Jurisprudence (Legal Theory)

Discuss the Historical School of Jurisprudence as propounded by Friedrich Carl von Savigny. Explain his concept of 'Volksgeist' (spirit of the people) and its role in the development of law. How did Sir Henry Maine modify and extend the historical approach in his work 'Ancient Law' (1861) through his thesis on the movement of progressive societies from 'Status to Contract'? Critically evaluate the relevance of the Historical School in modern legal systems.[10 Marks]

Explain the concept of 'rights' and 'duties' in jurisprudence. Discuss Salmond's classification of legal rights — perfect and imperfect rights, positive and negative rights, rights in rem and rights in personam, proprietary and personal rights, principal and accessory rights, vested and contingent rights. How does the concept of 'duty' correlate with 'right' in the Hohfeldian framework?[10 Marks]

Critically examine Roscoe Pound's theory of 'social engineering' and his classification of interests. How does Pound's functional approach to law seek to balance competing individual, public, and social interests? Compare Pound's approach with Julius Stone's concept of 'jural postulates of civilised society'. What criticisms have been directed at Pound's theory?[10 Marks]

Discuss the concept of 'possession' in jurisprudence. Explain the elements of possession — corpus possessionis and animus possidendi — as analysed by Savigny and Ihering. How does Ihering's objective theory of possession differ from Savigny's subjective theory? Discuss the various kinds of possession — corporeal and incorporeal, mediate and immediate, constructive and adverse possession. What is the significance of possession in law?[10 Marks]

Analyse the concept of 'liability' in jurisprudence. Discuss the theories of liability — the subjective theory (based on fault/intention), the objective theory (based on risk/strict liability), and the theory of absolute liability. Distinguish between civil and criminal liability. Explain the concepts of vicarious liability and its jurisprudential basis with reference to Salmond's views and the maxim respondeat superior.[10 Marks]

'X', a Hindu, establishes a temple and installs an idol of a deity. He endows certain properties to the deity for its maintenance. After X's death, a dispute arises regarding the ownership of the endowed properties. X's legal heirs claim that the properties belong to them as X was the real owner. The temple trustees contend that the deity, as a juristic person, is the rightful owner. Analyse this problem in light of: (a) The theories of legal personality — fiction theory (Savigny), concession theory (Dicey), realist/organic theory (Gierke), purpose theory (Brinz), and bracket theory (Ihering); (b) The recognition of an idol as a juristic person in Indian law, referring to Pramatha Nath Mullick v. Pradyumna Kumar Mullick (1925) and Shiromani Gurdwara Parbandhak Committee v. Shri Som Nath Dass (2000); (c) Whether a legal person can own property and exercise rights through a guardian or representative.[15 Marks]

Critically evaluate the debate on the relationship between law and morality. Discuss the views of the Natural Law School (morality is integral to law), the Positivist School (law and morality are separate — Austin's 'separation thesis'), and H.L.A. Hart's 'minimum content of natural law'. Analyse the famous Hart-Fuller debate on the 'grudge informer' problem and the Hart-Devlin debate on the Wolfenden Report (1957) regarding the enforcement of morality through law. Can an 'unjust law' be regarded as valid law? Illustrate with reference to the apartheid laws and the Nuremberg trials.[15 Marks]

Write a short note on 'sources of law'. Distinguish between formal and material sources. Discuss legislation, precedent, custom, and juristic writings as sources of law according to Salmond.[5 Marks]

Explain the concept of 'person' in jurisprudence. Distinguish between 'natural person' and 'legal/juristic person'. Can animals, rivers, or artificial intelligence be granted legal personality? Refer to recent developments in Indian law such as the Uttarakhand High Court's decision in Mohd. Salim v. State of Uttarakhand (2017) regarding the Ganga and Yamuna rivers.[5 Marks]

Discuss the concept of 'property' in jurisprudence. Explain the distinction between corporeal and incorporeal property, movable and immovable property. What are the incidents of ownership of property according to Honore's analysis (the 'liberal concept of ownership')?[5 Marks]

Write a short note on Lon Fuller's eight desiderata of the 'inner morality of law' (generality, promulgation, non-retroactivity, clarity, non-contradiction, possibility of compliance, constancy, and congruence between rules and official action). Discuss with reference to his allegory of King Rex in 'The Morality of Law' (1964).[5 Marks]

Explain the concept of 'obligation' in jurisprudence. Distinguish between moral and legal obligations. Discuss the sources of obligations — contract, tort, quasi-contract, trust, and statutory duty. Refer to Salmond's classification of obligations.[5 Marks]