Comparative Jurisprudence I

Tribhuvan University Law Faculty
Course Title: Comparative Jurisprudence-I

Course Description: This is a compulsory course for LL.M first year. This course is designed to provide the students clear understanding of the meaning and theories of jurisprudence, basic jurisprudential concepts and social dimension of law. it also provides the students about knowledge and important trends in the understanding of the theories of jurisprudence with special reference to Nepal.

Course Objectives: The objectives of the course are as follows:

General objective of this course is:

-to impart knowledge and familiarize the students with the meaning and theories of jurisprudence. This course is to provide the students juristic philosophy, social dimensions of law, law in contemporary society and contemporary juristic philosophy.

-to inculcate the ideas in the mind of students about the subject of law in the context of the Nepalese Society.

- to develop a critical faculty among the students.

- to acquaint the students with legal ideology and the growing needs of a changing society.

2. The specific objective of the course is to produce human resource equipped with knowledge, skill, competence and integrity required for assuming new and responsible roles in society.

Unit 1- Nature and Theories of Jurisprudence

Objectives of the Unit: To enable the students to understand different theories of jurisprudence

Contents in the Instructional Unit
1. Meaning and nature of jurisprudence and Comparative jurisprudence
2. Natural school of law since its Emergence to present.
3. Analytical school since its Emergence to present.
4. Historical school and its Ideology
5. Advent of Realism and its impact
6. sociological school jurisprudence
7. Socialist school of jurisprudence.

Time for Each Unit: 40 hours

Instructional Techniques for Each Unit: Lecture Method, Paper Presentation, Discussion, Question Answer

Materials for Instructions for Each Unit: White Board, Board Marker Pen, OHP, Power Point

Assessment of Each Unit: Paper Presentation Question Answer, Write ups

Reading Materials:
• Bal Bahadur Mukhia, Comparative Jurisprudence: Social, Political and Economic Dimensions of law, A&M Mukhia, Kathmandu, Nepal, (2004)
• J.W., Harris, Legal Philosophies, Butterworth, London, (1980)
• Jeffrie, G&Julies L. Coleman, Murphy, Philosophy of Law, Oxford University press, Delhi,(1997)
• M.D.A, Freeman, Lloyd's Introduction to Jurisprudence, Sweet & Maxwell, London. (2001)
• Roger, Cottrell, The Sociology of Law (2nd ed.), Butterworth, London, (1990)
• …………. The Politics of Jurisprudence,……………………(1989)
• Wayne, Morrison, Jurisprudence : From Greeks to Past- Modernism, Lawman India Ltd, (1997)

Unit-2 Trends in Jurisprudence

Objectives of the Unit: To enable the students to understand issues an trends in jurisprudence

Contents in the Instructional Unit
1.Critical Legal studies
2. Liberalism, Neo-liberalism and post-liberalism
3. Post-modernism
4. Feminist Jurisprudence
5. Jurisprudence in Nepalese Perspective

Time for Each Unit: 20 hrs

Instructional Techniques for Each Unit: Lecture Method, Paper Presentation, Discussion, Question Answer

Materials for Instructions for Each Unit: White Board, Board marker Pen, OHP, Power Point

Assessment of Each Unit: Paper Presentation, Question Answer, Write ups

Reading Materials:
• Guy paulland, Judicial Process & the Decline o Twentieth Century American Liberalism 16 Harv, J OF Legis 2. at 283-3000, (1979)
• James Boyle, (ed), Critical Legal Students, Darmouth, Sydney, (1992)
• Karl-Heinz Ladeur, Post-Modern Constitutional Theory: A Prospect for the Self Organizing Society - The Future of Liberalism after the End of History, 60 Modern Law Review 5, at 617-629, (1997)
• Lon L-Fuller, Positivism & Fidelity to Law- Reply to Prof. Hart
• M.D.A. Freeman, Aloyds, Introduction to Jurisprudence, Sweet & Maxwell, London, (2001)

Unit-3 Theories of Justice

Objectives of the Unit: To familiarize the students with the concept of justice, equality and rule of law.

Contents in the Instructional Unit
1. Concept and Kinds of justice
2. Aristotle's Theory of Justice
3. Rawls Theory of Justice
4. Nozick's Theory of Justice
5. Dworkin's Theory of Justice
6. Justice, Equality and Rule of Law

Time for Each Unit: 20 hrs

Instructional Techniques for Each Unit:Lecture Method, Paper Presentation, Discussion, Question Answer.

Materials for Instructions for Each Unit: White Board, Board marker Pen, OHP, Power Point.

Assessment of Each Unit: Paper Presentation, Question Answer, Write ups.

Reading Materials:
• Bal Bahadur Mukhia, Comparative Jurisprudence, Malati & Agam Mukhia, Kathmandu, Nepal, (2004)
• Desmond S. King, The New Rights, The Dosey Press, Chicago, (1987)
• M.D.A Freeman, Lloyd's Introduction to Jurisprudence, Sweet & Maxwell, London, (2001)
• P.J Fitzgerald, Salmond on Jurisprudence, (12th ed), N.M Tripathi P.Ltd, Bombay, (1966)
• Ronald Dworkin, Taking Rights Seriously, Universal Book Traders, (1996)
• Stephen Guest, Ronald Dworkin, Edinburgh University Press, Edinburgh, (1992)

Unit-4 Social Dimension of Law

Objectives of the Unit: To acquaint the students with the social dimension of law.

Contents in the Instructional Unit
1. Theory of Social Engineering and Balancing of Interests
2. Law as an Instrument of social Change and Control
3. Participatory Law Making Process
4. Court, Public Interest Litigation and Alternative Dispute Resolution (ADR)

Time for Each Unit: 20 hrs

Instructional Techniques for Each Unit: Lecture, discussions

Materials for Instructions for Each Unit: White Board, Transparency Paper, Power Point.

Assessment of Each Unit: Paper Presentation

Reading Materials:
• David, M., Trubek, Back to the Future: The Short Happy of the Law and Society, Movement, 18, Florida State University, L.REV, 1 at 1, (1990)
• Ellen S Cohen & Susan O White, Legal Socialization Effects on Democratization, International Social Science Journal, UNESCO at 151-172, (1997)
• Joseph Raj, The Authority of Law, Clarendon Press, Oxford at 1963-179,(1979)
• Julius Stone, Human Law and Human Justice, Stanford University Press, Stanford at 322-356, (1968)
• R Cotterrell, The Sociological Concept of Law, 10 J.L & SOC, at 241, (1983)
• W Friedmann, Law in Changing Society (2nd ed), axwell, Universal Book Traders, (1997)

Unit-5 Critical Study of Jurisprudential Concepts

Objectives of the Unit: To enable the students to acquaint with study of critical Jurisprudential concepts.

Contents in the Instructional Unit
1. Concept of legal rights and Duties
2. Relationship between rights and duties
3. Legal and Natural Person
4. Sanctity of Person

Time for Each Unit: 10 hrs

Instructional Techniques for Each Unit: Lecture Method, Paper Presentation, Discussion, Question Answer.

Materials for Instructions for Each Unit: White Board, Board marker Pen, OHP, Power Point.

Assessment of Each Unit: Paper Presentation, Question Answer, Write ups.

Reading Materials:
• Bal Bahadur Mukhia, Comparative Jurisprudence : Social, Political and Economic Dimensions of law, A&M Mukhia, Kathmandu, Nepal, (2004)
• Desmond S. King, The New Rights, The Dosey Press, Chicago, (1987)
• John Rawls, A Theory of Justice, Oxford University Press, (1972)
• P.J. Fitzerald, Salmons on Jurisprudence ,(12th ed), N.M Tripathy P.Ltd, India, (1966)
• R.W.M Dias, Jurisprudence (3rd ed), Aditya Book Pub. Ltd, New Delhi, (1985)
• Ronald Dworkin, Taking Rights Seriously, Universal Book Traders (1st Indian Reprint), (1996)
• Roscoe Pound, Introduction to the Philosophy of Law (2nd ed), Yale University Press\Universal Law Pub, (1998)

Unit-6 Possession, Ownership and Liability

Objectives of the Unit: To familiarize the students with the concepts of possession, ownership and liability.

Contents in the Instructional Unit
1. Concept of possession
2. Possessory remedies
3. Concept of Ownership
4. Sanctity of Property
5. Concept of Liability
6. Civil and Criminal Liability

Time for Each Unit: 15 hrs

Instructional Techniques for Each Unit: Lecture Method, Paper Presentation, Discussion, Question Answer.

Materials for Instructions for Each Unit: White Board, Board marker Pen, OHP, Power Point.

Assessment of Each Unit: Paper Presentation, Question Answer, Write ups.

Reading Materials:
• Bal Bahadur Mukhia, Comparative Jurisprudence : Social, Political and Economic Dimensions of law, A&M Mukhia, Kathmandu, Nepal, (2004)
• Ellen S Cohen & Susan O White, Legal Socialization Effects on Democratization, International Social Science Journal, UNESCO (1997)
• Joseph Raj, The Authority of Law, Clarendon Press, Oxford at London, (1997)
• Julius Stone, Human Law and Human Justice, Stanford University Press, Stanford, (1968)
• M, Trubek David, Back to the Future: The Short Happy of the Law and Society Movement, 18 Florida State Univ. :L.Rev. 1, at 1, (1990)
• Roger Cottrell, The Sociology of Law (2nd ed), Butterworth, London, (1990)
• W Friedmann, Law in Changing Society (2nd ed), Sweet & Maxwell\ Universal Book Traders, (1997)