HOW TO APPROACH STUDY OF JURISPRUDENCE FOR LLM ENTRANCE EXAMS WHICH HAVE
MCQs AS QUESTIONS
JURISPRUDENCE FOR CLAT, AILET, BHU SET, DU LLM and OTHER EXAMS
In Jurisprudence we
study about the various philosophies related to law. As lawyers, we must be
able to play with legal concepts, like defining a legal concept from various
viewpoints while keeping different facets and parameters in mind. Powerful, assertive arguments which leave an
impact upon the judge or any listener are made only when the lawyer has sound
knowledge of the concept of law he is dealing in, and can foresee and
understand the argument that his opponent might produce. Jurisprudence gives us the tools, food for
thought for our minds, the different approaches of jurists that can be adopted
from the subject will help in dealing with the topic at hand. By understanding
a particular topic from the viewpoints of various jurists, the scope of our own
imagination widens up, and ideally now we are able to approach the topic in our
own impactful manner. In Jurisprudence we study the necessity of law, the definitions
of law, the different opinion on what law should do, how it should behave, and
how to make law more effective to meet the ends. Various concepts, like right,
liability, sources of law, duty, personality, ownership, possession, etc, are
studied in their various facets, so that we may choose that particular line of
thinking which is best supportive of our needs, or even better we develop our
own on the basis of these sound and time tested legal theories.
To give a practical example, Hofield had propounded that jural correlative of immunity is disability. This means that existence of one in a person means existence of the other in the second person, and this shall govern the jural relationship between them. In the case of PV Narsimha Rao, being a Member of Parliament had immunity from prosecution under law. In a case against him the Supreme Court found itself disabled to take action against him because of supervening immunity. Shri Narsimharao had immunity; consequently the Supreme Court had disability. This jural correlation is studied in Jurisprudence.
There are 6 schools in jurisprudence. There
are many jurists who have propounded various tenets with respect to the school
which they patronize. Nearly each jurist has their own opinion on subject
matter, purpose, strategy of `law`, which is oftentimes as per the premise of
the particular school they ascribe to. Now, this philosophy also characterizes
the way they approach and define legal concepts like right, duty, obligation,
justice, sources of law, etc. Most of the questions are formed from within the
contents of the studies about school. Names of jurists who ascribe to a school,
their quotations (in which they define concepts, comment, applaud, and
criticize the concepts or opinions of other jurists), the books they have
written, their own contributions are asked in exams.
While studying
Jurisprudence the student must try to relate a jurist to his school, so that
understanding of his opinions becomes easy, and consequently it is easy to
predict and relate his opinions to various legal concepts which are studied in
the other half of book after schools. Like, if we know that Analytical School
doesn`t consider judge made laws as valid laws, it will not consider precedent
or custom a law, it will favor legislation. If we know that Savigny is a
proponent of Historical School, he will consider Custom an important source of
law, rather than legislation. One can study the subject chapter wise as given
in various books, i.e., first schools, then sources of law, then legal
concepts, or can study it from view point of a jurist, by selecting a jurist
and learning about him and all his opinions towards his school, criticism of
other schools and the legal concepts.
Quotations of various
jurists, definitions given by them, the books they have written, their
criticisms of other jurists are to be given special attention, as these form
the major part of question paper on Jurisprudence. It is also advised that once
you study the subject even cursorily, you will be able to formulate your own
strategy to approach the subject.
Suggested books are
NV Paranjape and VD Mahajan. The blog will contain notes and questions from
content of both books. One can go through the blog, get an idea of pattern of
questions, and can devise his/her approach to study the subject from book.
Various LLM guides like Singhal, Universal, Lexis Nexis, AK Jain contain a host
of questions on Jurisprudence. One should go through the Multiple Choice
Questions given in them thoroughly. But be sure to verify the answers from text
books. Not always, but oftentimes the answers given in the guides are wrong.
There is no replace for a sound study of core books.
JURISPRUDENCE FOR CLAT, AILET, BHU SET, DU LLM and OTHER EXAMS
All rights reserved with Lex Luminati (c) Copyright 2017
No comments:
Post a Comment