Legal Theory & Jurisprudence by V.B Coutinho - Virtual Book

This book is suited for the modern-day students, in order to inculcate greater interest and to inspire them for research on the subject-matter of jurisprudence. The objective of this book is to ensure that there is a proper amalgam of ‘philosophical considerations’, ‘theoretical applications’ and the ‘practical solutions’ that would be required to be considered for the proper application of legal theory to different situations.

This book intends to serve as a guide for students (LL.B./B.A.LL.B), academicians and advocates.

The Present Publication authored by Prof. V.B. Coutinho, is the Latest Edition, with the following noteworthy features:

• This book summarizes the vast material available on the subject matter of jurisprudence, and to make students understand the theories and concepts underlying the subject matter
• This book attempts to make the students understand the theories and concepts of jurisprudence, in a timely manner
• Each chapter incorporates exercises at the end, for self-evaluation
• [Student-Oriented Book] This book has been developed, keeping in mind the following factors:
• Interaction of the author/teacher with his/her students in the class-room
• Shaped by the author/teachers experience of teaching the subject-matter at different levels
• Reaction and responses of students have also been incorporated at different places in the book
• The contents of the book are as follows:
• Importance of Legal Theory in the Application of Law
• The Importance of Theory
• The Role of Theory in Social Sciences
• Legal Theory in Action
• Legal Theory v. Jurisprudence
• Legal Theory as a Source of Power
• Legal Theory and Rules
• The Contribution made by Legal Scholars to Legal Theory
• The Need to Evolve Country Specific Legal Theory
• Natural Law – Natural Rights – Human Rights – Human Development – Freedom – Liberty – Equality – Fraternity
• Natural Law Theory linked to the Nature of Man
• Natural Law and the Concept of Dharma
• Natural Law as Conceived by Chinese Philosophers
• Natural Law as Propounded by Greek Philosophers
• Cicero’s Concept of Natural Law
• Aquinas on Natural Law
• Modern Theories of Natural Law
• Natural Law and Human Rights
• Human Rights and the Global Order
• The Bounty of Human Rights
• Amartya Sen on Human Rights and Capabilities
• Historical Evolution of Ideas – Sociological Theories – Social Engineering – Comparison with Other Theories
• The Problem of Defining Law
• The Purpose of Law
• Eugen Ehrlich (1862-1922)
• Dean Roscoe Pound and Social Engineering
• Justice Cardozo and the Method of Sociology
• The Impact of Sociological Theory
• Sociological Theory and National Integration
• Sociological Theory v. Positivist Theory
• The Advantages of Sociological Theory
• Judicial Process in Legal Theory
• The Recognised Sources of Law
• The Importance of Judicial Process
• Judicial Process in India
• The Birth of a Fundamental Right
• Benjamin Cardozo on the Judicial Process
• Analysing a Precedent
• Judicial Process v. Mounting and Unmanageable Litigation
• Law Commission of India on the Judicial Process
• Legal Theory and Legal Concepts
• Legal Concepts
• Benefits Arising out of the Analysis of Right
• Qualities of ‘Duty’
• Indian Legal System and the Concept of Duty
• Kinds of Legal Rights
• Possession in Law
• Ownership
• Different Forms of Ownership
• Persons
• Theories Regarding Legal Persons
• The Use and Purpose of Incorporation
• Law and Morality
• Introduction
• The Problem of Defining Law
• The Natural Law Theory
• The Positivist Theory
• Differing Views on Wolfenden Committee Report
• Issues Involving Morality Facing the Society
• Distinction between Public and Private Morality
• The Trend Setting Vishaka Judgment
• Strengthening of Laws Pertaining to Sexual Harassment and Rape
• New Trends in Society
• The Right to abort a Child
• Legal Theory in Pursuit of Justice
• The Concept of Justice
• Rawls and Sen on the Concept of Justice
• Social Justice through Affirmative Action
• Indian Constitution as a Source of Perennial Justice
• Social Justice for Scheduled Tribes and Scheduled Castes through Affirmative Action
• Justice to Religious and Linguistic Minorities
• Justice in Civil Proceedings
• Justice in Criminal Proceedings
• Need for a Fresh Approach
• Concept of Liability
• Strict Liability
• Vicarious Liability
• Justice to Women
• Justice to Children
• Quest for Justice not Elusive
• Legal Theory – Procedural Justice
• The Need for Quality Procedural Laws
• Common Law System Suited for India
• Jurisdiction of Civil Courts
• The Doctrine of res sub judice
• The Doctrine of res judicata
• Doctrine of Restitution
• Suit By or Against Government or Public Officers
• Doctrine of Inherent Powers of Courts
• Securing Rights through Caveat
• Filing of a Suit
• Filing of Appeals
• Distinction Between Right of Suit and Right of Appeal
• Justice Through Criminal Procedure
• Criminal Courts
• Appeals
• Providing Maintenance and Legal Aid as Justice for the Needy
• Granting of Bail as Protection of Liberty
• Administrative Justice
• Legal Theory and the Challenge of Globalisation
• World a Global Village
• Defining Globalization
• Limiting State Sovereignty under the Impact of globalization
• Need to Follow Policy of Peaceful Development
• Nations to Pursue Policy of Peace and Reconciliation
• Implementing Programmes of Global Justice for Workmen
• Ensuring Education to Masses
• Use of Technology to Provide Education to the Masses
• Protection of Environment
• Encouraging Immigration and Integration
• Protection of Intellectual Property Rights
• Legal Theory – Right to Property – Use of Property for Social Benefit
• Owning Property a Basic Right
• Theories Regarding Property
• Property Rights in India
• The Eternal Message of Tulk v. Moxhay
• The Marxist Views on Property
• John Locke and Adam Smith on Property
• Views and Declarations in Favour of Private Property
• Characteristics of Property
• Modes of Acquiring Property