Class 11 Jurisprudence Legal Theories

Secondary Education Curriculum
2076(CDC)
Jurisprudence Legal Theories

Working hrs: 160

1. Introduction

Jurisprudence is considered as the indispensable subject for the study of any law courses. It includes principles, methods and process to study law; and conceptualizes the underlying philosophy and thoughts of any law. Teaching of jurisprudence is vital for the enhancement of the capacity of students towards realistic interpretation of the provisions of law.

This curriculum, which embodies underlying principles, theories and concepts of law, is introduced primarily with a view to impart to students with foundational knowledge on principles, theories and concepts of law. Through this curriculum, students will practically be able to know about law and its importance, its sources and significance in society and; making and enforcing institutions of law.

Contents in the subject have been selected in such a way that it will cater skills of understanding legal systems and uses in legal practices to the students even in the changed context and situation of the legal system in the country. It incorporates the level-wise competencies, grade-wise leaning outcomes, scope and sequence of contents, suggested practical/project activities, learning facilitation process and assessment strategies so as to enhance the learning on the subject systematically.

2. Competencies

At the end of this course, the students will have developed the following competencies:

1. Explain the importance, definition and types of law
2. Discuss several legal thoughts and concepts which are in use in the field of the study of law.
3. Explain general principles and legal thoughts including certain underlying principles which collectively constitute the subject jurisprudence
4. Distinguish between eastern and western legal thoughts and practices
5. Demonstrate understanding about various legal concepts and their implications in understanding of the regime and basis of various legal concepts prevalent in Nepal
6. Illustrate and interpret various legal concepts and their implications in understanding of the regime and basis of various legal concepts prevalent in Nepal
7. Explain and analyze the judicial institutions and their functions from the standpoint of upholding the notion of justice

Scope and Sequence of Contents

1. Introduction to Law and Jurisprudence (20 Working Hours)

1.1 Concept and meaning of law
1.2 Characteristics of law
1.3 Importance of law
1.4 Concept and meaning of jurisprudence
1.5 Kinds of jurisprudence
1.6 Scope of jurisprudence

2. Types of Law (12 Working Hours)

2.1 Substantive and procedural law
2.2 Civil and criminal law
2.3 Public and private law
2.4 National and international Law
2.5 Constitutional law and administrative law
2.6 Federal law, state Law and local law
2.7 Others: commercial law, contract law, Tort law, environment law, family law, cyber law

3. Sources of Law (6 Working Hours)

3.1 Sources of law
3.1.1 Custom
3.1.2 Legislation
3.1.3 Precedent
3.2 Others sources: expert opinion, conscience and equity

4. Various Schools of Thought of Jurisprudence (18 Working Hours)

4.1 Schools of jurisprudence and their characteristics
4.1.1 Natural school
4.1.2 Analytical school
4.1.3 Historical school
4.1.4 Sociological school
4.1.5 Realist school
4.1.6 Economic school
4.2 Eastern jurisprudence and characteristics

5. Rights and Duties (12 Working Hours)

5.1 Definition of rights and duties
5.2 Elements of rights and duties
5.3 Types of rights:
5.3.1 Fundamental rights and legal rights,
5.3.2 Human rights and moral rights
5.3.3 Perfect and imperfect rights
5.3.4 Absolute and contingent rights
5.4 Types of duties
5.4.1 Fundamental duties
5.4.2 Moral and legal duty
5.4.3 Positive and negative duty
5.5 Inter-relationship between rights and duties

6. Concept of Property (12 Working Hours)

6.1 Meaning of property
6.2 Types of property
6.3 Acquisition and transfer of property
6.4 Property law in Nepal

7. Possession and Ownership (12 Working Hours)

7.1 Meaning and definition of possession and ownership
7.2 Elements of possession and ownership
7.3 Types of possession and ownership
7.4 Relation between possession and ownership
7.5 Acquisition and termination of possession and ownership
7.6 Nepali legal framework on possession and ownership

8. Concept of Personality (10 Working Hours)

8.1 Meaning of person and personality
8.2 Types of person
8.2.1 Natural person
8.2.2 Legal/Artificial person
8.3 Characteristics of natural person and legal person
8.4 Theories of corporate personality
8.5 Legal provisions related to personality as per Muluki Civil Code, 2074
8.6 Legal status of:
8.6.1 Fetus/unborn child
8.6.1 Animal
8.6.1 Dead body

9. Morality and Law (8 Working Hours)

9.1 Meaning of morality
9.2 Relationship between law and morality
9.3 Difference between law and morality

10. Concept of Justice (10 Working Hours)

10.1 Meaning of justice
10.2 Meaning of administration of justice
10.3 Kinds of administration of justice
10.4 Concept of public and private prosecution