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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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0% found this document useful (0 votes)
5 views1 page

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.

Uploaded by

mrvilln25
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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


clause- proviso- General Clauses Act, 1897

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