) Freedom of religion and non-discrimination on the basis of religion. f) Religious minorities and the law. Unit-II: 1. Language and the Law: a) Multi-Linguistic culture and its impact on policy on nation b) language as a divisive factor : formation of linguistic states. c) Constitutional guarantee to linguistic minorities. d) Language policy and the constitution; Official language; multi language system. e) Non-discrimination on the ground of language. 2. Community and Law: a) Caste as a socio-cultural reality and role of caste as a divisive and integrative factor. b) Non-discrimination on the ground of caste. c) Acceptance of Caste as a factor to undo past injustices. d) Protective discrimination; Scheduled Castes, tribes and backward classes. e) Reservation : statutory commissions, statutory provisions. Unit-III: 1. Regionalism and Law: a) Evaluation of Regionalism as a divisive and integrative factor. b) Concept of India as one unit. c) Right of Movement, Residence and Buniness; Imperissibility of State or Regional Barriers. d) Equality in matters of employment; the slogan “Sons of the soil” and its practice. e) Admission to Educational Institutions; Preference to Residents of a State. 2. Women and the Law: a) Position and the Role of women in India society. b) Crimes against women – Codified laws. c) Gender injustice and its various forms, causes and remedies. d) Women’s Commission. e) Empowerment of women, constitutional and other legal provisions. Unit-IV: Children and the Law: a) Child Labour b) Sexual Exploitation c) Adoption, Maintenance and Related Problems d) Children and Education – a constitutional mandate Modernizations and the Law: a) Modernization as a value ; Constitutional perspectives reflected in the fundamental duties b) Modernization of social institutions through law c) Reform of family law d) Agrarian reform – Industrialization of Agriculture e) Criminal Law : Plea bargaining; compounding and payment of compensation of victims f) Civil Law (ADR) Confrontation v., Consensus; mediation and conciliation: Lok Adalats g. Democratic decentralization and Local Self-government SELECTED. BIBLIOGRAPHY: Marc Galanter (ed): Law and Society in Modern India (1997), Oxford. Robert Lingat: The Classical Law of India (1998), Oxford. U. Baxi: The Crisis of the Indian Legal System (1982), vikas, New Delhi. U. Baxi, (ed): Law and Poverty Critical Essays (1988), Tripathy, Bombay. Manushi: A Journal about Women and Society. Duncan Derret: The state, Religion and Law in India (1999), oxford University press, New Delhi. H.M. Seerval: Constitutional Law of India (1996). D.D. Basu : Shorter Constitution of India (1996), prentice Hall of India (p) Ltd., New Delhi. Sunil Deshta and : Law and Menace of child labour (2000) Anmon kiran Destha Publications, Delhi. Savitri Gunasekhare: Children, Law and Justice (1997), Sage. Indian Law Institute: Law and Social Change: Indo-American Reflections Tripathi (1988). J.B. Kriplani : Gandhi – His, Life and Thought (1970), Ministry of Information and Broadcasting, Government of India. M.P. Jain : Outlines of Indian Legal History (1993), Tripathi, Bombay. Agnes, Flavia : Law and Gender Inequally : The Politics of Womens Rights in India (1999), Oxford ***Except the above rules other remaining rules and regulations remain same in awarding of Gold Medals, Distinction in awarding of Degrees by Osmania University, PAPER –IV Development and Origin of International Economic Law Unit-I History of Economic Law-Origin and Development- General Principles of International Economic Relations-New International Economic Order (NIEO)- Charter of Economic Rights and Duties of States. UNIT-II Permanent Sovereignty over Natural Resources-Basic Principles- Expropriation of Property and International Law-Stability of Contractual Relations in the International Investment Process-Transnational Water courses Law. Unit-III Hard Law and Soft Law-International Regulation of Transnational Corporations- Draft Code of Conduct on Transnational Corporations- National Legal Systems and Transnational corporations-The Set of Multilaterally agreed Equitable Principles and Rules for the Control of Restrictive Business Practices – U.N Commission on Transnational Corporations. UNIT-IV Transfer of Technology and Developing Countries - Draft Code of Conduct on Transfer of Technology-Other International Conventions and Norms- Kinds of Globalization - Political Globalization - Economic Globalization - Technological Globalization - Cultural Globalization - Impact of Globalization on Indian Trade andEconomy. Suggested Readings: Texts of Programme and Declaration of Action on NIEO and Charter of Economic Rights and Duties of States in R.P.Ananded., International Law Documents(1996). Mohammed Bedjaoui, Towards a New International Economic Order. (Holmes and Meir Publisher, NewYork,1979). Nico Schrivjer, Sovereignty over Natural Resources (Cambridge University Press, Cambridge, 1997). Kamal Hossain and S.R.Chowdhury eds. Permanent Sovereignty over Natural Resources in International Law: Principle and Practice (Francis Pinter, London,1984). Richard Falk et al eds., International Law: A Contemporary Perspective (Westview Press, Boulder,1985). J.H.Jackson, Legal Problems of international Economic Relations: Cases, Materials and Text on the National and International Regulation of Transnational Economic Relations (St.Paul, Minnesota: WestPublishing,1995). .M.S.Rajan, The Doctrine of Permanent Sovereignty over Natural Resources(1982). B.S.Chimni, International Law and World Order: A Critique of Contemporary Approaches (Sage, New Delhi,1993). Stephen McCaffery, The Law of International Water courses (OxfordUniversityPress; Oxford,2001). A.A.Fatourosed., Transnational Corporations: The International Legal Framework (Routledge, London,1995). Shihata, MIGA and Foreign Investment: Origins, Operations, Policies and Basic Documents of the Multilateral Investment Guarantee Agency (Nijhoff, Dordrecht,1995) M.Sornorajah, The International Law on Foreign Investment (1994). Articles. 1. International Legal Instruments of Intellectual Property Law (in two volumes), (1998), NLSIU,Bangalore. 2. Implications of the TRIPS Agreement on Treaties Administered WlPO (2003), Geneva. 3. Relevant WIPO Publications on Individual International Instruments. SYLLABU OF LL.M. (CRIMINOLOGY AND CRIMINAL JUSTICE SYSTEM) I - SEMESTER (W.E.F. 2022-2023) PAPER-I SCHOOLS OF JURISPRUDENCE AND THEORIES OF LAW (Common Paper for All the Branches) UNIT-I Nature and scope of Jurisprudence – Classification of Jurisprudence into Schools-Salient features of Analytical, Historical, Philosophical and Sociological Schools. UNIT-II Meaning of Positivism-Analytical positivism of Bentham and Austin Kelsen's Pure Theory of Law-Hart's Concept of Law-Dworkin's criticism- Hart-Fuller controversy-Hart-Devlin's debate-Modern trends in Analytical and Normative Jurisprudence-Rawls and Distributive Justice-Nozick and the Minimal State-modernism and post-modernism UNIT-III Historical and Ancient Indian Jurisprudence-Savigny's concept of Volksgeist-Contribution of Henry Maine; Economic theory of law-Views of Karl Marx and Friedrich Engles; Sociological theories of law Contribution of Ihering-Contribution of Ehrlich-Duguit's theory of Social Solidarity- Roscoe Pound's Social Engineering and Classification of Interests- American and Scandinavian Realism-Critical Legal Studies Movement. UNIT-IV Theories of Natural Law-Meaning of Natural Law-History of Natural law – Greek origins-Medieval period-View of St.ThomasAcquinas-Period of Renaissance/Reformation-Grotius and International Law Transcendental Idealism-View of Immanuel Kant":Natural Law and Social Contract theories-Stammler and Natural Law with variable content-Fuller and the Morality of Law-Hart on Natural Law-Finnis and Restatement of Natural law-Positivists and Naturalists debate. Suggested Readings: G.W.Paton: A Text book of Jurisprudence, 4th Edition; Clarendon Press, Oxford,1972. R.W.M. Dias, Jurisprudence. 5th Edition; Aditya Books Private Ltd., New Delhi, 1994. W.Friedmann: Legal Theory, 5th Edition; Columbia University Press, NewYork Dennis Lloyd: Lloyd's Introduction to Jurisprudence, 6th Edition, Sweet and Maxwell, London, 1994. Julius Stone: The Province and Function of Law; Associated General Publications Pvt.Ltd. Sydney. Howard Davies and David Holdcraft: Jurisprudence: Texts and Commentary; Butterworths, London, Dublin, Edinburgh, 1991. S.N.Dhyani: Fundamentals of Jurisprudence: The lndianApproach,2nd Edition, CentralLaw Agency, Allahabad, 1997. Edgar Bodenheimer: Jurisprudence; The Philosophy and Method of the Law, Universal Book Traders, Delhi,1996. Rama Jois, Seeds of Modern Public Law in Ancient Jurisprudence, Eastern Book Company, Lucknow, 1990. Rama Jois, Ancient Indian Law-Eternal Values in Manu Smriti, Universal Law Publishing Co., New Delhi, 2002. PAPER II LEGAL RESEARCH METHODOLOGY (Common Paper for All the Branches) Unit-I: Meaning of Research-Types of Research-Scientific Method-Social Science Research- Scope and importance of Legal Research-Concepts-Variables Definitions-Relevance of empirical research in law-Induction and Deduction- Case study. Unit-II: Finding the Law-Sources of legal material including e-sources-Law reporting in India-Using a law library-Survey of available legal material-bibliographical search. Research Methods-Socio-legal research-doctrinal and non-doctrinal research. Unit-III: Research tools and techniques for collection of data-Observation Questionnaire-Schedule-Interview-Sampling techniques-Types of sampling. Formulation of Research Problem-Hypothesis-Research Design. Unit-IV: Data processing and analysis-Use of Statistics in the analysis and interpretation of data-Use of computers in Legal Research-Report writing. Legal Research and Law Reforms-Types of Research needed for Law Reforms-Analytical Research, Historical Research. Suggested Readings: Goode &Hatt: Methods in Social Research:McGraw-Hill Book Company,Singapore1981 C.R.Kothari: Research Methodology :Methods and Techniques,2"dEdition,WishwaPrakashan,NewDelhi,1995. Wilkinson & Bhandarkar, Methodology and Techniques of Social Research,9th Edition, Himalaya Publishing Housing, Bombay- Delhi- Nagpur1994. Pauline V Young :Scientific Social Survey and research,3rd Edition,PrenticeHall,NewYork,1960. B.N.Ghosh, Scientific Method and Social Research;4th Edition Sterling Publishers Private Limited,NewDelhi,1987. S.K.Verma & Afzalwani, Legal Research and Methodology; ILI Publication, New Delhi, Hans Raj, Theory and Practice in Social Research;4th Edition, Surjeet Publicatios,NewDelhi,1992. PAPER III LAW AND SOCIAL TRANSFORMATION (Common Paper for All the Branches) Unit-I: 1. Law and Social Change: a) Relations between Law and Public Opinion. B) Law as an instrument of social change. c) Law as the product of Traditions and Culture, Criticism and evaluation in the light of colonization and the introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India, Sociological school and its applicability in India, Principles of Social Legislation. 2. Religion and the Law: a) Religion – Its meaning and relationship with law. b) Evaluation of Religion as a divisive factor. c) Secularism as a solution to the problem. d) Reform of the law on secular lines: Problems. e) Freedom of religion and non-discrimination on the basis of religion. f) Religious minorities and the law.. Unit-II: 1. Language and the Law: a) Multi-Linguistic culture and its impact on policy on nation b) language as a divisive factor : formation of linguistic states. c) Constitutional guarantee to linguistic minorities. d) Language policy and the constitution; Official language; multi language system. e) Non-discrimination on the ground of language. 2. Community and Law: a) Caste as a socio-cultural reality and role of caste as a divisive and integrative factor. b) Non-discrimination on the ground of caste. c) Acceptance of Caste as a factor to undo past injustices. d) Protective discrimination; Scheduled Castes, tribes and backward classes. e) Reservation : statutory commissions, statutory provisions. Unit-III: 1. Regionalism and Law: a) Evaluation of Regionalism as a divisive and integrative factor. b) Concept of India as one unit. c) Right of Movement, Residence and Buniness; Imperissibility of State or Regional Barriers. d) Equality in matters of employment; the slogan “Sons of the soil” and its practice. e) Admission to Educational Institutions; Preference to Residents of a State. 2. Women and the Law: a) Position and the Role of women in India society. b) Crimes against women – Codified laws. c) Gender injustice and its various forms, causes and remedies. d) Women’s Commission. e) Empowerment of women, constitutional and other legal provisions. Unit-IV: 1. Children and the Law: a) Child Labour b) Sexual Exploitation c) Adoption, Maintenance and Related Problems d) Children and Education – a constitutional mandate 2. Modernizations and the Law: a) Modernization as a value; Constitutional perspectives reflected in the fundamental duties b) Modernization of social institutions through law c) Reform of family law d) Agrarian reform – Industrialization of Agriculture e) Criminal Law : Plea bargaining; compounding and payment of compensation of victims f) Civil Law (ADR) Confrontation v., Consensus; mediation and conciliation: Lok Adalats g. Democratic decentralization and Local Self-government SELECTED. BIBLIOGRAPHY: (ed): Law and Society in Modern India (1997), Oxford. Robert Lingat: The Classical Law of India (1998), Oxford. U. Baxi: The Crisis of the Indian Legal System (1982), vikas, New Delhi. U. Baxi, (ed): Law and Poverty Critical Essays (1988), Tripathy, Bombay. Manushi: A Journal about Women and Society. Duncan Derret: The state, Religion and Law in India (1999), oxford University press, New Delhi. H.M. Seerval: Constitutional Law of India (1996). D.D. Basu : Shorter Constitution of India (1996), prentice Hall of India (p) Ltd., New Delhi. Sunil Deshta and : Law and Menace of child labour (2000) Anmon kiran Destha Publications, Delhi. Savitri Gunasekhare: Children, Law and Justice (1997), Sage. Indian Law Institute: Law and Social Change: Indo-American Reflections Tripathi (1988). J.B. Kriplani : Gandhi – His, Life and Thought (1970), Ministry of Information and Broadcasting, Government of India. M.P. Jain : Outlines of Indian Legal History (1993), Tripathi, Bombay. Agnes, Flavia : Law and Gender Inequally : The Politics of Womens Rights in India (1999), Oxford ***Except the above rules other remaining rules and regulations remain same in awarding of Gold Medals, Distinction in awarding of Degrees by Osmania University, PAPER –IV COMPARATIVE CRIMINAL LAW UNIT-I Principles of Liability – classification of offences – Kinds of punishments – General defence ( Infancy, insanity consent, necessity and private defence) – abetment) – abetment and attempt, recidivism and euthanasia. UNIT-II Culpable homicide and murder – rape and unnatural offences – theft and robbery – defamation – offences relating to marriage. UNIT-III Hierarchy of criminal courts and their jurisdiction – police, power and functions – judicial officer in investigation – prosecuting agencies – role of public prosecutor – Law of arrest and procedure – rights of arrested and accused – evidentiary value of statements – bail procedure – sentencing process. UNIT-IV Accusatorial and inquisitorial System – Presumption of innocence – types of trial – speedy justice – role of judge, prosecuting and defence attorney during trial – victims role in penal process – plea bargaining – appeal procedure – legal aid – public participation in criminal justice. Select Bibliography: Kenny’s: Outline of Criminal Law, Edited by J.W. Cecil Turner, 19th Century (1966) Cambridge University Press, Reprint, Reprint (1980) N.M. Tripathi Pvt. Ltd. J.C. Smith and Brian Hogan: Criminal Law 5 th Edn. (1984, ELBS?Butterworths & Co., London) Glanville Willianms: Text Book on Criminal Law, 2nd Edn. (1983), Stevens & Sons, London (Eastern Law Housem, N.M. Tripathi in india). Hari Singh Gaus: The Penal Law of India (Vol. I) 10 th Edu., 1982) Law Publishers, Allahabad. Nelsen’s: The Indian Penal Code – Revised by S.N. Mulla & G.L. Gupta 7th Edn. (1981), Law Book Co. Allahabad. K.D. Gaur: Criminal Law: Cases and Material, 2 nd Edn. (1985), N.M. Tripathi Pvt. Ltd. Bombay. Ratanlal & Dhirajlal’s: Law of Crimes, Revised by Justice D.A. Desai, Justice. M.L. Jain and Dr. N.R. Madhava Menon , 23rd Edition (1995) Bharat Law House (Kautilyas Astasastra). K.N. Chandrasekharan Pillai (e.d.) E.V. Kelkar’s Outlines of Criminal Procedure (2000), Eastern Book Company, Lucknow. SYLLABU OF LL.M. (HUMAN RIGHTS AND SOCIAL JUSTICE) I – SEMESTER (W.E.F. 2022-2023) PAPER-I SCHOOLS OF JURISPRUDENCE AND THEORIES OF LAW (Common Paper for All the Branches) UNIT-I Nature and scope of Jurisprudence – Classification of Jurisprudence into Schools-Salient features of Analytical, Historical, Philosophical and Sociological Schools. UNIT-II Meaning of Positivism-Analytical positivism of Bentham and Austin Kelsen's Pure Theory of Law-Hart's Concept of Law-Dworkin's criticism- Hart-Fuller controversy-Hart-Devlin's debate-Modern trends in Analytical and Normative Jurisprudence-Rawls and Distributive Justice-Nozick and the Minimal State-modernism and post-modernism UNIT-III Historical and Ancient Indian Jurisprudence-Savigny's concept of Volksgeist-Contribution of Henry Maine; Economic theory of law-Views of Karl Marx and Friedrich Engles; Sociological theories of law Contribution of Ihering-Contribution of Ehrlich-Duguit's theory of Social Solidarity- Roscoe Pound's Social Engineering and Classification of Interests- American and Scandinavian Realism-Critical Legal Studies Movement. UNIT-IV Theories of Natural Law-Meaning of Natural Law-History of Natural law – Greek origins-Medieval period-View of St.ThomasAcquinas-Period of Renaissance/Reformation-Grotius and International Law Transcendental Idealism-View of Immanuel Kant":Natural Law and Social Contract theories-Stammler and Natural Law with variable content-Fuller and the Morality of Law-Hart on Natural Law-Finnis and Restatement of Natural law-Positivists and Naturalists debate. Suggested Readings: G.W.Paton: A Text book of Jurisprudence, 4th Edition; Clarendon Press, Oxford,1972. R.W.M. Dias, Jurisprudence. 5th Edition; Aditya Books Private Ltd., New Delhi, 1994. W.Friedmann: Legal Theory, 5th Edition; Columbia University Press, NewYork Dennis Lloyd: Lloyd's Introduction to Jurisprudence, 6th Edition, Sweet and Maxwell, London, 1994. Julius Stone: The Province and Function of Law; Associated General Publications Pvt.Ltd. Sydney. Howard Davies and David Holdcraft: Jurisprudence: Texts and Commentary; Butterworths, London, Dublin, Edinburgh, 1991. S.N.Dhyani: Fundamentals of Jurisprudence: The lndianApproach,2nd Edition, CentralLaw Agency, Allahabad, 1997. Edgar Bodenheimer: Jurisprudence; The Philosophy and Method of the Law, Universal Book Traders, Delhi,1996. Rama Jois, Seeds of Modern Public Law in Ancient Jurisprudence, Eastern Book Company, Lucknow, 1990. Rama Jois, Ancient Indian Law-Eternal Values in Manu Smriti, Universal Law Publishing Co., New Delhi, 2002. PAPER II LEGAL RESEARCH METHODOLOGY (Common Paper for All the Branches) Unit-I: Meaning of Research-Types of Research-Scientific Method-Social Science Research- Scope and importance of Legal Research-Concepts-Variables Definitions-Relevance of empirical research in law-Induction and Deduction- Case study. Unit-II: Finding the Law-Sources of legal material including e-sources-Law reporting in India-Using a law library-Survey of available legal material-bibliographical search. Research Methods-Socio-legal research-doctrinal and non-doctrinal research. Unit-III: Research tools and techniques for collection of data-Observation Questionnaire-Schedule-Interview-Sampling techniques-Types of sampling. Formulation of Research Problem-Hypothesis-Research Design. Unit-IV: Data processing and analysis-Use of Statistics in the analysis and interpretation of data-Use of computers in Legal Research-Report writing. Legal Research and Law Reforms-Types of Research needed for Law Reforms-Analytical Research, Historical Research. Suggested Readings: Goode &Hatt: Methods in Social Research:McGraw-Hill Book Company,Singapore1981 C.R.Kothari: Research Methodology :Methods and Techniques,2"dEdition,WishwaPrakashan,NewDelhi,1995. Wilkinson & Bhandarkar, Methodology and Techniques of Social Research,9th Edition, Himalaya Publishing Housing, Bombay- Delhi- Nagpur1994. Pauline V Young :Scientific Social Survey and research,3rd Edition,PrenticeHall,NewYork,1960. B.N.Ghosh, Scientific Method and Social Research;4th Edition Sterling Publishers Private Limited,NewDelhi,1987. S.K.Verma & Afzalwani, Legal Research and Methodology; ILI Publication, New Delhi, Hans Raj, Theory and Practice in Social Research;4th Edition, Surjeet Publicatios,NewDelhi,1992. PAPER III LAW AND SOCIAL TRANSFORMATION (Common Paper for All the Branches) UNIT-I: 1. Law and Social Change: a) Relations between Law and Public Opinion. B) Law as an instrument of social change. c) Law as the product of Traditions and Culture, Criticism and evaluation in the light of colonization and the introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India, Sociological school and its applicability in India, Principles of Social Legislation. 2. Religion and the Law: a) Religion – Its meaning and relationship with law. b) Evaluation of Religion as a divisive factor. c) Secularism as a solution to the problem. d) Reform of the law on secular lines: Problems. e) Freedom of religion and non-discrimination on the basis of religion. f) Religious minorities and the law.. UNIT-II: 1. Language and the Law: a) Multi-Linguistic culture and its impact on policy on nation b) language as a divisive factor : formation of linguistic states. c) Constitutional guarantee to linguistic minorities. d) Language policy and the constitution; Official language; multi language system. e) Non-discrimination on the ground of language. 2. Community and Law: a) Caste as a socio-cultural reality and role of caste as a divisive and integrative factor. b) Non-discrimination on the ground of caste. c) Acceptance of Caste as a factor to undo past injustices. d) Protective discrimination; Scheduled Castes, tribes and backward classes. e) Reservation : statutory commissions, statutory provisions. UNIT-III: 1. Regionalism and Law: a) Evaluation of Regionalism as a divisive and integrative factor. b) Concept of India as one unit. c) Right of Movement, Residence and Buniness; Imperissibility of State or Regional Barriers. d) Equality in matters of employment; the slogan “Sons of the soil” and its practice. e) Admission to Educational Institutions; Preference to Residents of a State. 2. Women and the Law: a) Position and the Role of women in India society. b) Crimes against women – Codified laws. c) Gender injustice and its various forms, causes and remedies. d) Women’s Commission. e) Empowerment of women, constitutional and other legal provisions. Unit-IV: 1. Children and the Law: a) Child Labour b) Sexual Exploitation c) Adoption, Maintenance and Related Problems d) Children and Education – a constitutional mandate 2. Modernizations and the Law: a) Modernization as a value ; Constitutional perspectives reflected in the fundamental duties b) Modernization of social institutions through law c) Reform of family law d) Agrarian reform – Industrialization of Agriculture e) Criminal Law : Plea bargaining; compounding and payment of compensation of victims f) Civil Law (ADR) Confrontation v., Consensus; mediation and conciliation: Lok Adalats g. Democratic decentralization and Local Self-government SELECTED. BIBLIOGRAPHY: Marc Galanter (ed): Law and Society in Modern India (1997), Oxford. Robert Lingat: The Classical Law of India (1998), Oxford. U. Baxi: The Crisis of the Indian Legal System (1982), vikas, New Delhi. U. Baxi, (ed): Law and Poverty Critical Essays (1988), Tripathy, Bombay. Manushi: A Journal about Women and Society. Duncan Derret: The state, Religion and Law in India (1999), oxford University press, New Delhi. H.M. Seerval: Constitutional Law of India (1996). D.D. Basu : Shorter Constitution of India (1996), prentice Hall of India (p) Ltd., New Delhi. Sunil Deshta and : Law and Menace of child labour (2000) Anmon kiran Destha Publications, Delhi. Savitri Gunasekhare: Children, Law and Justice (1997), Sage. Indian Law Institute: Law and Social Change: Indo-American Reflections Tripathi (1988). J.B. Kriplani : Gandhi – His, Life and Thought (1970), Ministry of Information and Broadcasting, Government of India. M.P. Jain : Outlines of Indian Legal History (1993), Tripathi, Bombay. Agnes, Flavia : Law and Gender Inequally : The Politics of Womens Rights in India (1999), Oxford ***Except the above rules other remaining rules and regulations remain same in awarding of Gold Medals, Distinction in awarding of Degrees by Osmania University, PAPER –IV INTERNATIONAL HUMAN RIGHTS LAW UNIT: 1 Human Rights Concept, Nature, Origin and Development, Human rights and Domestic Jurisdiction – Classification of Human Rights – Third World Perspectives of Human Rights. UNIT: II UN Charter-United Nations Commission on Human Rights (Human Rights Council) – Sub commission on Prevention of Discrimination and Protection of Minorities – Commission on Status of Women – UN Centre for Human Rights & UN Commissioner for Human Rights – Office of UN high Commissioner for Human Rights – UN High Commissioner for Refugees – Role of UN in Protection and Promotion of Human Rights. UNIT-III International Convention on Human Rights – Genocide Convention – Convention against Torture-CREDAW- Child Rights convention – Convention on Stateless convention against slavery-convention on Refugees – International conference on Human Rights (1968) – World conference on Human Rights (1993). International Bill of Human Rights – Universal Declaration of Human Rights, 1948 – Influence – Legal Significance – International Covenant on Civil and Political Rights, 1966 – ICCPR – International covenant on economic, social and cultural rights, 1966. UNIT-IV Regional Convention on Human Rights – Asian Human Rights Charter European Convention on Human Rights – American Convention on Human Rights African Charter on Human and peoples Rights (Banjul)- Arab Charter on Human Rights. Suggested Readings: P.R. Gandhi (ed): Blackstones’s International Human Rights Documents Universal Law Publishing co. Delhi. Richard B. Lillich and Frank C. Newman: International Human Rights – Problems of Law and Policy, Little Brown and Company, Bostonand Toronto. Fredcrick Quinn: Human Rights and you, OSCE/ODIHR,Warsaw, Poland. T.S. Batra: Human Rights – A Critique, Metropolitan Book Company Pvt. Ltd, New Delhi. Dr. U. Chandra: Human Rights, Allahabad Law Agency Publications, Allahabad. Agarwal, H.O., Implementation of Human Rights Covenants with Special Reference to India (Allahabad: Kitab Mahal, 1983) Alam, Aftab, ed., Human Rights in India: Issues and Challenges (New Delhi: Raj Publications, 1999). Alston, Phillip, the United Nations and Human Rights (London: Clarendon Press, 1995). Bajwa, G.S. and D.K. Bajwa, Human Rights in India: Implementation and Violations (New Delhi: D.K. Publishers, 1996). Bansal, V.K. Right to Life and Personal Liberty (New Delhi; Deep and Deep,1986)