This document outlines the key concepts of jurisprudence, legal theory, and principles of legislation, including definitions, schools of thought, and the relationship between law and morality. It covers sources of law, the doctrine of stare decisis, elements of law, and various theories of legislation and interpretation. Additionally, it discusses different kinds of statutes and their components, including the General Clauses Act, 1897.
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Module
This document outlines the key concepts of jurisprudence, legal theory, and principles of legislation, including definitions, schools of thought, and the relationship between law and morality. It covers sources of law, the doctrine of stare decisis, elements of law, and various theories of legislation and interpretation. Additionally, it discusses different kinds of statutes and their components, including the General Clauses Act, 1897.
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MODULE- I: JURISPRUDENCE, LEGAL THEORY, PRINCIPLES OF
LEGISLATION, LEGISLATIVE DRAFTING AND INTERPRETATION
(5 MARKS) Definition and schools of jurisprudence- theories of justice- relationship between law and morality- sources of law including legislation, custom, precedent and international conventions and treaties-
doctrine of stare decisis- ratio decidendi - obiter dicta -
overruling – prospective overruling – elements of law including legal right, duty, liability, property, ownership, possession and title; and their classifications- Utilitarian theory of legislation- general principles of interpretation- construction of statutes grammatical rule- logical rule- golden rule- mischief rule- ejusdem generis rule specific principles of interpretation- contextual interpretation- historical interpretation contemporaneous exposition- in pari materia- in bonam partem- strict interpretation beneficial interpretation- interpretation of penal statutes and fiscal statutes interpretation of Constitution-
different kinds of statutes- contents of a statute- nonobstante