Jurisprudence asks the questions behind every other law subject: what law is, where it comes from, and what rights, possession and ownership really mean. Dr. B.N. Mani Tripathi’s Jurisprudence (Legal Theory) covers it in six parts and 40 chapters.
Part I – Legal Theory and the Schools of Law
Introduction; Concept of Legal Theory; Analytical School; Historical School; the Sociological School; Philosophical School; the Realist School; the Pure Theory of Law; Communist Legal Theory; Hindu Legal Theory; Natural Law.
Part II – Law, State and Justice
Definition of Law; Nature, Purpose and Function of Law; the Kinds of Law; the Classification of Law; Law and Morals; the State; Sovereignty; the Administration of Justice.
Part III – Sources of Law
Sources of Law; Custom; Precedent; Legislation; Statutory Interpretation; Codification; Some Other Sources of Law.
Part IV – Legal Concepts
Rights and Duties; Persons; Possession; Ownership; Liability; Property; Intellectual Property.
Part V – Law and Society
Law and Social Change; the Constitution and Socio-Economic Philosophy; Private Property; Legal Aid; Social Action Litigation or Public Interest Litigation; Welfare Legislation and its Interpretation.
Part VI – Human Rights
How to Study It
- Learn the schools of law in Part I side by side, and for each one note what it says law is and who its main thinkers are. Comparison questions are common.
- Part III (custom, precedent, legislation) and Part IV (rights, possession, ownership) are the core concept chapters. They are worth revising more than once.
- Part V connects jurisprudence to Indian constitutional practice: legal aid, PIL and welfare legislation.
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