It gives a brief outline of the Subject of Jurisprudence including Syllabus, Bibliography, Lecture Plan etc. It also contains some 47 Model Questions from all chapters of the syllabus. Hope it may be helpful for students.
STUDY GUIDE FOR LL.B. PART – I
COURSE TITLE: MODERN JURISPRUDENCE
ACADEMIC YEAR: 2014
STANDARD: LL.B. PART – I
RESOURCE PERSON: ASMATULLAH KAKAR
LL.M. Previous (First Position)
LL.B. (Gold Medal)
M.A. Philosophy (Gold Medal)
CONTACT: UNIVERSITY LAW COLLEGE, KHOJAK ROAD, QUETTA
FACEBOOK ADD: https://www.facebook.com/ulcq.jurisprudence
AUTHOR: ASMATULLAH KAKAR
Jurisprudence is the study of law in general. It sketches the general picture of all the legal
systems of the world by analyzing the common fundamental legal principles. No doubt
Jurisprudence is the driest subject in all the three years’ syllabi of LL.B. and is devoid of
any practical value and is the most lengthy and tough subject to master. However, it is also
an organic fact that if any student gets brilliance in this subject, he can be master of any
other subject in law as it is the eye and grammar of law.
Since the days when I used to be the student of LL.B. Part – I, jurisprudence was my
favorite subject, perhaps due to the reason that I was interested in philosophy and
jurisprudence has, in fact, a great deal with philosophy. After being appointed as Lecturer,
in 2008, I promptly opted to teach jurisprudence and since then I have been teaching it.
My experience as a teacher through the sessions, realized me that majority of the students
feel uneasy in studying jurisprudence. My analysis of the problem reveals that it is, in fact,
due to the reason that Jurisprudence is an open subject. In other words, it is a subject which
cannot be studied on the basis of a single textbook in contrast with the subjects like Law
of Contract or Pakistan Penal Code which can be prepared from a single textbook. It is so
because Jurisprudence is not concerned with the study of a particular law found in statutes,
rather it discusses the essence of all laws scientifically and philosophically. Moreover, the
major part of the subject is dedicated to answer the question ‘what is law’? Therefore, the
jurists in jurisprudence are having dissenting views which makes jurisprudence a lengthy
subject full with doctrines, theories and opinions of jurists.
Bearing in mind, the level of the students and the context of the problem I have designed
the guide in hand, which may help the students in exploring the ways of how to study
jurisprudence and how can it be understood at LL.B. level.
This guide has been drafted with utmost care and attention, however, mistakes and errors
cannot be avoided for which I apologize in anticipation and request that the same may
kindly be brought in my knowledge so that they may not appear in the next edition.
Thanking you all.
TABLE OF CONTENTS
1. INTRODUCTION……… …………………………..……………………... 06
2. COURSE OBJECTIVES…………………………………………………… 07
3. COURSE SYLLABI………………………………….……………………...09
4. SUGGESTED BOOKS………………………………………………………10
5. REDESIGNING OF SYALLBUS…………………………………….……..11
6. LECTURES PLAN……………………….………………………………….14
7. STUDY METHOD…………………………….…………………………….16
7.1. CLASS LECTURES…………………………………………………… 16
7.2. TUTORIALS……………………………………….…………………... 16
7.3. ASSIGNMENTS……………………………….………………………. 16
7.4. CLASS PRESENTATIONS…………………………….……………… 17
7.5. CLASS TESTS………………………………………………….……….17
8. ANNUAL EXAMINATIONS……………………………………………..…18
9. MODEL QUESTIONS………………………….…………………………....19
10.INFORMATION AS TO STUDY HANDOUTS…...………………………. 22
Law is a pivotal phenomenon in society. Every second we are having encounters with
several provisions of laws, consciously or unconsciously. For example, on way to college
you are meeting with traffic laws. If, God forbid, any accident happens, you meet with
criminal law of negligent driving and law of torts. While sitting in classroom, you are
concerned with UoB and ULC rules. At canteen of the College during break time you are
concerned with contract law while buying food and other items. In short law is a continual
companion of an individual throughout his life. To enjoy the company of a friend, it is
important that you must know his background, his nature, his attitude, his likes and dislikes
and everything about him. Jurisprudence is a subject which is acquainting you with your
everlasting companion, the law.
In this course study you will find out the nature of law, the relation of law and
administration of justice, the sources from where the law is coming out, the nature and
extent of rights and obligations that law is creating and certain legal phenomenon like
possession, ownership, property, person and title.
2. COURSE OBJECTIVES
The main objective of this Course is to introduce the students with the basic understanding
of the most fundamental theories and legal concepts in jurisprudence. At the successful
completion of this course the students shall be able to:
Understand the meaning of jurisprudence, the dilemma of defining jurisprudence,
the definitions offered by eminent jurists and their criticisms, classification of
jurisprudence its scope and utility, and the way jurisprudence is related with other
Have a basic idea of Legal Theory and understand the differences of different legal
theories. The students shall also grasp the idea of developing a definition of law in
terms of its societal, economic and geographical situation. They shall also
understand the classification and hierarchy of laws.
Understand the meaning and kinds of administration of justice with special
reference to the system of justice applicable in Pakistan. They shall also grasp the
philosophy behind punishment in general and idea of punishment applicable in
Pakistan in particular.
Understand the sources of law and characteristics of law obtained from each source.
Have understanding of Legal Rights and Obligations and their characteristics. They
shall also be able to distinguish between different kinds of legal rights.
Have a basic knowledge as to the Property Law in general and ownership and
possession in particular. They shall also be able to differentiate between different
kinds of ownership and possession.
Understand the meaning and kinds of Persons, particularly of Legal Person and the
legal status of different persons.
Know what is Title? What facts are creating Title and what facts are destroying it?
They shall also be able to assess the practical implementation of the concept.
3. COURSE SYLLABUS
University Law College (ULC), Quetta is a constituent College of University of
Balochistan (UoB), therefore, it is regulated by the rules of UoB, Higher Education
Commission (HEC) of Pakistan and Pakistan Bar Council (PBC). The Syllabus including
that of Jurisprudence, prevailing in ULC, Quetta, is the one which has been designed by
HEC in collaboration with PBC.
Following is the syllabus of Jurisprudence, to be taught to the students of LL.B. I.
Chapter 1: Jurisprudence as a Science
Chapter 2: Nature of Law
Chapter 3: Administration of Justice
Chapter 4: Sources of Law
Chapter 5: Legislation
Chapter 6: Precedent
Chapter 7: Custom
Chapter 8: Legal Rights
Chapter 9: Possession
Chapter 10: Ownership
Chapter 11: Legal Persons
Chapter 12: Title
4. SUGGESTED BOOKS
1. SALMOND, JOHN W., JURISPRUDENCE, 4TH
ED., FORGOTTEN BOOKS, 2013
(ORIGINALLY PUBLISHED BY STEVENS AND HAYNES, LONDON: 1913)
2. FITZGERALD, P.J., SALMOND ON JURISPRUDENCE, 12TH
EDITION, REPRINTED BY
NATIONAL BOOK FOUNDATION, PAKISTAN, REPRODUCED BY ISTIQLAL PRESS,
LAHORE, (ORIGINALLY BY SWEET &MAXWELL, LONDON, 1966)
3. AUSTIN, JOHN, THE PROVINCE OF JURISPRUDENCE DETERMINED, 2ND
4. HOLLAND, SIR THOMAS E., THE ELEMENTS OF JURISPRUDENCE, 13TH
5. HART, H.L.A., THE CONCEPT OF LAW, 3RD
E.L.B.S. ED., 1975, (ORIGINALLY
PUBLISHED BYOXFORD UNIVERSITY PRESS, LONDON: 1961)
6. M.D.A FREEMAN (ED.), LLOYD'S INTRODUCTION TO JURISPRUDENCE, 7TH
NATIONAL BOOK FOUNDATION, ISLAMABAD
7. PATON G.W., A TEXTBOOK OF JURISPRUDENCE (4TH
8. V.D. MAHAJAN, JURISPRUDENCE AND LEGAL THEORY (2011 RE-PRINT) , EASTERN,
9. KUMAR, DR. N. KRISHNA, JURISPRUDENCE AND COMPARATIVE LAW, CENTRAL LAW
PUBLICATIONS, ALLAHABAD, INDIA, 2007
10.MCCOUBREY, H., THE DEVELOPMENT OF NATURALIST LEGAL THEORY, CROOM HELM
(NEW YORK: 1987)
11.COTTERRELL, ROGER, THE POLITICS OF JURISPRUDENCE – A CRITICAL
INTRODUCTION TO LEGAL PHILOSOPHY, BUTTERWORTHS, LONDON & EDINBURGH:
5. REDESIGNING OF SYALLBUS
Bearing in mind the objectives behind the syllabus and level of the students, I would prefer
the following design of the above syllabus:
PART – I INTRODUCTION TO JURISPRUDENCE
Unit 1: Jurisprudence as a Science
Etymology, Subject-matter, Definitions, Classification, Scope, Utility of
Jurisprudence and its Relationship with other Social Science.
Unit 2: Law – Its Definition and Classification
Meaning and Provisional Definition of Law, Classification of Law, Codification,
Advantages and Disadvantages of Law, Question of Law, Question of Fact, Mixed
Question of Law and Fact, Question of Discretion, Legal Presumption and Legal
PART – II LEGAL THEORY
Unit 3: Introduction to Legal Theory
What is legal theory? Aim of legal theory, contents of legal theory and
developmental stages of legal theory.
Unit 4: Natural Law Theory
Introduction, Greek’s Natural Law Theory, Roman’s Natural Law Theory, Natural
Law Theory of the Medieval Period with Special Reference to St. Thomas Aquinas,
Modern Currents in Natural Law Theory. Is Natural Law a Universal Law? Merits
and Demerits of Natural Law Theory.
Unit 5: Command Theory of Law
Bentham and John Austin – The Similarities and Dissimilarities in their
Teachings, John Austin’s Command Theory of Law, Essentials of Austin’s
Sovereign, Critique of CTL. New dimensions.
Unit 6: Legal Realism
What is Legal Realism? Its Origin and Development, American Legal Realism,
Critique of Legal Realism
Unit 7: Law as a System of Rules
H.L.A. Hart’s Concept of Law, Law as a System of Rules, Law as the Union of
Primary and Secondary Rules, Critique
PART – III JUSTICE AND ITS ADMINISTRATION
Unit 8: Justice and its Relation with Law
Justice – Its Meaning and Definition, Importance of Justice, Kinds of Justice,
Justice and Law, Theories of Justice, Advantages and Disadvantages of Legal
Unit 9: Administration of Justice
Administration of Justice – Its Meaning, Necessity, Origin and Growth,
Administration of Public Justice – Its Components, Purpose. Punishments – Its
Kinds and Aims, Administration of Civil or Private Justice, Secondary Functions
of Civil Courts.
PART – IV SOURCES OF LAW
Unit 10: Meaning and Classification of Sources of Law
Sources of Law – Its Meaning, Keeton’s Classification of Sources of Law, Salmond
Classification of Sources of Law.
Unit 11: Legislation
Legislation – Its Etymology and Definition, Legislation as a Source of Law, Kinds,
Advantages and Disadvantages of Legislation, Codification – Its Kinds, Merits and
Demerits, Rules of Interpretation of Statutes.
Unit 12: Precedent
Precedent – Its Meaning and Definition, Stare Decisis, Ratio Decidendi, Obiter
Dictum. Precedent as a Source of Law, Its, Nature and Kinds.
Unit 13: Custom
Definition, Custom as a Source of Law, Custom and Usage, Origin, Essentials and
Kinds, Custom and Prescription
PART – V LEGAL CONCEPTS
Unit 14: Legal Rights and Obligations
Definition, Theories, Essentials, Classification, Legal Wrong and Duty.
Unit 15: Possession
Possession – Its Meaning and Definition, Essentials, Classification, Modes of
Acquiring and Losing of Possession, Possession and Prescription.
Unit 16: Ownership
Its Definitions and Classification, Difference between Ownership and Possession,
Modes of Acquiring and Losing of Ownership.
Unit 17: Person
Person – Its Definition and Kinds, Legal Status of Unborn Child, Legal Status of
Dead man, Legal Statues of Minor Person, Legal Status of Drunken Persons, Legal
Status of Animals, Legal Status of Firm, Legal Status of Corporation or Company.
Unit 18: Titles
Title – Its Definition and Classification, Modes of Alienation of Titles
6. LECTURE PLAN
Academic session, 2014 is starting formally from 1st
June, and may end in the last week of
October. As the session is very late, therefore, the whole syllabus could not be completed.
Hence, ‘Part-II Legal Theories’ and Unit 8 of Part-III shall be excluded from the syllabus
of the current session. However, the main concepts of Part-II may be discussed in First
Unit 1, and that of Unit 8 may be discussed in Unit 9.
A rational calculation shows that Academic Year, 2014 may be consisted on a total of 20
weeks. However, there are public holidays, festivals and summer vacations. This lecture
plan is designed in accordance with the number of 17 total weeks, reserving three weeks
for holidays etc. The course is assessed to be completed in 17th
working week of the
academic session provided that in Class time table two periods, each of 40 to 50 minutes,
have been allocated to Jurisprudence per week. It is important to mention here, that this
timeline is crucial and if due to any reason, the estimated classes could not be obtained it
will directly affect the completion of the syllabus.
However, depending on the availability of tutorial classes or any extra-classes, an attempt
shall be made to address the summary of the excluding contents of syllabus.
It is also pertinent to mention that each and everything could not be discussed in the
classroom, owing to the restraints of time. But examination paper may include any topic
from the syllabus even from the excluded Units. Therefore, students are advised to prepare
these Units and the remaining contents of the syllabus at their own, however, I will be
ready to answer and discuss these concepts with students outside of classrooms or on
The lectures plan is as under:
Topic Weak L. No.*
1 Orientation Lecture 1st
Legislation-III: Rules of
Interpretation of Statutes
2 Etymology of Jurisprudence 1st
Precedent-I: Meaning, Stare
Decisis, Ratio Decidendi &
Philosophy, Science and
Precedent-II: Nature and
4 Definitions of Jurisprudence 2nd
Custom-I: Definition, Origin
Classification, Scope and
Utility of Jurisprudence
Custom-II: Kinds, Custom
and Usage, Custom and
Relation of Jurisprudence
with other Social Sciences
Legal Rights-I: Definition,
Theories and Essentials
Law – Its meaning,
definition and classification
Law – Its Advantages and
25 Legal Wrong and Duty 13th
Questions of Law & Fact,
Mixed Question of Law and
Fact, Questions of Discretion
Essentials & Classification
Legal Fiction and Legal
Possession-II: Modes of
Acquiring and losing,
Possession and Prescription
Administration of Justice-I:
Meaning, Necessity, Origin,
Growth and Kinds
Ownership-I: Definition &
Administration of Justice-II:
Public Justice and Its
and Possession, Modes of
Acquiring and Losing
Administration of Justice-III:
30 Person-I: Meaning and Kinds 15th
Administration of Justice IV:
Civil Justice and secondary
Functions of Civil Courts
Persons-II: Legal Status of
Meaning and Classification
of Sources of Law
Persons-II: Corporate legal
Definition and Kinds
33 Titles 17th
Legislation-II: Codification –
Its Kinds, Merits & Demerits
34 Discussion on Exam Paper 17th
7. STUDY METHOD
The following method shall be adopted throughout the year in completion of the syllabus:
A. Class Lectures:
The students are strictly advised to go through the relevant Reading List provided under
each Unit in this guide, before coming to lecture hall. While delivering lecture the tutor
will assume that every student know about the background and the theme of the topic,
therefore, he shall be analyzing and comparing the concepts instead of explaining them.
The time table shall accommodate seven tutorials throughout the academic year. In tutorials
the concepts shall be discussed in more detail. The tutorial and their details shall be notified
C. Assessment Methodology:
All the students shall be subjected to the following methodology for the purpose to assess
whether the learning techniques are effective and whether they need any modifications.
Moreover, these assessments shall also help the students to get themselves prepared for the
examinations. The title of the assessment shall be “Jurisprudence Assessment Test (JAT)”
Which shall include:
a. Assignments: All the students are required to submit the assignments in the prescribed
manner and format assigned by the tutor. Usually there shall be four assignments to be
submitted by the students throughout the year.
b. Class Presentations: The students shall also be required to deliver presentation before
class in the presence of the tutor consisted on the assignments they have submitted.
However, a student who has not submitted his/her assignment shall not be entitled to
c. Tests: Besides Assignments and Class Presentations, all the students shall also appear
in Periodical Class Tests. Four tests shall be conducted throughout the year.
Criteria of Assessment: Each of four JATs shall be announced through the Students
Notice Board of the College along with respective deadlines and instructions. However,
Assignments shall be the first in the timeline to be submitted. The Test and
presentations shall be conducted in the week preceding the deadline of the assignments.
Cumulative Result of Each Test shall be announced on the Students Notice Board of
the College within 5 days of the conduct of Test and Presentation whichever is later.
Moreover, in the last week of the academic session, there will be announced the Final
Cumulative Result of all the four JATs.
ASSIGNMENT PRESENTATION TEST TOTAL MARKS
Min. Marks to
Min. Marks to
Min. Marks to
Min. Marks to
30 15 20 10 50 25 100 50
CUMULATIVE RESULT OF JATS
Assignment Presentation Test Total
Max. M Min. Marks Max. M Min. Marks Max. M Min. Marks Max. M Min. Marks
JAT-I 30 15 20 10 50 25 100 50
JAT-II 30 15 20 10 50 25 100 50
JAT-III 30 15 20 10 50 25 100 50
JAT-IV 30 15 20 10 50 25 100 50
G. TOTAL 120 60 80 40 200 100 400 200
8. ANNUAL EXAMINATION
Jurisprudence is the first paper in the date sheet of LL.B. Examinations. Therefore, it
requires much attention on part of students. When examination comes nearer the students
become much more curious about their studies and the experience reveals that they allocate
much time out of their crucial time for the preparation, to study for the first paper i.e.
jurisprudence. This trend greatly affects the preparation of other subjects. Therefore, the
students are advised to prepare this subject much earlier the annual examinations, so that
they could not mismanage the revision time of other subjects.
The Jurisprudence Paper is consisted of 100 Marks. Question 1 is compulsory consisted on
OBJECTIVES carrying 20 Marks. From rest of the nine questions the students have to answer
any four questions carrying 20 Marks each.
Total time allowed including first question, is 3 Hours. A separate answer sheet may be
provided for Objective Question No. 1, and it may be attempted in the first 40 minutes.
40% are passing marks for each paper with Aggregate Marks of 50% in all Papers.
Moreover, after completion of LL.B. those students who are desirous to enroll as advocates
have to appear in Balochistan Bar Council Examination which is to be conducted by
National Testing Service (NTS). Hence, it is advisable for the students to keep themselves
prepare from now.
9. MODEL QUESTIONS
Q. No.1: What is Jurisprudence? Discuss its relationship with other social sciences.
Q.No.2: Define Jurisprudence. Describe its scope and also classify it.
Q.No.3: What do you understand by the term ‘Jurisprudence’? What is the utility of
Q.No.4: What do know by Nature of Law? Discuss the Natural Law Theory?
Q.No.5: Write a short note on the development of Natural Law Theory through ages?
Q.No.6: What is Natural Law Theory? Compose your answer in the light of the
teachings of Greek Philosophers.
Q.No.7: Write a comprehensive note on the Natural Law Theory of Romans.
Q.No.8: Discuss the Natural Law Theory of the Medieval Ages with reference to the
teachings of Thomas Aquinas.
Q.No.9: What are the modern currents in Natural Law Theory? Also compare it with
Positive Theory of Law.
Q.No.10: Critically analyze Command Theory of Law.
Q.No.11: Give a critical account of John Austin’s Sovereign.
Q.No.12: What do you do know by Legal Realism. Discuss
Q.No.13: Discuss in detail Hart’s notion of ‘Law as a system of rules’.
Q.No.14: Give a critique of Hart’s Rule of Recognition.
Q.No.15: Define Codification and also state its kinds. What are advantages and
disadvantages of codification?
Q.No.16: Define ‘question of law’, ‘question of fact’ and ‘mixed question of law and
fact’. Also explain ‘question of discretion’. When can a ‘question of discretion’
be converted into ‘question of law’?
Q.No.17: What do you know by ‘Legal Fiction’ and ‘Legal Presumption’? Discuss in
Q.No.18: What is Justice? What are different theories of Justice?
Q.No.19: Narrate in your own words the origin and nature of justice.
Q.No.20: State different forms of justice. Also write a critical note on legal justice.
Q.No.21: Discuss the concept of distributive justice in the light of the maxims, ‘Justice
hurried is justice buried’ and ‘justice delayed is justice denied’.
Q.No.22: What do you mean by Administration of Justice? Also give its kinds.
Q.No.23: What are the components of Public Justice?
Q.No.24: Define Punishment give its origin and state theories of punishment.
Q.No.25: Explain Deterrent Theory of Punishment with special reference to the work of
Q.No.26: Discuss Compensatory Theory of Punishment in the light of Islamic Penal
Q.No.27: Write a short note on the administration of civil justice and also state the
secondary functions of civil courts.
Q.No.28: What is source of law? Explain the classification of sources of law given by
Keeton and Salmond.
Q.No.29: Define Legislation and give its kinds
Q.No.30: Describe in your own words the concept of Delegated Legislation. Also
advance reasons for dependence of the supreme legislature on Delegated
Q.No.31: What do you understand by Interpretation of Statutes? Also explain the rules
of Interpretation of Statutes.
Q.No.32: Define the term Precedent. Give its nature and kinds.
Q.No.33: Write short note on the following:
A. Stare Decisis
B. Ration Decidendi
C. Obiter Dicta
Q.No.34: What is Precedent? Explain its kinds and legal authority.
Q.No.35: Define Custom and state its essential characteristics?
Q.No.36: Define usage. Differentiate between usage and custom? When can a usage be
converted into a custom?
Q.No.37: Discuss various kinds of customs.
Q.No.38: “Custom is the source of Law while prescription is the source of right”. Please
substantiate the statement and also make distinction between custom and
Q.No.39: Define Legal Right and state its essentials.
Q.No.40: What are the classification of Legal Rights? Discuss in detail.
Q.No.41: How Ownership has been defined? Articulate your own definition of
Ownership. Also state its essentials.
Q.No.42: What are different classes of ownership? State in detail.
Q.No.43: What is Possession? State its characteristics.
Q.No.44: Write a detailed note on the kinds of Possession?
Q.No.45: What do you mean by Legal Personality? Discuss its nature and scope.
Q.No.46: Discuss the legal status of the following entities:
A. Unborn Child
C. Insane Person
E. Dead Person
Q.No.47: Define Title and also explain different facts giving rise to different kinds of
10. INFORMATION AS TO HANDOUTS
Handouts of all the lectures of jurisprudence may be uploaded on the following sites of
internet few days earlier to the respective lecture and shall be deleted from there after the
expiry of one weak. Therefore, all the students are highly recommended to download the
same as soon as they receive the notification on the Facebook about the upload.
Moreover, on the Jurisprudence Facebook Page, links of other relevant internet sites online
books and journals may also be given.
Furthermore, a brief outline of the lecture may be posted on the said page of jurisprudence
one day before the lecture.
Therefore, all the students are highly recommended to go to Facebook Site on internet and
LIKE the Facebook Page of Jurisprudence so that they may receive the daily and weekly
notifications as to Handouts and other stuffs regarding Jurisprudence.
Following is the link of Jurisprudence Facebook Page:
Or alternatively you can search in the Facebook Search Engine the following title:
University Law College, Quetta-Department of Jurisprudence
Following is the look of the page:
Wish you Best of Luck…