031 - An Introduction To Jurisprudence (Legal Theory) (150-152)

AN INTRODUCTION TO JURISPRUDENCE (LEGAL THEORY)
(18T H EDITION, 2008). By B.N. Mani Tripathi. Allahabad Law Agency,

Plot No. 33, 16/2 Mathura Road, Faridabad-121 002. Pp. xxxi+491.
Price Rs. 280/-.
MODERN JURISPRUDENCE trenches on the fields of social sciences

and philosophy. Jurisprudence is no longer confined to a mere analysis of
the legal concepts or discussion on the nature of law or the working of
an authority. It is concerned with law as it exists and functions in society,
the creation and enforcement of law, effect of historical customs and
social developments on the growth of law and the role played by law in
shaping the society. In recent times, the scope of jurisprudence has grown
tremendously and it is no longer confined to a mere study of an abstract
body of rules and theories. Development in the field of jurisprudence is
impacted by legislation, judicial decisions and juristic theories. The subject
of jurisprudence cannot be studied in isolation; requires a study of law in
relation to different legal institutions, legal processes and inter-related
study with other disciplines.
The current review refers to the eighteenth edition of this book
authored by B.N. Mani Tripathi.! Much has been added to the present
edition in terms of case law and recent developments in the field of
socio-economic philosophy and human rights. The entire manuscript of
this book has been divided into six parts consisting of 40 chapters in all.
Part 1 contains ten chapters dealing with legal theory. These chapters
present a detailed study of various schools of jurisprudence. Different
approaches and theories towards understanding of law and legal methods,
starting from the analytical to the realist have been explained. The growth,
then downfall and the subsequent revival of the 'natural law' in the
twentieth century have been traced in chapter ten. Separate chapters have
been devoted to the study of the communist and the Hindu legal theories.
However, the author seems to have rushed through the introductory
chapter which leaves much to be desired in terms of explaining the
1. B.N. Mani Tripathi, An Introduction to Jurisprudence (Legal Theory) (18 th ed.,

2010).
150
2011] Book Reviews 151
nature and scope of this subject, Moreover, the schools and their ideologies
could have been supplemented with illustrations and examples of Indian
cases so as to contextualise them for a better understanding of the readers.
The author may also incorporate some legal problems such as the one
presented in Speluncean Explorers case to give the readers an insight into
the working of the judicial process and how it is influenced by the
various schools of thought.
In part 2, the author discusses the definition of the term 'Law'. The
nature, purpose and function of law have been explained. The author
critically analyses the existing classification of law as being obsolete and
gives suggestion for a new classification which would include all the new
and emerging branches of law too. The study of jurisprudence is incomplete
without understanding the working of the legal system and the legal
process. The author further proceeds in this part with an in-depth analysis
of 'State', its elements, the development of the concept of 'Sovereignty'
along with a discussion on the advantages as well as disadvaneages of the
administration of justice.
After knowing what the law is, the quest is to know where it has
come from? Part 3 focuses mainly on the ancient as well as modern
sources of law. The three most important sources of custom, legislation
and precedent have been explained and their utility has been critically
analysed. Besides the sources, principles of statutory interpretation and
the significance of codification for legal reforms in modern times have
also been discussed. In Chapter 25, a separate part has been dedicated to
the understanding of the rules of interpretation in ancient India. This part
is extensively researched and contains very valuable information, which
must necessarily be read by all the students of Hindu jurisprudence. The
author has also brought forth the rising importance of expert opinion
and authoritative text books in legal matters.
In part 4, the author dwells on to the concept of law. This part
consists of six chapters dealing with Legal Rights, Duties, Ownership,
Possession, Liability, Property and Legal Personality. All the concepts
have been explained in detail. The reviewer, however, feels that the topic
of 'Rights' should have been dealt with in a more exhaustive manner,
especially the Hohfeldian analysis could have been explained more
elaborately with the help of illustrations and examples to impart more
clarity to the readers. In addition to a jurisprudential analysis, these concepts
should also be subjected to a philosophical analysis to make this part
more informative and useful.
152 Journal 0/ the Indian Law Institute Vol. 53 : 1
Explaining the dynamics of law, the author emphasises on the

importance of dropping outdated rules and adoption of new rules as per
requirements of social necessities. New developments in law and the
emergence of socio-economic philosophy along with the concepts of
Legal Aid, Lok Adalats, Public Interest Litigation and aspects relating to
the Interpretation of Welfare Legislation have been addressed in part 5
of the book. The author cautions against the misuse of public interest
litigations to serve vested interests. Chapter 36 in this part is a
chronological exposition of the development of the concept of private
property. All the related constitutional amendments have been analysed
with the help of judicial decisions. However, the reviewer feels that this
part would remain incomplete without a mention of the women's
movement and a chapter on feminist legal jurisprudence is conspicuous
by its absence. It is hoped that it will be included in the next edition of
this book.
In part 6, the author presents an anthology of the Universal Declaration
of Human Rights as well as a wide gamut of other covenants relating to
human rights. The last part comprising of a single chapter is entirely
devoted in a comprehensive manner towards the human rights
jurisprudence and the history of its development in India by the legislature
as well as courts. The author has also critically analysed the working of
the National Human Rights Commission and the Human Rights Courts.
The author makes a fleeting reference to the Convention on the Elimination
of all forms of Discrimination Against Women (CEDAW) but avoids
any reference to the constitution and the working of the National
Commission for Women (NCW).
On the whole, this book has been written in a clear and lucid manner
and serves as a ready reckoner on this important subject. It is ideal for
LL.B students as it covers nearly all the topics prescribed by the Bar
Council of India as curriculum at the graduation level. The selected
bibliography and extensive list of cases can be a useful aid for researchers
wishing to further pursue their study or research on any topic in
jurisprudence. Priced modestly at Rs. 2801- for such a vast reservoir of
information on jurisprudence, this book is an indispensable part of any
law library.
Vageshwari*
* LL.M., Ph.D., Assistant Professor, Law Centre - II, Faculty of Law, University
of Delhi, Delhi-I 10021. E-mail: [email protected]

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AN INTRODUCTION TO JURISPRUDENCE (LEGAL THEORY)

(18T H EDITION, 2008). By B.N. Mani Tripathi. Allahabad Law Agency,

MODERN JURISPRUDENCE trenches on the fields of social sciences

1. B.N. Mani Tripathi, An Introduction to Jurisprudence (Legal Theory) (18 th ed.,

Explaining the dynamics of law, the author emphasises on the

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