Jurisprudence II
Semester VI
Module I: Concept and Sources of Law
Definition and Kinds of Law - Various Sources of law - Legal and Historical Sources - Custom –
Definition of Custom – Kinds of Custom – General and Local Custom – Custom and
Prescription - Requisites of a valid custom - Legislation - Definition of legislation -
Classification of legislation- Supreme and Subordinate Legislation - Direct and Indirect
Legislation - Precedent — Judge made laws - Definition of Precedent — Kinds of Precedent —
Ratio Decidenti - Stare Decisis — Obiter Dicta - Original and Declaratory Precedents —
Authoritative and Persuasive Precedents - When precedents become weak law- method of
deriving judgments , inductive and deductive --- Relative merits and demerits of Legislation,
Precedent and Custom as a source of Law.
Module II: Legal Status of Persons
Person - Definition and Nature of Personality - Legal Status of Unborn Children, Minor, Lunatic,
Drunken, and Dead Persons - Legal Status of Animals – Legal Persons - Legal Personality of
State - Status of Corporate Personality – Theories of Corporate Personality.
Module III: Rights and Duties
Nature & Characteristics - Theories of Rights - Kinds of Legal Rights - Hohfeld’s Analysis of
Legal Rights – Duties – Nature & Characteristics – Classification of Duties - Correlation of
Rights and Duties - Cognate concepts like Liberty, Power, Immunity, Privilege etc.
