National Law University Delhi
Legal Methods
(Course Outline)
Course Coordinators:
Prof.(Dr.) Srikrishna Deva Rao
Dr. Bharti Yadav
Mr. Aniruddha Jairam
Dr. Dakshina Chandra
Introduction to the course:
Legal Methods is an introductory course to the study of law offered in the first year of B.A.
LL.B. (Hons) so as to ensure that the students have a strong foundation for the understanding,
analysing law and its various nuances. Unlike other courses that would follow in the
subsequent semesters this course does not pertain to the study of any particular law. However,
it is concerned to search for means and methods to widen and deepen the legal learning. It
will acquaint the students with the basic tools necessary for the study, research and practice of
law. The province of the course therefore is constituted by concepts, ideas, principles and
methods. The course is titled “Legal Method” as it primarily pertains to the methods
prevalent within the legal domain whether pertaining to the making of law, finding the law,
application of law, logic and reasoning applied in the legal domain or methods in the field of
study of law.
Course Objectives:
● To understand the concept of law, its kinds, nature, sources and functions;
● To learn about various legal systems and to critically analyse the functioning of Indian
legal system;
● To acquaint students about how to read, interpret and analyse statute and case laws;
● To develop the skills of critical legal writing and legal research
Teaching Methodology:
● Lecture cum Discussion Method
● Take home exercises and maintaining classroom portfolio
● Skills training in legal research and writing
Course Overview:
The course outline has four modules. The first module is on “Introduction to Law and Legal
Systems”. The second module is on ,” Introduction to Indian Judicial System”. The third
Module is on, “Reading and Analyses of law” and the fourth module is on, “Legal Research
and writing” The first modules consist of three parts. The first part deals with nature and
functions of law. The second part of first module deals with the kinds of law and the kinds of
legal system. It aims to acquaint students with the various kinds of laws like civil law,
criminal law, administrative law etc and various kinds of legal systems like civil law system,
criminal law system etc. The third part of the first module deals with interface of law with
justice. It is essential to understand the relationship between law and justice for holistic
understanding of concept and ambit of law. This part discusses topics like concept of justice,
institutions, coercion and legitimacy, understanding the connection of law with justice.
As mentioned above that the second module of the course is on Indian Judicial System. This
module basically consists of three main components i.e. types of justice delivery systems,
methods of dispute resolutions and challenges of justice delivery system. In India, we follow
adversarial system of dispute resolution and for the better understanding of adversarial
system , it is essential to understand its counterpart system i.e. inquisitorial system. So this
module also intends to provide insight to inquisitorial system along with adversarial system
of dispute resolution. After acquainting students with the judicial systems, this module
proceeds to help students in understanding of various methods of dispute resolution which
includes topics like the structure of the courts, composition of courts, type of courts like civil
courts, criminal courts, tribunals etc., types of justice delivery system like formal justice
delivery system, informal justice delivery system, role of alternate dispute resolution in
promoting justice. After teaching methods of dispute resolution, this module proposes to
discuss the challenges of Indian Judicial System and critically analyse them for way forward.
The third module of the course outline aims to train students in reading , interpretation and
analyses of statues and case laws. For training students in reading, interpretation and analyses
of statues, various rule of interpretations like literal rule, golden rule , mischief rile etc will be
discussed. To train students in reading , analysing and interpretation of case laws, topics like
stare decisis, obiter dicta and ratio decidendi will be discussed. For enhancing the practical
understanding of reading and analysing statues and caselaw, practical exercise will be
conducted in class. In these exercises, students will be encouraged to actually read statutes
and case laws to analyse them by applying the rule already discussed in class. Constant
feedback will further refine the understanding of the students.
The fourth module of the course, is on “Legal Research and Writing”. It consists of two parts.
First part deals with training students in basic research methodology by covering topics like
meaning of research,
methods of research, writing statement of problem, objective,
hypothesis, methods of sampling and data collection. This part will be discussed through
practical exercises where students will learn the basic of research methodology by doing it.
Second part of this module deals with the “Legal Research and Writing”. It will be
coordinated by the teaching assistants by dividing the students into smaller groups. The
second part of the module which is on “legal research and writing” has three main
components i.e. basics of operating computer , using databases for doing research and
enhancing writing skills. Under “basics of operating computer” topics like using email, drive,
google docs, google sheet, Microsoft word, Excel, PowerPoint presentation etc will be
covered. Under “ Using databases” , students will be trained in using various databases for
doing different types of researchs. In the last part i.e. “Enhancing writing skills” activities
like writing gender neutral writings, writing short academic writing will be undertaken.
Module I. Introduction to Law and Legal System
(I)
Nature & Functions of Law
Readings:
❖ Farrar and Anthony M. Dugdale, Nature and function of law, Introduction
to Legal Method, 1990, pp. 3-11
❖ Joseph Raz, Functions of law, The Authority of Law, OUP, 1999,pp
164-179
❖ Andrei Marmor, The Ideal of the Rule of Law. in Dennis Patterson (ed), A
Companion to Philosophy of Law and Legal Theory, (Wiley-Blackwell, 2nd
ed., 2010), pp. 666-674
(II)
Classification of Law & Legal System
Readings:
❖ Farrar and Anthony M. Dugdale, Classification of law, Introduction to
Legal Method, 1990, pp. 31-43
❖ Joseph Dainow, The Civil Law and the Common Law: Some Points of
Comparison, The American Journal of Comparative Law , 1966 - 1967,
Vol. 15, No. 3 (1966 - 1967), pp. 419-435
❖ V. S. Deshpande, Thomas Paul, Nature of the Indian Legal System, in
Joseph Minattur(ed.) Indian Legal System, pp.1-31
(III)
Introduction to questions of ‘Law and Justice’
● Defining justice (2 classes)
❖ Sen, Amartya, The Idea of Justice, Belknap, 2009, pp. 5-8, 20-24
❖ Young, Iris Marion, Justice and the Politics of Difference, Princeton, 1990,
pp. 15-24
● Institutions
❖ Rawls, John, Justice as Fairness: A Restatement, Belknap, 2001, pp. 5-12
❖ Extract from Okin, Susan Miller, Justice and Gender, Philosophy and
Public Affairs, Vol. 16, No. 1. (Winter, 1987), pp. 42-72
❖ Ambedkar, B.R, The Indian Constitution Defended and Interpreted, from
Guha, Ramachandra (ed.), Makers of Modern India, Penguin Viking, 2010,
pp. 314-325
● Coercion and legitimacy
❖ Hobbes, Thomas, ed. MacPherson, Christopher, Leviathan, chapter 15
❖ Weber, Max, Economy and Society: An Outline of Interpretative
Sociology, trans. and ed. Roth, Claus, University of California Press, 1978,
pp. 301-4
● Connections between law and justice
❖ Hart, H.L.A, The Concept of Law, Clarendon Press, 2nd edition, 1994, pp.
157-167
Module II. Introduction to Indian Judicial System
(I) Overview of the Indian Judicial System
Readings:
● Farrar And Anthony M. Dugdale, Fact Finding And Dispute Resolution,
Introduction To Legal Method, 1990, Pp. 59-69
● Punam S. Khanna, “The Indian Judicial System” in Kamala Sankaran and
Ujjwal Kumar Singh (eds.) Towards Legal Literacy: An Introduction to
Law in India (OUP, 2008), pp. 27-44
● Robert Moog, Delays in the Indian Courts: Why the Judges Don't Take
Control, The Justice System Journal, Vol. 16, No. 1 (1992), pp. 19-36
● Upendra Baxi, On How Not To Judge The Judges: Notes Towards
Evaluation Of The Judicial Role, Journal Of The Indian Law Institute ,
April-June 1983, Vol. 25, No. 2 (April June 1983), Pp. 211-237
(II)
Challenges of the Indian Legal System
Readings:
● Upendra Baxi, The Crises of legitimation of law, The Crisis of the Indian
Legal System (Vikas Publishing House, 1982) pp. 1-57
● Pratap Bhanu Mehta, The Rise of Judicial Sovereignty, Journal of
Democracy Volume 18, Number 2 April 2007, 70-83
Module III. Reading and analyses of Law
(I)
Reading, Analysis and Interpretation of Statute
Readings:
❖ Lon L. Fuller, The Case of the Speluncean Explorers, 112 Harvard Law
Review 1851 (1998-1999)
❖ Lee v. Knapp, Queen’s Bench Division, Nov. 3 1996
❖ Adler v. George, Queen’s Bench Division, Jan 30 1964
❖ Priya Patel v. State of Madhya Pradesh, 2006(2)AC R2288(SC )
❖ Smith v. Hughes, Queen’s Bence Division, June 16 1960
❖ U. Suvetha v. State by Inspector of Police and Anr, (2009)6SC C 757
(II)
Judgement or judicial opinion: How to read and analyse
Readings:
❖ Arthur L. Goodhart, Determining the Ratio Decidendi Of A Case, Yale
Law Journal, Vol Xl, No. 2, December 1930, Pp 161-173
❖ S. Sivakumar, Judgment Or Judicial Opinion: How To Read And Analyse,
Journal Of The Indian Law Institute , July – September 2016, Vol. 58, No.
3 (July – September 2016), Pp. 273-312
❖ Glanville Williams, Case Law Technique, Learning the Law, Pp 106-113
❖ Julius Stone,’The Ratio of the Ratio Decidendi’, 22 Modern Law Review
597(1959)
Module IV. Skills Training in Legal Research & writing
Part-I: Research Methodology
● Legal Research: Meaning, Types and Purpose
● Basics of Legal Research: Framing of Statement of Problem, Research Objective,
Research Questions, Hypothesis, Sampling, Tools and Techniques of Data Collection
Readings:
❖ C. R. Kothari, Research methodology: An Introduction, Research Methodology:
Methods and techniques, New Age International Private Ltd Publisher, 2004, pp
1-23
❖ R.B. Jain, Sampling methods in Legal Research, Journal of the Indian Law
Institute Vol. 24, No. 2/3, (APRIL-SEPTEMBER 1982), pp. 678-691
● Gender-neutral Writing
This is writing in a manner that avoids bias towards a particular gender. Students will
be explained about gender-neutral alternatives for words. Avoiding male third person
pronouns like he, his and him and not using gendered job descriptions, like instead of
using policeman, writing police officer are some examples of gender-neutral writing.
As an exercise, the students will be given a piece of writing that they will have to
make gender neutral as an exercise.
● Research Ethics: Importance of ethics in Research, Introduction to concepts such as
integrity, professional competence, confidentiality and plagiarism
● Exercise: Writing a Short Academic Paper
A small research article will have to be submitted on a given topic, specific to each
student, using the legal and social science tools. The article will be not be over 5
pages and will also use other writing tools such as citations and microsoft word
features. Everything else taught in the training sessions for example, the basics of
writing a paper and gender-neutral writing should also be applied.
The purpose of this exercise is to test the proficiency of students on being able to use
the databases efficiently and thus be well-versed with them before starting work on
their projects.
-------------------------------
BA, LLB (Hons.)
I Year - I Semester
LAW OF TORTS - I
Compiled & Edited by:
Dr. Sushila
(For private circulation only)
INDEX
TOPIC
S. NO.
1.
Course Content
2.
Asbhy v. White and others (1703) 2 Lord Rayon 938
3.
Burnard v. Haggis, (1863) 143 ER 360
4.
Jay Laxmi Salt Works (P) Ltd. v. State of Gujarat, (1994) 4 SCC 1
5.
White v. John Warrick& Co. Ltd., (1953) 2 All ER 1021
6.
Town Area Committee v. Prabhu Dayal, AIR 1975 All. 132
7.
P. Seetharamayya v.G. Mahalakshmamma, AIR 1958 AP 103
8.
Smith v. Charles Baker and Sons, (1891) A.C. 325 (HL)
9.
South Indian Industrial ltd., Madrasv. Alamelu Ammal, AIR 1923 Mad. 565
10.
Haynes v. Harwood, (1935) 1 K.B. 146
11.
Ramchandraram Nagaram Rice & Oil Mills ltd. Gaya v. Municipal
Commissioners of Purulia Municipality, AIR 1943 Pat. 408
12.
Manindra Nath Mukherjee v. Mathuradas Chatturbhuj, AIR 1946 Cal. 175
13.
Donoghue v. Stevenson, [1932] AC 562 (HL)
14.
Municipal Corporation of Delhi v. Subhagwanti, AIR 1966 SC 1750
15.
P. Narasimha Rao v. Gundavarapu Jayaprakasu, AIR 1990 AP 207
16.
Jacob Mathew v. State of Punjab, (2005) 6 SCC 1
17.
T. O. Anthony v. Karvarnan, (2008) 3 SCC 748
18.
Delhi Domestic Working Women's Forum v. Union of India, 1995 (1) SCC 14
19.
Overseas Tankship [U.K.] Ltd. v.Morts Dock & Engineering Co. [the Wagon
Mound] [1961] 1 ALL ER 404
20.
Hughes v. Lord Advocate [1963] AC 837 [HL]
21.
Klaus Mittelbachertvs East India Hotels Ltd.
22.
Sarla Verma & Ors. v. Delhi Transport Corp.& Anr. (2009) 6 SCC 121
23.
General Manager, Kerala S.R.T.C v. Susamma Thomas (1994) 2 SCC 176
24.
Lata Wadhwa & Ors vs State of Bihar& Ors decided on 16 August, 2001
Page Nos.
3-9
SUGGESTED READINGS/ARTICLES
1.
Introduction of ‘Law of Torts’-Prof. B.B. Pande
2.
Legal Pedagogy and Its Discontents- Richard Abel, Connell Distinguished
Professor of Law Emeritus and Distinguished Research Professor, UCLA
(International Journal of Law in Context (2020)
3.
Evolution of the Law of Torts
4.
Concept of the Law of Torts
5.
An Attempt to Delimit the Law of Torts
6.
Theories of Tort Law: Stanford Encyclopaedia of Philosophy
7.
8.
9.
10.
11.
12.
13.
Specific Problems of Law of Torts in India: S.K.Bhatia, Vol.11, Journal of the
Indian Law Institute
Towards a Unified Theory of Torts- Guido Calebresi, Journal of Tort Law, Vol.
1(2007), Issue 3
Five Elements of Negligence – David G. Owen, Hofstra Law Review, 2007,
Vol.35, No.4
Torts and Choice of Law, Searching for Principles- Keith N. Hylton, Journal of
Legal Education, 2007
Negligence: What Does it Mean to Professionals? - CA. N. Suresh,2006
S.N. Johri, “A Case for Liability Without Negligence and Conviction as Proof
of Negligence”, Vol 17:3(1975) Journal of Indian Law Institute
S.P.Singh, “The Volenti Non Fit Injuria,” Vol 17:1(1975) Journal of Indian
Law Institute
14.
Remoteness Doctrine: A Rationale for a Rational Limit on Tort Liability
15.
Tort vis- a-vis Crime and Contract
16.
Mental Element in Law of Torts
BA, LLB (Hons.) 1st Year – 1st Semester
LAW OF TORTS - 1
Introduction:
The law of torts prescribes standards of human conduct and provides for the mechanism for
redressal of civil wrongs and injuries mainly through compensation, injunctions and specific
relief in some cases. The purpose of this paper is to make the students understand the nature,
meaning and functions of the law of torts and to inculcate in them analytical skills and critical
understanding of law. The law of torts has its origin in English common law and the same
developed through case law. In India, the law of torts is drawn on the English common law
with some changes. Though, like English common law, the law of torts in India, remains largely
uncodified, yet the same has been codified in some areas viz. consumer protection, workmen
compensation, Motor Vehicle accidents, environment protection, Food Safety Law etc.
The course has been divided in five parts.
Part I covers evolution and development of the law of torts in England and India. Besides, it
shall cover meaning, functions and definition of law of torts. Distinction of law of torts from
other wrongs as well as issues of capacity and immunity in torts shall also be dealt with in this
part.
Part II deals with general defences which can be claimed by a defendant in tort suit. Technical/
preliminary objections/ defences relating to limitation period and jurisdiction will also be
covered with the help of case law and other illustrations.
Part III deals with a specific tort viz. negligence, which has outshined almost all other torts,
the worst sufferers are the ones falling in the category of trespass. This has been called the
modern tort par excellence and is the major source of litigation in India and elsewhere. Keeping
the importance and relevance of the tort in mind it has been included in the present semester,
other specific torts alongwith relevant legislations providing for remedies for civil injuries
(tort) e.g. Consumer Protection Act, 1986 will be covered in the second semester alongwith
other topics. This part deals with nature, definition of negligence and its horizons in different
fields and profession e.g. medical, legal etc.
Part IV deals with the question/inquiry as to ‘who has caused the damage?’ (causation) or
‘who/what is responsible and up to what extent, for the damage suffered by the victim/
claimant/ plaintiff?’ and some principles and tests evolved over the years governing the inquiry.
Part V deals with different types of damages, remedies and measurement of damages in torts.
After deciding that the defendant had in fact (causation) committed the wrong suffered by the
plaintiff, the next question to be tackled by the court is as to ‘what amount of damages/
compensation is just in the peculiar circumstances of the case?’ In this part, main focus shall
be on method of measurement of damages developed through case law; however, other
remedies will also be briefly covered. A few legislations containing provisions for
compensation to victim alongwith the principles evolved through the court judgments shall be
covered in this part.
Part VI deals with extinction of liability in Torts or Discharge of torts.
Objectives:
The purpose of this paper is to make the students understand the nature, meaning and functions
of the law of torts as to what it seeks to achieve in the context of society and its institutions,
including the economic system, and to assess it against possible alternatives and to inculcate in
the students analytical skills and critical understanding of law. In addition, this course will
consider tort theory and criticism.
Law of torts is primarily a judge made law, so it is also an objective of this course to learn and
practice the skill of reading cases, to understand and appreciate the ratio and implications of
decisions.
As stated earlier, some tort law is also found in legislations. The reading and interpretation of
legislation is also a key skill that will require effort and practice. Some provisions of the Motor
Vehicles Act, Fatal Accidents Act, Code of Criminal Procedure and the Constitution of India
relating to compensation to the victims shall be covered.
In short, the primary objectives of this course are:






Understanding nature, meaning and functions of law of torts
Discussing tort theory and criticism
To elaborately discuss the most important and commonly litigated tort of negligence
Case Studies (Indian and foreign jurisdictions)
Familiarizing with analogous legislations
To develop analytical skills
Methodology:
Lectures, Case Studies, Classroom Discussions, Case Presentations
Research Project: 25 marks
Course Outline







Evolution and development
Meaning, functions and definitions
Distinction between tortious and other wrongs
Principles governing human conduct and negligence
Capacity to sue and to be sued in torts
Defences available to a tort-feasor
Remedies and measurement of damages
References:
1. G.P. Singh, (Rev.), Ratanlal & Dhirajlal, The Law of Torts (27th ed., 2016)
2. Avtar Singh (Rev.), P.S. Atchuthen Pillai, Law of Torts (9th ed., 2004)
3. W.V.H. Rogers, Winfield & Jolowicz on Tort (17th ed., 2015)
4. R.F.V. Heuston and R.A. Buckley, Salmond & Heuston on The Law of Torts (21st
ed.,1996)
5. A. Laxminath and M.Sridhar, Ramaswamy Iyer’s The Law of Torts (10th ed., 2007)
6. Vivienne Harpwood, Modern Tort Law (7th ed. 2009)
7. M Stuart Madden, Exploring Tort Law (1st ed. 2005)
8. Jason W Neyers, Erika Chamberlain, Stephen G A Pital, Emerging Issues in Tort Law
(1st ed. 2007)
Legislations:
1. Constitution of India
2. The Indian Penal Code, 1860
3. The Indian Contract Act,1872
4. Motor Vehicles Act, 1988
5. Law Reform Contributory Negligence Act, 1945 (England)
6. Fatal Accidents Act, 1855 (Ratanlal & Dhirajlal, The Law of Torts) pp. (109- 137)
7. Public Liability Insurance Act, 1991 (Occupier’s Liability to Compensate Members of Public
(Ratanlal & Dhirajlal, The Law of Torts) pg 552
8. Workman Compensation Act, 1923 (P.S. Atchuthen Pillai, Law of Torts) pg 510
9. Code of Criminal Procedure, 1973
10. Railways Act, 1989 (Ratanlal & Dhirajlal, The Law of Torts) pg 546
12. Carriage by Air Act, 1972 (Ratanlal & Dhirajlal, The Law of Torts) pg 547
13. Consumer Protection Act, 1986
14. Civil Liability for Nuclear Damage Act, 2010
PART I: INTRODUCTION: DEFINITION, NATURE, SCOPE AND FUNCTIONS OF LAW OF
TORTS (approx 10 classes)
(a)
(b)
(c)
Evolution and development of the law of torts in England and India
(i)
Origin and development of law of torts in England- Forms of action
(ii)
Origin and development of law of torts in India- uncodified, judge made
law, legislations- Specific Problems of Tort Law in India
Nature, meaning and functions of law of torts
(i)
Definition of tort
(ii)
Law of Torts (Pigeon Hole Theory) and Law of Tort (Theory of General
Liability)
(iii)
Theoretical Perspectives on Tort Law: Economic Analysis, Justice,
Right & Duties, Analytical & Normative, Instrumental & NonInstrumental
Constituents of Tort
(i)
Wrongful act, legal damage and remedy
(ii)
Principles of tortious liability- Injuria sine damno and Damnum sine
injuria; Ubi jus ibi remedium
(d)
Relevance of the ‘Intent’, ‘Knowledge’, ‘Malice’, ‘Good Faith’ & ‘Motive’
in Tort
(e)
Tort vis-a-vis other wrongs (e.g. crime, breach of contract, breach of trust etc.)
(f)
Personal Capacity to sue & be sued, Parties to Suit: Privilege, Fiduciary
Relations, Joint & Several Tortfeasor, Minor & Unborn Child, Married Women,
Partnership Firm, Corporations
Legislations:
1.
2.
3.
4.
5.
Constitution of India Act, 1950
The Indian Penal Code, 1860
The Indian Contract Act,1872
Unfair Contract Terms Act, 1977 (England)
Law Reform Contributory Negligence Act, 1945 (England)
Leading Cases:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Suba Singh v. Davinder Kaur (2011) 13 SCC 296 (Tort, crime- two simultaneous remediesnot double jeopardy)
Jaya lakshmi Salt Works Pvt Ltd. v. State of Gujarat, (1994) 4 SCC 1 (Nature of Tort,
Winfield’s Approach)
Burnard v Haggis (1863) 143 ER 360(Contract and Tort)
Jennings v Rundal (1799) 8 Term Rep 335 5.
Ashby v. White, (1703) 2 Ld. Raym. 938 (Legal injury/ ‘Injuria’,Ubi jus ibi remedium)
Town Area Committee v. Prabhu Dayal, AIR 1975 All. 132 (‘Injuria’, Motive/ malice)
P. Seetharamayya v.G. Mahalakshmamma, AIR 1958 AP 103 (‘Injuria’, Motive/ malice)
Glouscester Grammer School case, (1410) Y.B. 11 hen. IV of 47 (‘Injuria’,Motive/ malice)
Mayor of Bradford Corpn. v. Pickles, (1895) AC 587 (‘Injuria’,Motive/ malice)
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
White v. John Warwick & Co. Ltd., (1953) 2 WLR 1285 (tort vis-à-vis contract)
Donoghue v. Stevenson, (1932) AC 562 (tort vis-à-vis contract)
Burnard v. Haggis, (1863) 143 ER 360 (tort vis-à-vis contract, Minor in tort)
Jennings v. Rundall (1799) 8 Term Rep 335 (tort vis-à-vis contract, Minor in tort)
Dr. Mohammed v. Dr. Mehfooz Ali, 1991 MPLJ 559
Hotson v. East Buckshire Area Heath Authority, (1987) 2 All E R 909
Mc Ghee v. National Coal Board, (1972) 3 All E R 1008
Smith v. L & S W Rly Co., (1870) LR 6 C.P. 14
Merryweather v. Nixan (1799) 8 TR 186 (contribution b/w tort-feasors)
State of Andhra Pradesh v. Govardhnalal Pitti, (2003) 3 SCALE 107
Municipal Corpn. of Agra v. Asharfi Lal, AIR 1921 All. 202
Acton v. Blundell, (1843) 12 M & W 324
Readings:
1. Introduction of ‘Law of Torts’-Prof. B.B. Pande
2. Theories of Tort Law: Stanford Encyclopedia of Philosophy
(https://plato.stanford.edu/entries/tort-theories/)
3. Specific Problems of Law of Torts in India: S. K. Bhatia, Vol.11, Journal of the Indian Law
Institute
4. Introduction of ‘Law of Torts’-Prof. B.B. Pande
5. Evolution of the Law of Torts
6. Concept of the Law of Torts
7. An Attempt to Delimit the Law of Torts
8. Tort vis- a-vis Crime and Contract
9. Mental Element in Law of Torts
PART II: GENERAL DEFENCES AGAINST TORTIOUS LIABILITY
classes)
(a)
(b)
(c)
Consent- Volenti non fit injuria- Scienti non fit injuria
Inevitable Accident, Act of God/ vis major
Statutory Authority, Judicial and Quasi-Judicial, Parental and QuasiParental Authority
(d)
(e)
(f)
Private Defence
(g)
(h)
Mistake
Novus Actus Interveniens- Act of Third Parties
Plaintiff ‘s Default
Necessity
Legislations:

(approx. 10
The Indian Penal Code, 1860
Leading Cases:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Samira Kohli v. Dr. Prabha Manchanda, (2008) 2 SCC 1 (Consent)
Dr. Janaki S. Kumar v. Mrs. Sarafunnisa 1999(3) CPR 472 (Ker).
Reeves v. Commission of Police of the Metropolitan, (1998) 2 All E R 38
Smith v. Baker and Sons, (1891) AC 325
Haynes v. Harwood, (1935) 1 KB 146
Hall v. Brooklands Auto Racing Club, (1932) 1 KB 205
South Indian Industrial Ltd. Madras v. Alamulu Anmal, (1923) MWN 344
T.C. Balkrishana v. T.R. Subramaniam, AIR 1968 Ker. 151
Gillick v. West Norfolk & Wiseback Area Health Authority, (1985) 3 All E R 402
Bird v. Holbrook, (1828) 4 Bin 628
Gillick v. West Norfolk & Wiseback Area Health Authority, (1985) 3 All E R 402
Nichloas v Marshland (1876) 2 ExD 1(Vis Major)
Manindra Nath Mukherjee v. Mathuradas Chatturbhuj, AIR 1946 Cal. 175
Ramchandram Nagaram Rice & Oil Mills Ltd. v. Municipal Commissioner of
Purilla Municipality, AIR 1943 Pat 408 (Statutory Authority)
Greenock corp. case(1917) 14. Cherubin Gregory v. State of Bihar, (1964) (Pvt.
Defence)
Cherubin Gregory v. State of Bihar, (1964) (Pvt. Defence)
Bird v. Holbrook, (1828) 4 Bin 628 (Pvt. Defence)
Greenock corp. case (1917)
PART III:
NEGLIGENCE
(a)
(b)
(c)
(d)
(e)
(f)
(approx. 10 classes)
Concept of negligence: Meaning and Definition
Theories of negligence
Essential ingredients: ‘duty’, new duty situations, Pure Economic Loss,
Omissions, Negligent Misstatements, Principles of Justness & Fairness,
Policy Considerations, ‘Breach’: Standard of care and ‘Damage’.
Doctrine of Res ipsa loquitur
Doctrine of contributory/ comparative negligence (Abolition of Last
opportunity rule) and composite negligence
Professional Negligence: Medical Professionals, Legal Professionals,
Bankers
Legislation:
1.
2.
3.
4.
5.
Law Reform Contributory Negligence Act, 1945 (England)
Kerala Torts (Miscellaneous Provisions) Act, 1976
The Consumer Protection Act, 1986
The Indian Penal Code, 1860
Medical Council of India Act
Leading Cases:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Donoghue v. Stevenson, (1932) AC 5620 (Duty)
M.C.D v. Assn., Victims of Uphaar Tragedy ...on 13 October, 2011
Anns v Merton London Borough Council [1978] AC 728 HL
Murphy v Brentwood District Council [1991] 1 AC 398
Hedley Byrne v. Heller & Partners(1964) HL
Home office v. Dorset Yacht co ltd. [1970] UKHL 2
Bourhill v. Young, (1943) AC 92
White v Jones [1995] 2 AC 207
Caparo Industries CASE [1990] 2 AC 605
Junior Books Ltd v Veitchi Co Ltd [1983] 1 AC 520
Blyth v Birmingham Waterworks Company (1856) 11 Ex Ch 781
Pramod Malhotra v. UOI (2004)
Hill v. Chief Constable (1988) HL
Stovin v Wise [1996] 3 WLR 389 HL
Rajkot Municipal Corporation v. Manjulaben Jayantilal Nukum, (1997) 9 SCC 552
Union of India v. United India Insurance, AIR 1998 SC 640
Indian Medical Association v. V P Shantha, AIR 1996 SC 550 (Professional Negligence)
Bolam v. Friern Hospital Management Committee [1957] 1 WLR 583
Maynard v. West Midlands Regional Health Authority [1985]
Bolitho v. City and Hackney Health Authority [1996] 4 All ER 771
Jacob Mathew v. State of Punjab (2005) 6 SCC 1
Dr. Laxman Balkrishna Joshi v Dr. Trimbak Bapu Godbole, I (1969) 1 SCR 206]
Balram Prasad v. Kunal Saha, (2014) 1 SCC 384
Pinnamaneni Narasimha Rao v. Gundavarapu Jayaprakash, AIR 1990 A.P 207
Hucks v Cole (1968) 112 Sol Jo 483
Klaus Mittelbachert v. East India Hotels Ltd., AIR 1997 Del 201 (Breach)
Municipal Corporation of Delhi v.Subhagwati, AIR 1966 SC 1750 (Res Ipsa Loqutur)
T. O. Anthony v. Karvarnan, (2008) 3 SCC 748 (CN)
Tamil Nadu State Transport Corp. v. Natrajan, (2003) 6 SCC 137
Sutradhar v. Natural Environment Research Council (NERC) (2006) UKCL 33
Murphy v. Birmingham Waterworks, (1990) 2 All E R 269
State of Haryana v. Smt. Santra, AIR 2000 SC 1888
PART IV:
CAUSATION
(approx. 5 classes)
(a)
Causation: Factual Causation, Legal Causation, ‘But for’, Material Contribution, NESS
Test, Asbestos dust Cases
(b)
Test of Reasonable Foreseeability
(c)
Test of Directness
(d)
Intervening acts or events
Suggested Readings/Articles:
1. David G. Owen, ‘Five Elements of Negligence’, Hofstra Law Review, 2007, Vol.35, No.4
2. R. Wright, ‘Causation in Tort Law’, California Law Review 73 (1985), 1735
3. Gardner, ‘What is Tort Law For? Part 1. The Place of Corrective Justice’, Law and Philosophy
30 (2011), 1
4. H.L.A. Hart and Tony Honoré, ‘Causation in the Law’ (2nd ed, 1985), Chapters 2-3,5.
5. Remoteness Doctrine: A Rationale for a Rational Limit on Tort Liability
Leading Cases:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
In Re an Arbitration between Polemis and Furness, Withy & Co., (1921) All ER Rep. 40
Overseas Tankship [UK] Ltd. v. Morts Dock & Engineering Co. [The Wagon Mound]
(1961) 1 All ER 404
Hughes v. Lord Advocate, (1963) AC 837
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928)
Smith v. Leech Brain & Co., (1961) 3 All ER 1159.
Mc Ghee v. National Coal Board, (1972) 3 All E R 1008
Dredger Liesbosch v. steamship Edison, (1933) AC 449
Sutradhar v. Natural Environment Research Council(NERC) (2006) UKCL 33
Mc Ghee v. National Coal Board, (1972) 3 All E R 1008
Hotson v. East Buckshire Area Heath Authority, (1987) 2 All E R 909
Klaus Mittelbachert v. East India Hotels Ltd., AIR 1997 Del 201
Lagden v. O’Connor (2003) UKHL
Municipal Corporation of Delhi v Subhagwanti, 1966 AIR 1750
PART V:
REMEDIES
(approx. 5 classes)
(a)
Damages- Type of Damages/ Compensation- Measurement (Multiplier Method),
Compensation under Statutes, Constitutional torts, Role of NHRC
(b)
Injunctions
(c)
Specific restitution
(d)
Self help
Legislations:
1.
2.
3.
4.
5.
6.
7.
8.
Constitution of India
Fatal Accidents Act, 1855 (Ratanlal & Dhirajlal, The Law of Torts) pp. (109- 137)
Code of Criminal Procedure, 1973
Railways Act, 1989 (Ratanlal & Dhirajlal, The Law of Torts) pg 546
Carriage by Air Act, 1972 (Ratanlal & Dhirajlal, The Law of Torts) pg 547
Civil Liability for Nuclear Damage Act, 2010
Motor Vehicles Act, 1988
Public Liability Insurance Act, 1991 (Occupier’s Liability to Compensate Members of Public
(Ratanlal & Dhirajlal, The Law of Torts) pg 552
9. Workman Compensation Act, 1923 (P.S. Atchuthen Pillai, Law of Torts) pg 510
10. Consumer Protection Act, 1986
Leading Cases:
1.
2.
3.
4.
5.
6.
7.
Davies v. Powell Duffryn associated collieries limited 1942 A.C. 601
R.D. Hattangadi v. M/s. Pest Control (India) Pvt. Ltd., AIR 1995 SC755
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
General Manager, Kerala S.R.T.C v. Susamma Thomas (1994) 2 SCC 176
Arun Kumar Agrawal & Anr vs National Insurance Co. Ltd. & Ors on 22 July, 2010
Lata Wadhwa v. State of Bihar & Ors on 16 August, 2001
Nilabeti Behera v. State of Orissa, AIR, 1993 SC 1960
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Chairman, Railway Board v. Chandrima Das (2002) 2 SCC 465
Hindustan Paper Corpn. Ltd. v. Ananta Bhattacharjee, (2004) 6 SCC 213
State of Haryana v. Smt. Santra, AIR 2000 SC 1888
Puspa Thakur v. U.O.I., AIR 1986 SC 1199
Delhi Domestic Working Women’s Forum v. U.O.I., (1995)1 SCC 14
Klaus Mittelbachertvs East India Hotels Ltd.
General Manager, Kerala S.R.T.C v. Susamma Thomas (1994) 2 SCC 176
Balram Prasad v. Kunal Saha, (2014) 1 SCC 384
Rudul Shah v. State of Bihar 1983 AIR 1086
Saheli vs. Commissioner of Police, (AIR 1990 SC 513)
PART VI:
EXTINGUISHMENT OF LIABILITY IN TORTS (approx. 2 classes)
(a)
Actio Personalis Moritur Cum Persona- Exceptions, Immunity
(b)
Waiver and Acquiescence
(c)
Release
(d)
Accord and Satisfaction
(e)
Limitation
Leading Cases:
1. Rose v. Ford 1937 AC 826.
2. Klaus Mittelbachert v. The East India Hotels Ltd. AIR 1997 Del 201p.23
Political Science-I
Module 1
Introduction to Political Science
Meaning, Nature and scope of Political Science
Scope of Political Science
Approaches to the study of Political Science- Traditional approaches - Modern
approach
Political Theory and Its Significance
The Study of Law and Politics
Law and Political Ideologies
Politics and Law: The Problem of Boundaries
Module II
Origin of State
Nature of state
Meaning, definition, essential elements of the state
Difference between state and government, state and society, state and other
associations
Theories of origin of state: Historical/Evolutionary Theories, Divine origin theories,
Theories of Social contract and their relevance.
The Legal Structures of Democracy
Module III
Modern Political Concepts
Power-
Essential Features
Communication, Power and Political Community
Power and essentially contested concept
Liberty-
Importance of Freedom
Negative Freedom: Liberty
Positive Freedom: Freedom as Emancipation and Development
Significance of Equality
Formal Equality: Equality of opportunity
Political equality
Indispensability of Justice
Procedural Justice
Distributive Justice
Global Justice
Equality-
Justice -
Rights -
The Universality of Rights
Natural Rights
Moral and Legal Rights
Rights and Obligations
Democracy- Features of Democracy
Types of Democracy
Module IV
Western Political Thought
1.
2.
3.
4.
5.
6.
7.
8.
Plato
Aristotle
Machiavelli
Hobbes
Locke
Rousseau
Marx
Gramsci
Module V
Political Obligation and Political Authority
1. Ought and Obligations: Conceptual Clarifications
2. Obligation and Coercion
3. Political, Moral and Legal Obligations.
Module VI
Indian Political Thought
1.
2.
3.
M.K. Gandhi
B.R. Ambedkar
M.N. Roy.
Suggested Readings
Almod, G. A 1990. A Discipline Divided: Schools and Sects in Political Science, New Bury
Park, California, Sage
Calderia , Gregory A., Kelelmen R. Daniel, Whittington, Keith E 2008., The Oxford
Handbook of Law and Politics, Oxford University Press, New York
Gaus, Gerald. D’Agostino, Fred (eds.) 2013. The Routledge Companion to Social and
Political Philoshophy, New York
Bhargava, Rajeev.2010. What is Political Theory and why do we need it? Oxford University
Press, Delhi
Knowles, Dudley.2002, Political Philosophy, Routledge, London
Wolin S. Sheldon. 2004, Politics and Vision, Continuity and Innovation in Western Political
Thought, Princeton University Press, Princeton
Goodin, Robert E. & Petit, Philip. 1993, A Companion to Contemporary Political
Philosophy, Blackwell Publishing
Cranston Maurice (ed.).1964, Western Political Philosophers, The Bodley Head, London
Hampton, Jean.1998, Political Philosophy, Oxford University Press, Delhi
Dyson, R.W. 2007, Natural Law and Political Realism in History of Political Thought, 2
Vols. Peter Lang, New York
Held, David.1987, Models of Democracy, Polity Press
Deutch L Kenneth & Pantam Thomas(eds.). 2105 Political Thought in Modern India, Sage ,
New Delhi
Chatterjee, Partha & Katznelson, Ira. 2010. Anxieties of Democracy, Oxford University, Press
Articles from Journals
Dagger, Richard. What is Political Obligations Arizona State University
Sartorius, Rolf. Political Authority and Political Obligation
Wollf, Jonathan. What is the Problem of Political Obligation, Berbeck College, London
Le Baron, Bentley. Three Components of Political Obligations, Brock University
Wellman, Christopher. Towards and liberal theory of Political Obligation, University of
Chicago
Law and Language (English-I)
B.A., LL.B. (Hons.) First Year-First Semester
Law and Language
©Dr. Prasannanshu
Unit
I.
II.
III.
Topic
Introduction
i. Law, Language, Literature and Communication. 1
Law and Literature
ii. Poetry:
iii. Law (Poem), Dr. Prasannanshu
iv. The slave auction (Poem)
v. Autobiography:
vi. The Law and the Lawyers by M.K. Gandhi
vii. Section I : Gandhiji as a Law Student; 1 Preparation FOR England; 2 Preparation
for the Bar; 3 'Called'-But Then’; Section II : Gandhiji as a Lawyer; My Helplessness;
4 How I Began Life; 5 The First Case; 6 The First Shock; 7 Preparing for South Africa;
8 Arrival in Natal; 9 Some Experiences; 10 On the Way to Pretoria; 11 First Day in
Pretoria; 12 Preparation for the Case; 13 Man Proposes, God Disposes; 14 Settled in
Natal; 15 Colour Bar; 16 Settled in Bombay?; 17 Some Reminiscences of the Bar; 18
Clients Turned Co-Workers; 19 How a Client Was Saved; 25 The Great
Trial; Section IV: Lawyers and Satyagraha; 28 The Hallucination of Law Courts; 61
The Federal Court; 62 The Federal Court; Appendix 1: Tampering With Loyalty; A
Puzzle and its Solution; Shaking the Manes; Appendix III—Gandhiji as a Jurist; How
to Spiritualize the Profession; Untruth in Law Courts; Gandhiji’s Famous Customs
Declaration.
viii. Article:
ix. Why I Teach (A Prescription for the Post-Tenure Blues). Michael R. Cassidy
x. Plays:
xi. Antigone by Sophocles
xii. Merchant of Venice, Act 4
xiii. Literary Criticism:
xiv. Would Shylock Have Cut?
xv. Stories:
xvi. A Malefactor by Anton Chekhov
xvii. God sees the truth, but waits By Lev Nikolaevich Tolstoi
xviii. The Benefit of the Doubt
xix. Defence Speech:
xx. Pro Archia
xxi. Parables:
xxii. The meaning of Law; “Before the Law”, and “An Imperial Message”
xxiii. Journalistic Articles:
xxiv. Legality of Book-Banning
xxv. It’s the right of every man to make fair comment, Fali S. Nariman
No. of
Lectures
2
1
15
2
4
4
1
3
3
4
4
3
1
1
Appendices (For self-study by the students):
a.
b.
c.
d.
Law and Linguistics by Prasannanshu
How to take the Examinations? by Prasannanshu
How to do your Research Project? by Prasannanshu
A Sample Research Paper
Regards,
Prasannasnhu
Course Outline and Readings
Module-1- Introduction to Legal History (Two Weeks)
1.1. What is ‘Legal History’?- Contributions of Henry Maine and F.W. Maitland towards
development of this discipline
1.2. Importance of learning Legal History
1.3. Interface between logic of History and logic of Law
1.4. Liberal Legal Education and Legal History
1.5. Value of History as a part of contemporary Legal Education
1.6. Legal systems in India
Readings:
1. Jim Philips, ‘Why Legal History Matters’, the revised text of the John Salmond
Lecture, delivered at the Victoria University of Wellington, 24 June 2010
2. Calvin Woodard, ‘History, Legal History and Legal Education’, Virginia Law Review, Vol.
53, No.1 (Jan., 1967), pp. 89-121
3. Marc Galanter, Judicial and Legal systems of India’, Encyclopedia of Asian History, 1988
Module-2-History relating to Law of Sedition (1.5 weeks)
2.1. Evolution of Sedition as a penal law
2.2. The political Trials under sedition
2.3. Federal Court v. Privy Council: Conflict in Interpretation
2.4. Constitutional Assembly Debates and Restrictions on freedom of speech
2.5. Post-Independence and Judicial Tests on sedition
2.6. Recent Experience –Interpretation of sedition by Judiciary
Readings:
1. Law of sedition in India, Research Project The Indian Law Institute New Delhi, pp 9-17
2. A.G. Noorani, Indian Political Trials 1775-1947, 114-136, 163-184, 223-227
3. SiddharthNarrain, ‘Disaffection’ and the Law: The Chilling Effect of Sedition Laws in India,
EPW, February 19, 2011 vol xlvi no 8
1
4. Lawrence Liang, Sedition and the Status of Subversive Speech in India, The wire, February
14, 2016, http://thewire.in/21547/sedition-and-the-status-of-subversive-speech-in-india/ (Last
accessed on June 27th, 2016)
5. Ritanjan Das and Abhijit Sengupta, Conversations on Sedition, March 7, 2016,
https://kafila.org/2016/03/07/conversations-on-sedition-ritanjan-das-and-abhijit-sengupta/ (Last
accessed on June 27th, 2016)
Module 3: Orientalist contributions to Indian justice system (Three Weeks)
3.1. The Imperial Ideology
3.2. Rule of Law during Colonial Rule
3.3. European settlements in India and development of authority under Charters—the Charter of
1600, 1661 and 1726
3.4. Administration of justice in Madras, Bombay and Calcutta- Cases of Rama Kamti, Patna
Case, Cossijurah and Kamaludin
3.5. The grant of Diwani—The Working of Dyarchy- Anarchy?
3.6. Establishment of Adalat system and reforms: Warren Hasting’s plan of 1772, Pitt’s Act and
reforms of Lord Cornwallis
3.7. Evangelicalism and free trade in India—The Charter of 1813 and the Charter of 1833
3.8. Movement towards Codification- Focus on enactment of Laws and policies
Readings:
1. Sekar Bandyopadhyay, From Plassey to Partition—A History of Modern India, pp.66-75
2. Bernard S. Cohn, Colonialism and Its Forms of Knowledge: The British in India, pp.57-75
3. Antony Webster, The political economy of trade liberalization: the East India Company
Charter Act of 1813, The Economic History Review
4. Elizabeth Kolsky, Codification and the Rule of Colonial Difference: Criminal Procedure in
British India, 23 Law & Hist. Rev. 631 2005
5. Edward Burke speech on Warren Hastings impeachment, downloaded from
Impeachment of Hastings, Part of Prose of Edward Burke, Ed. Sir Philip Magnus (1948)
Module 4: Movement towards the self-governance and the making of the Constitution
(Three Weeks)
4.1.
4.2.
4.3.
4.4.
4.5.
The Judiciary and the Legal System—the Indian High Courts Act, 1861, Federal Court
and Privy Council, The Indian Councils Act, 1909
The Political unrest, Minto-Morley reforms, and the New Delhi
The Constitutional Reform; Montague-Chelmsford Reforms
The Government of India Act, 1919—The Provincial Governments, the Indian States and
the Government of India
The Government of India Act, 1935—The Dyarchy- Judiciary, Legislature and the Home
Government of India
2
4.6.
Making of Indian Constitution--Justice system post-independence--Separation of powers
and independence of judiciary-- Constitution of Supreme Court and High Courts—
Jurisdiction and powers
Readings:
1. M. Ramaswamy, Constitutional Developments in India, 1600-1955, Stanford Law
Review, Vol. 8, No. 3 (May, 1956), pp. 326-387
2. Rohit De, Constitutional Antecedents, In The Oxford Handbook of the Indian
Constitution, Edited by Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta
3. Atul Chandra Patra, Landmarks in the Constitutional History of India, Journal of the
Indian Law Institute , Jan.-Mar., 1963, Vol. 5, No. 1 (Jan.-Mar., 1963), pp. 81-131
Module-5: History of Law against Discrimination (1.5 Weeks)
5.1. Slavery in Ancient India
5.2. From Criminal salvage to habitual offenders
5.3. Temple Entry litigations and judicial interventions
5.4. Equality and protective discrimination under the Constitution
Readings:
1. Amrita Mukherjee, Colonial Continuities: Criminal Tribes and the Cult of the Thug, 7 J.
Comp. L. 96 2012
2. Milind Bokil, De-Notified and Nomadic Tribes: A Perspective, Economic and Political
Weekly, Vol. 37, No. 2 (Jan. 12-18, 2002), pp. 148-154
3. Marc Galanter, The Religious Aspects of Caste: A 'Legal View, Chapter 13, in South
Asian Politics and Religion, Princeton University Press
4. Marc Galanter, Equality and "Protective Discrimination" in India, Rutgers Law Review
5. Bret Boyce, Sexuality and Gender Identity under the Constitution of India, 18 J. Gender
Race & Just. 1 2015
Module 6: Women and Law: Then and Now (Two weeks)
6.1.
6.2.
6.3.
6.4.
6.5.
6.6.
Women in the Indian Past—‘Sati’ and its prohibition under law
Age of Consent debate
Debates around Hindu Code Bill
Uniform Civil Code
Women’s reservations in legislature
Sexual Harassment at Workplace
Readings:
1. Lata Mani, Production of an Official Discourse on "Sati" in Early Nineteenth Century
Bengal, Economic and Political Weekly, Vol. 21, No. 17 (Apr. 26, 1986), pp. WS32WS40
2. Tanika Sarkar, Rhetoric against Age of Consent Resisting Colonial Reason and Death of
a Child-Wife, Economic and Political Weekly September 4, 1993
3
3. Harold Lewis Levy, Lawyer-Scholars,Lawyer-Politicians and The Hindu Code Bill 19211956, Law & Society Review, Vol. 3, No. 2/3, (Nov., 1968 - Feb., 1969), pp. 303-316
4. S. P. Sathe, Uniform Civil Code: Implications of Supreme Court Intervention, Economic
and Political Weekly, Vol. 30, No. 35 (Sep. 2, 1995), pp. 2165-2166
5. Nivedita Menon, Elusive 'Woman': Feminism and Women's Reservation Bill, Economic
and Political Weekly, Vol. 35, No. 43/44 (Oct. 21 - Nov. 3, 2000), pp. 3835-3839
6. S. C. Srivastava, Sexual Harassment of Women at Work Place: Law and Policy, Indian
Journal of Industrial Relations, Vol. 39, No. 3 (Jan., 2004), pp. 364-390
4
Introduction to the Course
‘History of Legal and Constitutional Developments in India’ for Students of the First
Semester at NLU, Delhi
(August to December, 2021)
Introduction:
It is necessary to know the historical background of law to understand the purpose of law.
History is a vital part of legal education. Law students should acquire analytical skills and
substantive knowledge to have a deeper understanding about the nature of law. Study of
History gives profound knowledge about the status of society before and after the
enactment. Therefore legal developments cannot be separated from historical background.
The past has contributed immensely to mould the present form of any system. The present
period demands a look at history to evaluate the legal systems today. That gives a better
understanding about how law is shaped by other forces. Law does not exist in a vacuum. It
is not just a set of abstract ahistorical principles. For example, the origin of land law in India
is connected with abolition of the zamindari system and abolition of untouchability is to get
rid of caste and class discriminatory system that prevailed in India. Thus law requires a
historical introduction to understand its purpose and objectives.
The first Module of our course is to give an introduction to Legal History. This Module deals
with evolution and debates around the origin of this discipline. The major argument is that
the law's past cannot be separated from the host of other pasts that historians concerns
themselves with – social history, political history, economic history, cultural history,
gender history etc. The changing economy and new political ideals of the period contributes
to change in law. The subject of legal history became a teaching subject first in U.S. A. and
Britain. This module traces the importance of learning this discipline and growth of the same
in the Indian Legal education system.
The Second Module that focuses on ‘Evolution on law relating to Sedition in India’ is to
understand the methodology of legal history while studying law. This module is incorporated
as Second Module immediately after the First Module to make the students understand how
historical antecedents are important to engage with the law as it stands today and to
understand various legal traditions to evaluate the law. The methodology of ‘applied legal
history’ can be best demonstrated with the help of this module while imparting knowledge on
the topic, historical evolution of jurisprudence around ‘law of sediiton’.
The third and fourth Modules elaborate on the growth of uniform form of justice systems in
India. The Module traces incidents of special significance that have a bearing on the
evolution of self-government. The necessity of securing justice and order led to the
progressive extension of direct British sovereignty and gradually resulted in many
instruments of self-control by Indians. This transformation was not smooth and gentle, many
paid with their lives to attain each step of progress. We intend to learn about the transfer
from British Supremacy to Indian Self-control over the years through political agitations and
legal instruments which emerged at each phase to obtain the same. We deal with the
5
Charter Acts of 1813 & 1853, The Government of India Act, 1919, the Government of India
Act, 1935, the Indian Independence Act, 1947 and the Indian Constitution, 1950 in a critical
perspective over there.
The fifth Module deals with certain aspects in law that addressed discrimination based on
their status in legal history. It is interesting to see how law becomes a tool at different
phases of history to oppress and dominate over the marginalised sections of the society. To
deal with the contemporary issues of debates on discrimination, we look at debates on
temple entry legislations and rights of the sexual minorities.
The Sixth Module deals with evolution of law relating to women in India. Law is one amongst
the number of important factors in trying to understand the ways in which women are
subordinated. The feminist engagement with law has resulted in critical learning of law from
intersectional perspective and demanded equality in rights. Women’s movement viewed
laws as a potential source of emancipation for women, having power and legitimacy to
bring about egalitarian social transformation. The learning is devised here looking at
important social movements against Sati, movements to implement Hindu Code Bill, Uniform
Civil Code, age of consent Bill, right to representation at Legislature and Sexual Harassment
law etc.
Though legal history is a broad subject of study, considering the time frame at hand, we
intend to cover the above mentioned six modules during this semester. I expect that this
learning will give us both analytical and substantive insight about historiography of law in
India.
The Objectives of the Course:
The purpose of this course is to understand and critically examine:
(a)
(b)
(c)
(d)
(e)
(f)
Healthy developments in the nationalistic history of law,
Rational and logical connections between phases of legal developments,
Different perspectives of looking at development of law,
Overlap between history, sociology, economics, politics and law,
Shift in law according to demands of the society, and
Pattern of legal behaviour with respect to society and time.
Methodology of Teaching:
The course will be mainly taught through discussion method. Selected important articles are
given in the background material. The articles necessary for reading will be sent through
common e-mail to be read and discussed in the class. The other readings necessary for
classroom teaching will be announced in the class. The course teacher may also invite experts
from the concerned area for interactive lectures.
Dr. Sophy K.J. & Mr. Syed Iqbal Ahmad
6