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A text book of jurisprudence

By: Contributor(s):
Publication details: New Delhi Oxford University Press 2004Description: 659pISBN:
  • 9780195670653
  • 0195670655
Subject(s): DDC classification:
  • 340.100000 PAT-2
Contents:
CONTENTS: BOOK I; INTRODUCTION; I. THE NATURE OF JURISPRUDENCE; 1. Introduction; 2. The Schools of Jurisprudence; 3. Bentham (1748- 1832); 4. John Austin and the Imperative School; 5. The Pure Science of Law; 6. The Historical School; 7. The Functional School; 8. The Sociology of Law; 9. The Teleological School; 10. The Scandinavian Realists; 11. Comparative Law; 12. The Scope of Jurisprudence; II. THE EVOLUTION OF LAW; 13. The Primitive Community; 14. Primitive Law; 15. Middle Law; 16. Classical Law; 17. Post-classical Law; III. THE DEFINITION OF LAW; 18. Introduction; 19. Law, Ethics, and Positive Morality; 20. The Imperative Definition; 21. The Problem of International Law; 22. Definition of Law in Terms of the Judicial Process; 23. Definition of Law in Terms of its Purpose; 24. Formal Definitions of Law; 25. Definition of Law as Social Fact; 26. Conclusion; BOOK II; THE PURPOSE OF LAW; IV. NATURAL LAW; 27. Introduction; 28. Greece; 29. Rome; 30. The Christian Fathers; 31. The Middle Ages; 32. The Seventeenth Century; 33. Natural Rights; 34. Modem Theories; 35. The Common Law Approach; V. LAW AS THE PROTECTION OF INTERESTS; 36. The Problems of a Jurisprudence of Interests; 37. Social Interests; 38. Private Interests; BOOK III; SOURCES OF LAW; VI. THE SOURCES OF LAW; 39. Meaning of the Term Source; VII. CUSTOM; 40. Origin and Limits of Custom; 41. The Common Law Approach; VIII. THE JUDICIAL METHOD; 42. Introduction; 43. Law, Logic, and Science; 44. The Facts and the Law; 45. Precedent; 46. Sources where there is no Authority; 47. Fixity and Discretion; 48. Principles, Standards, Concepts, and Rules; IX. STATUTES AND CODES; 49. Comparison of Case Law and Statute; 50. Consolidation; 51. Statutory Interpretation in England; 52. Codification; 53. The Growing Importance of Statute Law; 54. Law Reform; X. JURISTIC WRITINGS AND PROFESSIONAL OPINION; 55. Influence of Juristic Writings and Professional Opinion; 56. The Function of the Textbook; BOOK IV; THE TECHNIQUE OF THE LAW; XI. CLASSIFICATION; 57. The Purpose of Classification; 58. Possible Methods of Classification; 59. The Arrangement Adopted; 60. Subordinate Classifications; 61. Legal Personality-An Introductory Note; XII. RIGHTS AND DUTIES; 62. Analysis of a Right; 63. Claim, Liberty, Power, Immunity; 64. Absolute and Relative Duties; 65. Classification of Legal Rights; 66. The Creation and Extinction of Rights; XIII. TITLES, ACTS, EVENTS; 67. Titles or Operative Facts; 68. An Act as the Basis of Liability in Crime and Tort; 69. Juristic Acts; 70. Types of Juristic Acts; 71. Acts of the Law; 72. Representation in a Juristic Act; 73. Assignment; BOOK V; PUBLIC LAW; XIV. LAW AND THE STATE; 74. Distinction between Public and Private Law; 75. The Separation of Powers; 76. Law and the State; 77. The State as a Legal Person; XV. CRIMINAL LAW; 78. Introduction; 79. Theories of Punishment; 80. The Causes of Crime; 81. Modes of Punishment; 82. Analysis of Criminal Liability; 83. Nulla poena sine lege; BOOK VI; PRIVATE LAW; XVI. THE CONCEPT OF LEGAL PERSONALITY; 84. Introduction; 85. The Nature of Legal Personality; 86. Natural Persons; 87. Status; 88. Evolution of the Notion of Corporate Personality; 89. Types of Incorporation; 90. Theories of the Nature of Corporate Personality; 91. Some Practical Problems; 92. Associations; XVII. RIGHTS CREATED BY A JURISTIC ACT; 93. Introduction; 94. Rights created by Agreement; 95. Evolution of the Concept of Contract; 96. Causa and Consideration; 97. Theories of the Nature of a Contract; 98. Sale and Hire-purchase; 99. Modern Developments; 100. Mistake, Misrepresentation, Duress; 101. Unilateral Juristic Acts; XVIII. RIGHTS DIRECTLY CREATED BY LAW; 102. Introduction 103. Delict; 104. Purpose of the Law of Delict; 105. Standards of Care; 106. Abuse of Rights; 107. Functional Analysis; 108. Quasi-contract; 109. Unjust Enrichment; XIX. REMEDIAL RIGHTS; 110. Introduction; 111. Types of Remedial Rights; XX. EXTINCTION OF RIGHTS; 112. Extinction of Rights; XXI. THE CONCEPT OF PROPERTY; 113. Introduction; 114. Things; 115. Dominium and Ownership; 116. Ius in re aliena; 117. The Trust; 118. Analysis; ·of Property in the Modern World; 119. Theories of Property; 120. Acquisition inter vivos; 121. Succession on Death; XXII. THE CONCEPT OF POSSESSION; 122. Introduction; 123. The Struggle of Convenience and Theory; 124. Illustrative Cases and Rules; 125. Analysis of Possession; 126. Mediate and Immediate Possession; XXIII. LAW OF PROCEDURE; 127. Introduction; 128. Summons; 129. Pleading and Practice; 130. Proof; 131. Appeal; INDEX OF CASES; INDEX.
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BOOKs BOOKs National Law School Library Compactors 340.1 PAT-2 (Browse shelf(Opens below)) Available 21810

CONTENTS:
BOOK I;
INTRODUCTION;
I. THE NATURE OF JURISPRUDENCE;
1. Introduction;
2. The Schools of Jurisprudence;
3. Bentham (1748- 1832);
4. John Austin and the Imperative School;
5. The Pure Science of Law;
6. The Historical School;
7. The Functional School;
8. The Sociology of Law;
9. The Teleological School;
10. The Scandinavian Realists;
11. Comparative Law;
12. The Scope of Jurisprudence; II. THE EVOLUTION OF LAW;
13. The Primitive Community;
14. Primitive Law;
15. Middle Law;
16. Classical Law;
17. Post-classical Law;
III. THE DEFINITION OF LAW;
18. Introduction;
19. Law, Ethics, and Positive Morality;
20. The Imperative Definition;
21. The Problem of International Law;
22. Definition of Law in Terms of the Judicial Process;
23. Definition of Law in Terms of its Purpose;
24. Formal Definitions of Law;
25. Definition of Law as Social Fact;
26. Conclusion;
BOOK II;
THE PURPOSE OF LAW;
IV. NATURAL LAW;
27. Introduction;
28. Greece;
29. Rome;
30. The Christian Fathers;
31. The Middle Ages;
32. The Seventeenth Century;
33. Natural Rights;
34. Modem Theories;
35. The Common Law Approach;
V. LAW AS THE PROTECTION OF INTERESTS;
36. The Problems of a Jurisprudence of Interests;
37. Social Interests;
38. Private Interests;
BOOK III;
SOURCES OF LAW;
VI. THE SOURCES OF LAW;
39. Meaning of the Term Source;
VII. CUSTOM;
40. Origin and Limits of Custom;
41. The Common Law Approach;
VIII. THE JUDICIAL METHOD;
42. Introduction;
43. Law, Logic, and Science;
44. The Facts and the Law;
45. Precedent;
46. Sources where there is no Authority;
47. Fixity and Discretion;
48. Principles, Standards, Concepts, and Rules;
IX. STATUTES AND CODES;
49. Comparison of Case Law and Statute;
50. Consolidation;
51. Statutory Interpretation in England;
52. Codification;
53. The Growing Importance of Statute Law;
54. Law Reform;
X. JURISTIC WRITINGS AND PROFESSIONAL OPINION;
55. Influence of Juristic Writings and Professional Opinion;
56. The Function of the Textbook;
BOOK IV;
THE TECHNIQUE OF THE LAW;
XI. CLASSIFICATION;
57. The Purpose of Classification;
58. Possible Methods of Classification;
59. The Arrangement Adopted;
60. Subordinate Classifications;
61. Legal Personality-An Introductory Note;
XII. RIGHTS AND DUTIES;
62. Analysis of a Right;
63. Claim, Liberty, Power, Immunity;
64. Absolute and Relative Duties;
65. Classification of Legal Rights;
66. The Creation and Extinction of Rights;
XIII. TITLES, ACTS, EVENTS;
67. Titles or Operative Facts;
68. An Act as the Basis of Liability in Crime and Tort;
69. Juristic Acts;
70. Types of Juristic Acts;
71. Acts of the Law;
72. Representation in a Juristic Act;
73. Assignment;
BOOK V;
PUBLIC LAW;
XIV. LAW AND THE STATE;
74. Distinction between Public and Private Law;
75. The Separation of Powers;
76. Law and the State;
77. The State as a Legal Person;
XV. CRIMINAL LAW;
78. Introduction;
79. Theories of Punishment;
80. The Causes of Crime;
81. Modes of Punishment;
82. Analysis of Criminal Liability;
83. Nulla poena sine lege;
BOOK VI;
PRIVATE LAW;
XVI. THE CONCEPT OF LEGAL PERSONALITY;
84. Introduction;
85. The Nature of Legal Personality;
86. Natural Persons;
87. Status;
88. Evolution of the Notion of Corporate Personality;
89. Types of Incorporation;
90. Theories of the Nature of Corporate Personality;
91. Some Practical Problems;
92. Associations;
XVII. RIGHTS CREATED BY A JURISTIC ACT;
93. Introduction;
94. Rights created by Agreement;
95. Evolution of the Concept of Contract;
96. Causa and Consideration;
97. Theories of the Nature of a Contract;
98. Sale and Hire-purchase;
99. Modern Developments;
100. Mistake, Misrepresentation, Duress;
101. Unilateral Juristic Acts;
XVIII. RIGHTS DIRECTLY CREATED BY LAW;
102. Introduction
103. Delict;
104. Purpose of the Law of Delict;
105. Standards of Care;
106. Abuse of Rights;
107. Functional Analysis;
108. Quasi-contract;
109. Unjust Enrichment;
XIX. REMEDIAL RIGHTS;
110. Introduction;
111. Types of Remedial Rights;
XX. EXTINCTION OF RIGHTS;
112. Extinction of Rights;
XXI. THE CONCEPT OF PROPERTY;
113. Introduction;
114. Things;
115. Dominium and Ownership;
116. Ius in re aliena;
117. The Trust;
118. Analysis;
·of Property in the Modern World;
119. Theories of Property;
120. Acquisition inter vivos;
121. Succession on Death;
XXII. THE CONCEPT OF POSSESSION;
122. Introduction;
123. The Struggle of Convenience and Theory;
124. Illustrative Cases and Rules;
125. Analysis of Possession;
126. Mediate and Immediate Possession;
XXIII. LAW OF PROCEDURE;
127. Introduction;
128. Summons;
129. Pleading and Practice;
130. Proof;
131. Appeal;
INDEX OF CASES;
INDEX.

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