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Page 1 123 I. Natural Law School: II. Analytical School of Law: III. Historical School of Law: IV. Sociological School of Law: V. Realist School of Law: 1. St. Thomas Aquinas- Commentary on the Sentences; On Being and Essence; Against Those Who Assail the Worship of God and Religion. 2. Lon Fuller- Law in Quest of Itself; Basic Contract Law; Problems of Jurisprudence; The Morality of Law; Legal Fictions; Anatomy of Law. 3. Rudolf Stammler- The Theory of Justice. 4. John Rawls- A Theory of Justice; Political Liberalism; The Law of Peoples;Justice as Fairness. 5. Jeremy Bentham- Fragment on Government; An Introduction to the Principles of Morals andLegislation; The limits of jurisprudence defined. 6. John Austin -The Province of Jurisprudence Determined; Lectures on Jurisprudence. 7. H.L.A Hart -The Concept of Law; Liberty and Morality; The Morality of the Criminal Law; Punishment and Responsibility; Essays in Jurisprudence and Philosophy. 8. Mathew H.Kramer -Defense of Legal Positivism: Law Without Trimmings. 9. Savigny - The law of possession; On the vocation of our ages for legislation and jurisprudence. 10. Henry Maine - Ancient Law; Village-Communities; Early History of Institutions; Popular. 11. Roscoe Pound - Outlines of Lectures on Jurisprudence; The Spirit of the Common Law; Law and Morals; Criminal Justice in America. 12. Duguit -Treatise on Constitutional Law. 13. Eugene Ehrlich -Fundamental Principles of the Sociology of Law. 14. Rudolf von Ihering -Law as a Means to an End; The Struggle for Law. 15. Jerome Frank - Law and the Modern Mind; Courts on Trial. 16. Justice Oliver Wendell Holmes -The Common Law UNIT 02: CHAPTER 5 Major Works of Jurists Page 2 123 I. Natural Law School: II. Analytical School of Law: III. Historical School of Law: IV. Sociological School of Law: V. Realist School of Law: 1. St. Thomas Aquinas- Commentary on the Sentences; On Being and Essence; Against Those Who Assail the Worship of God and Religion. 2. Lon Fuller- Law in Quest of Itself; Basic Contract Law; Problems of Jurisprudence; The Morality of Law; Legal Fictions; Anatomy of Law. 3. Rudolf Stammler- The Theory of Justice. 4. John Rawls- A Theory of Justice; Political Liberalism; The Law of Peoples;Justice as Fairness. 5. Jeremy Bentham- Fragment on Government; An Introduction to the Principles of Morals andLegislation; The limits of jurisprudence defined. 6. John Austin -The Province of Jurisprudence Determined; Lectures on Jurisprudence. 7. H.L.A Hart -The Concept of Law; Liberty and Morality; The Morality of the Criminal Law; Punishment and Responsibility; Essays in Jurisprudence and Philosophy. 8. Mathew H.Kramer -Defense of Legal Positivism: Law Without Trimmings. 9. Savigny - The law of possession; On the vocation of our ages for legislation and jurisprudence. 10. Henry Maine - Ancient Law; Village-Communities; Early History of Institutions; Popular. 11. Roscoe Pound - Outlines of Lectures on Jurisprudence; The Spirit of the Common Law; Law and Morals; Criminal Justice in America. 12. Duguit -Treatise on Constitutional Law. 13. Eugene Ehrlich -Fundamental Principles of the Sociology of Law. 14. Rudolf von Ihering -Law as a Means to an End; The Struggle for Law. 15. Jerome Frank - Law and the Modern Mind; Courts on Trial. 16. Justice Oliver Wendell Holmes -The Common Law UNIT 02: CHAPTER 5 Major Works of Jurists 124 1) Differentiate between The Natural Law School and the Analytical Law School. 2) What is the need for law in a society? Can a country and its citizens be governed without any kind of law? 3) Discuss the philosophy of the Sociological approach to law. 4) What are the main features of the Realist School? 5) What are the benefits of classifying law? How many units are they classified into? Describe each, briefly. 6) Do you think custom as a source of law in India is relevant even during present times? Support your answer with appropriate reason and examples. 7) What do you understand by the term judicial precedent? 8) Define : i) Ratio Decidendi ii) Obiter Dicta. 9) Do judges play an important role in law-making? Discuss. 10) What do you understand by the term legislation? Briefly describe the types of legislation. 11) Why is delegated legislation considered a necessary evil? 12) Law reform is a tedious and gradual process. Discuss. 13) Trace the law reforms in Pre and Post-Independence India. Comprehension Questions Page 3 123 I. Natural Law School: II. Analytical School of Law: III. Historical School of Law: IV. Sociological School of Law: V. Realist School of Law: 1. St. Thomas Aquinas- Commentary on the Sentences; On Being and Essence; Against Those Who Assail the Worship of God and Religion. 2. Lon Fuller- Law in Quest of Itself; Basic Contract Law; Problems of Jurisprudence; The Morality of Law; Legal Fictions; Anatomy of Law. 3. Rudolf Stammler- The Theory of Justice. 4. John Rawls- A Theory of Justice; Political Liberalism; The Law of Peoples;Justice as Fairness. 5. Jeremy Bentham- Fragment on Government; An Introduction to the Principles of Morals andLegislation; The limits of jurisprudence defined. 6. John Austin -The Province of Jurisprudence Determined; Lectures on Jurisprudence. 7. H.L.A Hart -The Concept of Law; Liberty and Morality; The Morality of the Criminal Law; Punishment and Responsibility; Essays in Jurisprudence and Philosophy. 8. Mathew H.Kramer -Defense of Legal Positivism: Law Without Trimmings. 9. Savigny - The law of possession; On the vocation of our ages for legislation and jurisprudence. 10. Henry Maine - Ancient Law; Village-Communities; Early History of Institutions; Popular. 11. Roscoe Pound - Outlines of Lectures on Jurisprudence; The Spirit of the Common Law; Law and Morals; Criminal Justice in America. 12. Duguit -Treatise on Constitutional Law. 13. Eugene Ehrlich -Fundamental Principles of the Sociology of Law. 14. Rudolf von Ihering -Law as a Means to an End; The Struggle for Law. 15. Jerome Frank - Law and the Modern Mind; Courts on Trial. 16. Justice Oliver Wendell Holmes -The Common Law UNIT 02: CHAPTER 5 Major Works of Jurists 124 1) Differentiate between The Natural Law School and the Analytical Law School. 2) What is the need for law in a society? Can a country and its citizens be governed without any kind of law? 3) Discuss the philosophy of the Sociological approach to law. 4) What are the main features of the Realist School? 5) What are the benefits of classifying law? How many units are they classified into? Describe each, briefly. 6) Do you think custom as a source of law in India is relevant even during present times? Support your answer with appropriate reason and examples. 7) What do you understand by the term judicial precedent? 8) Define : i) Ratio Decidendi ii) Obiter Dicta. 9) Do judges play an important role in law-making? Discuss. 10) What do you understand by the term legislation? Briefly describe the types of legislation. 11) Why is delegated legislation considered a necessary evil? 12) Law reform is a tedious and gradual process. Discuss. 13) Trace the law reforms in Pre and Post-Independence India. Comprehension Questions 125 1) How do you find out whether a society has a very good legal system or not? What criteria should inform your opinion? Divide your class into two sections and hold a discussion. You may also watch some of the videos posted by Professor Michael Sandel at http://www.justiceharvard.org/watch/in guiding your debate. 2) Trace the historical development of Lok Pal Bill. Is there a need for Lok Pal bill in our country? 3) What is the need for the Right to Information in today's context? Case Study: ActivitiesRead More
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