Jurisprudence
Jurisprudence
Jurisprudence
1. Sociological jurists are concerned more with the working of law rather than with the nature of law.
They regarded law as a body of authoritative guides to decision and of the judicial and administrative
processes rather than abstract content of authoritative precepts.
2. It considers law as a social institution which can be consciously made and also changed, modified or
retained on the basis of experience. In other words, it synthesizes both the analytical and historical
approach to the study of law.
3. Sociological Jurists lay emphasis upon social purposes and social goals and expectations which are the
law subserves rather upon sanctions and coercive character of law.
4. Sociological jurists look on legal institutions, doctrines and precepts functionally and consider the
form of legal precepts as a matter of means only to satisfy greatest good of the greatest number.
2. “Possession is nine points of law” Explain and discuss the nature and
scope of possessory remedies.
In the Hatfield-McCoy feud, with testimony evenly divided, the doctrine that
possession is nine-tenths of the law caused Floyd Hatfield to retain
possession of the pig that the McCoys claimed was their property.[5] It has
been argued that in some situations, possession is ten-tenths of the law.[6]
While the concept is older, the phrase "Possession is nine-tenths of the law"
is often claimed to date from the 16th century.[7] In some countries,
possession is not nine-tenths of the law, but rather the onus is on the
possessor to substantiate his ownership.[8]
This concept has been applied to both tangible and intangible products.[9] In
particular, "knowledge management" presents problems with regard to this
principle.[10] Google's possession of a large amount of content has been the
cause of some wariness due to this principle.[11] It has been said that there
was a time in which the attitude towards rights over genetic resources was
that possession is nine tenths of the law, and for the other tenth reliance
could be made on the principle that biological resources were the heritage of
mankind.[12]
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1. Discuss the various definitions of jurisprudence as defined by different
jurists. Jurisprudence is often said to be “the eye of Law”. Explain it
focusing on utility.
2. Explain the concept of law as given by Austin. State the merits and
demerits of the “Austinian concept of Law”. How for is Austinian
concept of law correct for India Today?
3. Define liability. Analyze various kinds of liability with suitable
illustrations.
4. What do you understand by “possession”? What are the elements of
possession? How does it differ from ownership?
5. Analyze legislation as a source of law. What are the advantages of
legislation over precedent?
6. Write short notes on any four of the following:
a. Necessity administration of justice
b. Golden rule of interpretation of statues
c. Principal and accessory rights
d. Relation between state and law
e. Legal status of dead persons
f. Essentials of a valid custom
7. Attempt any 5 of the following:
a. What is the meaning of sovereignty of a state?
b. What is grundnorm?
c. Define codification.
d. Distinguish between supreme legislation and delegated
legislation.
e. What is the meaning of property?
f. Define ration decidendi.
2017