NORTHERN UNIVERSITY, BANGLADSH
DEPARTMENT OF LAW
PROGRAM: LL.B (HON’S)
COURSE TITLE: JURISPRUDENCE COURSE CODE: LAW 2111/LLB1101/LAW4101
COURSE TEACHER: Md.Ahsan Habib
Senior Lecturer, Department of Law, NUB (Advocate)
&
Assistant
JUDGE of the Peoples’ Republic of Bangladesh
Mobile:
01717623243, Email:ahsanhabib.law@gmail.com
COURSE OUTLINES OF JURISPRUDENCE
Lecture-01: Nature of Jurisprudence
Definition of Jurisprudence, the Nature,
Scope and Importance of Jurisprudence.
Lecture-02: The Definition,
Nature and kinds of Law
Definition,
Nature and Classification of Law, General Law, Imperative Law, Physical or
Scientific Law, Natural or Moral Law, Conventional Law, Customary Law,
Practical or technical Law, International law, Civil Law.
Lecture-03: Theories of Law
Theories of Law: Natural Theory of
Law (Salmond’s Theory), Positive Theory of Law (Austin’s
Theory) and Pure Theory of Law (Hans Kelsen’s Theory),
Lecture-04: The Schools of
Jurisprudence
Schools of Jurisprudence:
Analytical School, Historical School and Ethical School
of Jurisprudence, Sociological
School.
Lecture-05: The Administration
of Justice
Importance or
Necessity of Justice, Origin and Growth of Administration of Justice, The
Principles of Natural Justice, Civil and Criminal justice, Theories of Punishment,
Theory of Compensation, Kinds of Punishment, Primary and Secondary rights,
Penal and Remedial Proceedings, Secondary Functions of the Courts of Law.
Lecture-06: Sources Of Law
Meaning of
Sources of Law, Classification of Sources of Law, Legal Sources of English Law,
Sources of Law and Sources of Rights, Ultimate Legal principles.
Lecture-07: Legislation
Meaning of
Legislation, Legislation as a Source of Law, Supreme
and Subordinate Legislation, Codification, Rules of Interpretation of Legislation.
Lecture-08: Precedent
Precedent as source of Law, Stare
Decisis, The Authority of Precedent, Original and declaratory precedent, Authoritative and declaratory,
Disregard of precedent and Effects of it, Circumstances destroying binding
force of Precedent, Grounds of Authority of Precedent, Sources of Judicial
Principle, Value of the Doctrine of Precedent.
Lecture-09: Custom
Definition and
Origin of Custom, Importance of Customary Law, Acceptance of Customary law,
Difference Between Law and Custom, Kinds of Custom, Requirements of Valid Custom, Custom and Prescription.
Lecture-10: Legal Rights
Rights, Wrong,
Duty, Correlation of Rights and Duties, Definition
of Legal Rights, Characteristics of Legal Rights, Essentials of Legal Rights,
Classification of Rights according to
their object, Legal rights in a wider sense, Liberties and No-Rights.
Lecture-11: Kinds of Legal
Rights
Kinds of Civil
Rights, Perfect and imperfect Rights, Positive and Negative Rights, Real and
Personal Rights, Rights in rem and Rights in personem,
Proprietory and
Personal Rights, Inhertable and Uninheritable rights, Rights in re propria
and Rights in re aliena, Principal and accessory rights, Legal and
equitable Rights, Primary and Secondary Rights, Antecedent and Remedial Rights,
Public and Private Rights,Vested and Contingent Rights,Servient and Dominant
Rights,Municipal and International Rights, Rights at Rest and rights in Motion,
Ordinary and Fundamental Rights, Jus ad rem.
Lecture-12: Ownership
Definition of
ownership, Corporeal or Incorporeal Ownership, Sole
ownership and Co-ownership, Trust and Beneficial Ownership, Legal and Equitable
Ownership, Vested and Contingent Ownership.
Lecture-13: Possession
Introduction,
Possession in Fact and in Law, Corporeal and Incorporeal Possession, Two
elements of Possession, relation of Possessor to Other Persons, Relation of
Possessor to the Thing possessed, Nature of Possession, Concurrent Possession,
Derivative Possession, Constructive Possession, Adverse Possession,
Duplicate Possession, Relation Between
Possession and Ownership, Possessory Remedies.
Lecture-14: Persons
Definition of Person, Nature of personality, Legal Status of Lower
Animal, Legal status of Dead Person, Legal Status of Unborn Person, Legal
Status of an Idol, Legal Status of Mosque, Kinds of Persons, Corporations,
Agents, beneficiaries and members of Corporation, Acts and Liabilities of
Corporation, Uses and Purposes of Corporation, The State as a Corporation,
creation and Extinction of Corporation.
Lecture-15: Title
Definition and
nature of Title, Classification of Titles, vestitive facts, Acts in the Law,
Importance of Agreements, Kinds of Agreements, Validity of Agreements, Modes of
Acquiring possession, Prescription.
Lecture-16: Liability
Definition and
nature of Liability, Kinds of Liability, Civil Liability, Remedial Liability,
Penal Liability, vicarious Liability, Absolute or Strict Liability, Juristic
Acts, Wrongful Acts, Damnum Sine Injuria, Injuria Sine Damnum, Mens Rea,
Presumtion of Innocence, Stages in the Commission of a Crime, Intention,
preparation, attempt and commission of crime, Difference Between Intention and
Motive, Malice, Negligence,
Negligence and inadvertenance, Negligence and intention, Culpable Negligence,
Duty of Care, Theories of Negligence,
Subjective and objective Theories of Negligence, Measure of Penal
Liability, Measure of Civil Liability , Crime and Tort –Distinction , Exemption
from Criminal Liability.
Lecture-17: Law of Property
Meaning of
Property, Kinds of Property, Corporeal Property, Real and personal property,
Incorporeal Property, Rights in Re Propria , Rights in Re Aliena,
Leases, Servitudes Kins of
Servitudes-Personal, Public and Positive , Securities, Mortgage and lien , Kinds of Liens, Trust, Modes of Acquisition of
Property, possession, Prescription, Property and law, relation between.
Lecture-18: Law of Obligation
Definition and
Nature of Obligation, Chose in Action, Chose in Possession, Solidary
Obligations, Sources of Obligation, Obligation arising from contracts or
Contractual Obligations, Innominate Obligations.
Lecture-19: The Law of
Procedure
Law of Procedure
and Substantive Law, Elements of Judicial Procedure, definition and
classification of Evidence, Judicial Evidence, Personal or Real Evidence,
Primary or Secondary Evidence Direct or Circumstantial Evidence, Production of
Evidence, Probate value of evidence, Conclusive Proof, presumptive Proof,
Exclusive evidence.
Books Recommended:
Dr.
Hamiduddin khan- Jurisprudence & Comparative Legal Theory.
Dr. V.D. Mahajan- Jurisprudence and Legal Theory
DR. Md. Ahsan Kabir Jurisprudence and
Legal Theory
N. H Jhabvala- Elements of Jurisprudence
R.W.M Dias- Jurisprudence
Paranjape- Jurisprudence
Salmond- Jurisprudence
Evaluation
Procedure
CLASS TEST -1
MID TERM
CLASS TEST-2 / Viva/ Assignment/ Presentation
FINAL
MARKS DISTRIBUTION:
CLASSTEST-…………………………………………………..…………………...5
MIDTERM.………………………………………………….…….……………..…40
CLASSTEST-…………..…………………………………………………………...5
FINAL……… ………………………………………………………………….….50
ATTENDANCE+VIVA… ………………………………………….……………..10
TOTAL-100
