Download Law as the Product of Traditions and Culture: Colonization and the Introduction of Common and more Schemes and Mind Maps Bankruptcy Law in PDF only on Docsity!
LL.M 1st^ Semester LAW AND SOCIAL TRANSFORMATION
Course Objectives: This course is designed to offer the teacher and the taught with – (a) Awareness of Indian approaches to social and economic problems in the context of law as a means of social control and change; and (b) A spirit of inquiry to explore and exploit law and legal institutions as a means to achieve development within the framework of law. The endeavor is to make the students aware of the role the law has played and has to play in the contemporary Indian society The following syllabus prepared with these perspectives will be spread over a period of one semester
Methods of teaching-learning: Case studies and case analysis or actual social issues based problems analysis is one of the sure methods of discovering law in books to support the law in action. Similarly problem oriented studies and enquiry is ideal for generating interest among the student community. In view of the teaching-learning system it is good to set the evaluation system as well. Case-studies and presentation; problem research and analysis, drafting problem solutions, sending students to the area prone to related problem to learn the procedure and interrogative questions on that procedure would be a good form of assessment. Terminal Test should also have more reliance on problem-solution.
Course outcome: A true understanding of the student over the subject will help them to work in a diverse field of law. They may be able have a better understanding of the law and society and may understand the impact of law on society and vise versa.
UNIT-I Law and Social change and Alternative approaches to Law 5 Hours
- Law as an instrument of Social Change
- Law as the product of Traditions and Culture and its Criticism and Evaluation in the light of colonization and the introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
- The Jurisprudence of Sarvodaya: Gandhiji, Vinoba Bhave, Jayaprakash Narayan — Surrender of dacoits, Concept of Grama Nyayalayas.
- Socialist thought on Law and Justice: An enquiry through constitutional debates on the right to property
- Indian Marxist critique of Law and Justice
- Naxalite Movement: Causes and Cure
UNIT-II Religion and Community and the Law 15 Hours
- Religion: a. Religion as a divisive factor b. Secularism as a solution to the problem c. Reform of the law on secular lines: Problems d. Freedom of religion and non-discrimination on the basis of religion e. Religious minorities and the law
- Caste: a. Caste as a divisive factor b. Non-discrimination on the ground of caste. c. Acceptance of caste as a factor to undo past injustices d. Protective discrimination: Scheduled castes, tribes and backward classes. e. Reservation; Statutory Commissions, Statutory provisions.
Paper Code: ML-101 Law and Social Transformation Core Paper Credits:
UNIT-III Regionalism and Language and the law 15 Hours
- Language: a. Language as a divisive factor b. Formation of linguistic states c. Constitutional guarantees to linguistic minorities d. Language policy and the Constitution: Official language; multi-language system e. Non-discrimination on the ground of language.
- Regionalism: a. Regionalism as a divisive factor b. Concept of India as one unit c. Right of movement, residence and business; impermissibility of state or regional barriers. d. Equality in matters of employment: the slogan “Sons of the soil” and its practice.
UNIT-IV Women and Children and the law 15 Hours
- Women: a. Crimes against women b. Gender injustice and its various forms c. Women’s Commission d. Empowerment of women: Constitutional and other legal provisions
- Child: a. Child labor b. Sexual exploitation c. Adoption and related problems d. Children and education
UNIT-V Modernization and the Law 15 Hours
- Modernization as a value: Constitutional perspectives reflected in the fundamental duties
- Modernization of social institutions through law
- Reform of family law
- Agrarian reform-Industrialization of agriculture
- Industrial reform: Free enterprise v. State regulation-Industrialization v. environmental protection
- Criminal law: Plea bargaining; Compounding and payment of Compensation to victims
- Civil law (ADR) Confrontation v. consensus; mediation and conciliation; Lok Adalats
- Prison reforms
- Democratic decentralization and local self – government
Suggested Books:
- Marc Galanter (ed.), Law and Society in Modern India (1997 ) Oxford,
- Robert Lingat, The Classical Law of India (1998), Oxford
- U. Baxi, The Crisis of the Indian Legal System (1982). Vikas, New Delhi.
- U. Baxi (ed.), Law and Poverty Critical Essays (
- Duncan Derret, The State, Religion and Law in India (1999). Oxford University Press, New Delhi.
- H.M. Seervai, Constitutional Law of India (1996),
- D.D. Basu, Shorter Constitution of India (1996), Prentice - Hall of India (P) Ltd., New Delhi.
- Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000) Armol Publications, Delhi.
- Savitri Gunasekhare, Children, Law and Justice (1997), Sage
LL.M 1st^ Semester CONSTITUTIONAL LAW – NEW CHALLENGES
Course Objective: The Constitution, a living document, is said to be always in the making. The judicial process of constitutional interpretation involves a technique of adapting the law to meet changing social mores. Constitution being the fundamental law, an insight into its new trends is essential for meaningful understanding of the legal system and processes. The post-graduate students in law who had the basic knowledge of Indian Constitutional Law at LL.B. level, should be exposed to the new challenges and perspectives of constitutional development while they are allowed to choose an area of law for specialization. Obviously, rubrics under this paper require modification and updating from time to time.
Teaching Methodology: Lecture Method with PPT, Discussion Method, Tutorials, Assignments, Audio-video clips, Seminars/Workshops.
Course Outcome: At the completion of the course students will be able-
- Analyze the historical background, Nature, Preamble in the light of challenges
- Define the state, fundamental rights and DPSP with related challenges in present Scenario
- Describe the separation of power, Judicial activism and other perspective of Constitutional development
UNIT- I: Introduction
- Historical Background (Government of India Act, 1935 and Parliamentary debates).
- Nature & Salient features of the Constitution
- Preamble
- Creation of new states (Constitutional Interest vs. Political Interest)
- Centre State Relations
- Special status of certain states
- Tribal Areas, Scheduled Areas.
UNIT- II: State
- Definition, Meaning and duties and functions of the state
- Need for widening the definition in the wake of liberalization and globalization.
- Law inconsistent with or in derogation of the fundamental rights.
- Right to Equality in context of Privatization & Globalization and its impact on affirmation action.
- Empowerment of Weaker Section of the Society
UNIT- III: Challenges regarding Fundamental Rights and Directive Principles
- Emerging regime of new rights and remedies fundamental Rights, Directive Principle and fundamental Duties.
- Right to Education, Right to Information, Freedom of Press.
- Trial by Media
- Right to Strike
- Compensatory jurisprudence
Paper Code: ML- 102 Indian Constitutional Law – New Challenges
Core Paper
Credits:
UNIT- IV: Challenges before Judiciary
- Separation of Powers: Stress and strain
- Judicial Activism and Judicial Restraint a. PIL Implementation
- Judicial Independence: Appointment and Removal of judges a. Accountability of Judges, b. Disclosure of Assets by the executive and judiciary
- Tribunals
- Check and Balance
UNIT-V: Other Challenges
- Criminalization of Politics
- Democratic Process in India
- Election commission: Status, Functions and Electoral Reforms
- Coalition government
- Grass-root Democracy
- Secularism and Religious Fanaticism
Suggested Books:
- H.M. Seerwai : Constitutional Law of India
- V.N. Shukla : The Constitution Law of India
- D.D. Basu : Constitution Law of India
- J.N. Pandey : Constitution Law of India
- M.P. Jain : Constitution Law of India
b. Communication process and handling them c. Keep it short and sweet in communication – Composing effective messages. d. Non – Verbal Communication: its importance and nuances: Facial Expression, Posture, Gesture, Eye contact, appearance (dress code).
- Written Communication Skill Practice: a. Correction of errors, Making of Sentences, Paragraph Writing, Leave Application b. Simple Grammatical use – Punctuation, Meaning, Opposites, Real Life conversations, Vocabulary building
- Concept of 4 methods for Presentation: Preparation & Introduction, Presentation Evaluation / Feedback Summarization /Conclusion, Delivery of presentation
- Team Building /Coordination Skills: Team Building Practices through group exercises, Team task / Role play, Ability to mix & Accommodation Ability to work together, Concept of Group, Group Dynamics, Team building
- Organizational Skills: a. Time Management– Definition, Need, Principles, Advantages and Disadvantages, Time Management techniques. b. Goal Setting- Concept of goal-setting, Importance of goals, SMART (Specific, Measurable, Achievable, Realistic, Time-bound) goals, Do's and Don’ts about goals.
UNIT III: Personality Development (15 hours)
- Introduction to Personality and working towards developing it: Definition & Basics of personality, Analyzing strength & weaknesses, Corporate theories on personality Development, Increasing Vocabulary, Body Language, Preparation of Self Introduction
- Communication skill and handling attitude: Communication Skills, Listening, Communication Barriers, Overcoming these Barriers, Building Self Esteem and Self Confidence, Working on attitudes .i.e. aggressive, assertive, and submissive
- Leadership Techniques in Personality development: Introduction to Leadership, Leadership Styles, Group Dynamics, Team Building
- Stress and time management skills: Interpersonal Relationships, Analysis of Ego States, Transactions, & Life positions, Stress Management, Causes, Impact & Managing Stress, Introduction to conflict management, Time Management, Concept of time management, Steps towards better time management
Suggested Books:
- SOFT SKILLS, Career Development Centre, Green PearlPublications
- Covey Sea,Seven Habits of Highly Effective Teens, New York, Fireside Publishers,
- 1998, ISBN: 9781476764665
- Carnegie Dale, How to win Friends and Influence People, New York: Simon & Schuster, 1998, ISBN: 1439167346
- Thomas A Harris, I am ok, You are ok , New York Harper and Row, 1972, ISBN 13: 9780060724276
- Daniel Coleman, Emotional Intelligence, Bantam Book, 2006, ISBN: 055380491X
- Shiv Khera, ―You Can Win, A&C Black, ISBN:9780230331198.
LL.M 1st^ Semester CRIMINOLOGY PENOLOGY AND SENTENCING PATTERN
Paper Code: ML-103 Criminology Penology and Sentencing Pattern
Choice Based Group A
Credits:
Objective of the Course: This course offers a deeper understanding of criminal policies including theories of punishment, their supposed philosophical and sociological justifications and the problematic of discretion in the sentencing experience of the; developing' societies, a focus, normally absent in law curricula so far. The expert work of the U.N. Committee on Crime Prevention and Treatment of Offenders will be availed of in this course. Especially, at each stage, the three 'D's will be explored as offering a range of alternatives: decriminalization, dependence, deinstitutionalization. Broadly, the course will concern itself with:
- Theories of Punishment
- Approaches to Sentencing
- Alternatives of Imprisonment
- The State of Institutional Incarceration in India: Jails and other custodial Institutions.
- The problems of Capital Punishment
- Penology in relation to privileged class deviance
- Penology in relation to marginalized deviance of criminality
- The distinctive Indian (historical and contemporary) approaches to penology
Methodology of teaching learning: Case study method shall be the main method of learning to be followed. The information sharing and flow of information among the teacher and taught has to work as bonding of the entire course. Case comments, specialist’s lecture and book review can also be a method of research writing in this paper.
Learning Outcome: On completion of this UNIT students will be able to:
- Understand the nature and extent of crime.
- Compare the schools and theories of criminology.
- Explain the will be able to explain the concept of penology.
- Describe the theories of punishment related to capital punishment, the statues where death penalty is prescribed andthe important cases whereby the apex court have given the guidelines for imposing death penalty.
- Analyze the sentencing pattern..
UNIT-I: The Concept of Crime 15hours
- Definition of Crime,
- Characteristics of Crime- Sin and Crime, Crime and Morality
- Classification of Crimes under Criminology
- Classification of offences under I.P.C
- Crime without Victim
UNIT-II: Theories of Criminology 15hours
- Inter-relation between Criminology, Penology and Criminal Law,
- School of Criminology,
- Causation of Crime,
LL.M 1st^ Semester CORPORATE GOVERNANCE AND FINANCE
Paper Code: ML- 104
Corporate Governance And Finance
Choice Based Group B
Credits:
Course Objective: Corporate governance is a multi-faceted subject. An important theme of corporate governance deals with issues of accountability and fiduciary duty, essentially advocating the implementation of guidelines and mechanisms to ensure good behavior and protect shareholders. Another key focus is the economic efficiency view, through which the corporate governance system should aim to optimize economic results, with a strong emphasis on shareholders welfare. There are yet other aspects to the corporate governance subject, such as the stakeholder view, which calls for more attention and accountability to players other than the shareholders (e.g.: the employees or the environment).Hence the course is designed to provide in-depth knowledge in the context to students.
Teaching Methodology: Lecture Method with PPT, Discussion Method, Tutorials, Assignments, Audio-video clips, Seminars/Workshops
Course Outcome: After completion of the course the student will be able to:
- Trace the development of Corporate Governance & Analyze the role, principles and importance of corporate Governance in a Corporation and Society.
- Assess the Regulatory framework related to corporate governance.
- Discuss all related concept of corporate restructuring.
- Generate the Post Merger reorganization pathway for the corporations.
- Discuss corporate restructuring & finance and make them confident to participate in ongoing public and political debates on corporate governance and corporate social responsibility.
UNIT 1- Introduction (10 HOURS)
- Evolution of Corporate Governance – Ancient and Modern Concept.
- Importance of Corporate Governance,
- Principles of Corporate Governance in global scenario,
- National scenario of Corporate Governance- Reports of the various Committees on Corporate Governance, Business Ethics vis-à-vis Corporate Governance a. Kumar Mangalam Birla Committee b. Naresh Chandra Committee c. N.R. Narayan Murthy Committee d. Irani Committee
- Corporate Social and Environmental Responsibility
UNIT-2- Regulatory Framework (10 HOURS)
- The Securities and Exchange Board of India Act, 1992 a. Establishment and Jurisdiction b. Role of SEBI in Capital Market c. Powers and Functions d. Securities Appellate Tribunal-Establishment, Scope of Jurisdiction and Penalties
- The Competition Act, 2002 and its role in Corporate Governance
- The Insolvency and Bankruptcy Code, 2016
- Insolvency and Bankruptcy Code(Amendment) Ordinance, 2018
UNIT-3- Corporate Reconstruction and Organizational Restructuring (25 HOURS)
- Meaning, need, scope and modes of corporate restructuring.
- Difference between corporate restructuring and corporate reorganization
- Mergers and Amalgamations
- Takeovers
- Corporate Demergers / Splits and Divisions
- Revival and Restructuring of Sick Companies
Cases:
- Hindustan Lever Employees’ Union v. Hindustan Lever Ltd. AIR 1995 SC 470
- Miheer H. Mafatlal v. Mafatlal Inds. Ltd. AIR 1997 SC 506
- Maharashtra Apex Corp. Ltd., In re. 2005 (124) Comp. Cases 637
- Swedish Match AB v. SEBI, India AIR 2004 SC 4219
- Clariant International Ltd. v. SEBI AIR 2004 SC 4236
- B.S.E. Brokers Forum, Bombay v. SEBI AIR 2001 SC 1010
- Bombay Stock Exchange v. Jaya I. Shah AIR 2004 SC 55
- Navnit R. Kamani and Ors. v. R.R. Kamani AIR 1989 SC 9
UNIT 4 - Post Merger Integration and Reorganization (10 HOURS)
- Accomplishment of objectives
- Criteria of success, profitability
- Gains to shareholders
- Post merger valuation
- Measuring Post Merger Efficiency
- Factors in Post Merger Reorganization
UNIT 5- Financial Restructuring and Corporate Finance (20 HOURS)
- Financial Restructuring in corporate restructuring
- General Introduction to Corporate Finance a. Meaning, Importance and Scope of Corporation Finance b. Capital Needs - Capitalization - Working Capital - Securities-Borrowings Deposits Debentures c. Objectives of Corporation Finance - Profit Maximization and Wealth Maximization d. Constitutional Perspectives - The Entries 37, 38, 43, 44, 45, 46, 47, 52, 82, 85, and 86 of List 1 - Union List; Entry 24 of List 11 - State List.
- Equity and Debt Finance a. Share Capital b. Prospectus - Information Disclosure c. Issue and Allotment d. Shares without Monetary Consideration e. Non-Opting Equity Shares Debentures f. Nature, Issue and Class g. Deposits and Acceptance h. Creation of Charges i. Fixed and Floating Charges j. Mortgages K. Convertible Debentures
- Conservation of Corporate Finance and Corporate Fund Raising
LL.M 1st^ Semester PERSPECTIVE IN FEDERALISM
Paper Code: ML-105 Perspective in Federalism Choice Based Group (C) Credits:
Objectives of the course: Constitutionalism essentially means a limited government. Where government functions according to certain principles, it is said to be abiding by constitutionalism. Must it be a democracy or can it be an autocracy also. In ancient India, the king was supposed to act according to dharma. Constitutionalism does not merely imply majority rule, it has to be a consensual rule. In this paper, there will be extensive study on centre and state relationship along with emerging trends in this area. The paper attempts to cover theoretical and practice of federal principles. In order to make it intensive study, the comparative study of other countries is also brought within its fold. There is a value-addition in traditional sphere of federalism by adding fiscal relationship module. The emerging challenges in financial relationship between centre and state will help student to work with different research agencies and institutions.
Method of Teaching-Learning: Lecture Method with PPT, Discussion Method, Tutorials, Assignments, Audio-video clips, Seminars/Workshops
Course Outcome: After the completion of the course the student will be in a position to-
- Explain the origin and development of the U.S. Constitution and constitutional democracy.
- Demonstrate knowledge of the origins and evolution of the federal system, with a focus on growth of political institutions in the federal counties.
- Understand and analyze the various federal system and explain the ways in which different political systems divide and share power between their central and state governments.
UNIT 1: Constitutionalism (Lecture-13)
- What is Constitution?
- What is Constitutionalism?
- Limited Government
- Constitutionalism in USA, Great Britain, France, Germany and India
- Modern Constitutionalism
References
- Mcllwain, Charles Howard, Constitutionalism Ancient and Modern
- Andrews, William G, Constitutions and Constitutionalism
- Friedrich, Carl J, Constitutional Government and Democracy, Ch VII, Ch VIII, Ch IX, Ch X, Ch XIII
- Wheare, K.C., Modern Constitutions
UNIT -2: Federalism (Lecture-16)
- What is a federal government? Salient features of federalism.
- Difference between confederation and Federation
- Cooperative Federalism
- Conditions requisite for federalism
- Patterns of Federal Government – USA, Australia, Canada, India and Switzerland
References
- Wheare, K.C., Federal Government
- Seervai, H.M., Constitutional Law of India
- Jain, M.P. Indian Constitutional Law
UNIT 3: Legislative Relations (Lecture-16)
- Territorial Jurisdictions
- Distribution of Legislative powers
- Principles of Interpretation
- Repugnancy
- Residuary Power
- Parliamentary Legislation in the State field
- Distributions of powering other Federations -Canada, USA, Australia
References
- Seervai, H. M., Constitutional Law of India
- Jain, M.P., Indian Constitutional Law
- Freidrich, Carl J, Constitutional Government and Democracy, Ch IX,
- Laskin, Bora, Canadian Constitutional Law Att. Gen for Canada v. Att. Gen for Ontario, 1937 A.C. 326
- Russel v The Queen 7 AC 829
- Att. Gen for British Columbia v Att. Gen for Canada 1937 A.C. 377
- Corwin, The Constitution: What it means today
- Looper, Limitations on the Treaty Power in Federal States, 34 NYULR, 1045
- Ramaswamy, M, The Commerce Clause in the Constitutions of the Indian States
- Sawer, Australian Constitution
- Howard, Colin, Australian Federal Constitutional Law
- Bailey, Studies in the Australian Constitution
UNIT 4: Union – State Financial Relations (Lecture-16)
- Centre- State relations
- Factors responsible for sub-ordination of States
- Distribution of Fiscal Power a. Scheme of Allocation of taxing b. Extent of Union Power of Taxation c. Residuary Power- inclusion of fiscal power
- Restriction of Fiscal Power a. Fundamental Rights b. Inter-Government tax immunities c. Difference between tax and Fee
- Distribution of Tax Revenue
- Borrowing power of the State
- Planning and Financial Relations
LL.M 1st^ Semester HUMAN RIGHTS IN INTERNATIONAL ORDER
Paper Code: ML- 106
Human Rights in International Order
Choice Based Group (D)
Credits:
Course Objective: Human Rights [HR] are the basis of human existence. The universality and significance of Human Rights can hardly be underestimated, however it gathered importance only at the far end of Second World War when United Nation come up in 1948 with the Universal Declaration of Human Rights[UDHR]. Since then, the scope of HR has been widening through conferences, conventions, covenants and declaration at International Level, and inculcate into national legislation at domestic level. The supporters of HR have kept this movement vibrant, inspired through International Organizations, NGOs, and Individual movements and even by State legislations. The transformation in the attitude of world community in general and domestic community in particular can significantly evident the growing strength and respect for HR. However, the ultimate goal of HR free from any bondages still far, though not beyond our reach. The international philosophy of HR is not yet inculcated and utterly failed to percolate in most of the domestic system, which is prominently reflected on close scrutiny of Indian system. Despite the last six decade’s indomitable perseverance, much of the HR is yet not achievable. This might be due to the difference between the approach towards HR at international level and at domestic forefront. In addition, the lack of awareness by individual, apathy by State, deliberate neglect by authorities has made issues more critical and crucial. Specifically, on the world map, the African continent is remarkably lagging behind to fulfill the objectives of HR on all index of HR. This made the study of “International Human Rights Law” more vital, incidental and one of the deserving subjects in the curriculum for this region. Thus, the course is developed with the prime objectives to enhance theoretical understanding and practical appreciation by students on the core issues of “International Human Rights Law”. The focus and the objectives of the course are –
- To develop understanding of HR philosophy at International Level
- To analyze the role of various organizations and their implementation mechanism for HR at various level
- To develop a mechanism for scrutinizing domestic hurdles in implantation, and enforcement of HR and their interactive interdependency
- To visualize the upcoming issues at International level and their effect on domestic system
Method of Teaching-Learning: Class room Lecture – This will include the various classroom inputs in the form of lectures, classroom teaching, PowerPoint Presentation – including audiovisual aids, Home assignments, Class room discussion, Class room presentation
Course Outcome: After the course the student will be in a position to
- Replicate on the content of the modern system of International Human Rights Law.
- Explain the role of international organizations in promoting awareness of human Rights.
- Demonstrate the role of International agencies while enforcement of Human right Law.
- Connect the domestic laws with international instrument on the points.
- Visualize the upcoming issues at International level and their effect on domestic system
UNIT-1: Introduction 15 Hrs
- Understanding of Human Rights
- History and philosophy of Human Rights
- Emergence of International Human Rights Law
- Emergence of Domestic Human Rights
UNIT-2: Nature of Human Rights: 15 Hrs
- Characteristics of Human Rights – Various approaches
- Human Dignity and Human Rights
- Human Rights – its importance for survival of various social, political and economical institutions , Democracy & Civil Society
- Universalism verses Relativism
UNIT-3: Internationalization of Human Rights 15 Hrs
- Transformation of ‘Value’ to ‘Norm’ or Human Rights as Normative standard
- Progressive development and codification of Human Rights
UNIT-4: Development of International Human Rights Law 15 Hrs
- Human Rights – Under various conferences and covenants including UDHR, ICCPR, ICESCR
- Civil and political Rights under International Human Rights Law
- Economic and social Rights under International Human Rights Law
- Other international regional and international Human rights Convention
UNIT-5: Implementation of Human Rights 15 Hrs
- At international Level
- At regional Level
- Influence of HR on Domestic Laws
- International Human Rights Law – Some current problems and Challenges
- Protection of Human Rights at Regional level a. European b. American c. African d. Asian
Suggested Books :
- Almqvist, Jessica ;Human Rights, Culture and the Rule of Law, 2005 JC599.A
- Alston, Philip ;Labour Rights as Human Rights, 2005 ;HD6971.8.L
- Bagshaw, Simon ;Developing a Normative Framework for the Protection of Internally Displaced, 2005 ;K3230.R45B
- Beiter, Klaus ;The protection of the Rights to education by international law, 2006 ;K3259.5.B
- Brownlie, Ian ;Principles of Public International Law, 2003 KZ3225.B76A37 2003
- Carwasaw, Ralph ;Essential Cases on Human Rights for the police: reviews and summaries of volume 4, 2006 ;K5401.C
- Cynthia Price Cohen ;Jurisprudence on the Rights of the Child, 2005 K639.A
LL.M IInd^ Semester LEGAL EDUCATION AND ADVANCE RESEARCH METHODOLOGY
Course Objective: Research has pervaded every field of knowledge and law is not an exception. It has undergone drastic changes in last few decades. The main objectives of introducing such a subject at Master level is to provide the basic concepts and application of research in the field of law. Other objective is to inculcate and develop research and teaching aptitude among the students to make a career in teaching or pursue research in future.
Methods of teaching-learning: BCI and other guidelines and the development of law and legal education should be centric while first component of the course. Actual social issues based problems analysis is one of the sure methods of discovering law in books to support the law in action. Similarly problem oriented studies and enquiry is ideal for generating interest among the student community. Case-studies and presentation; problem research and analysis, drafting problem solutions, sending students to the area prone to related problem to learn the procedure and interrogative questions on that procedure would be a good form of assessment. A post- graduate student of law should get an insight into the objectives of legal education. He should have an exposure to programs like organization of seminars, publication of law journals and holding of legal aid clinics.
Course Outcome: Teaching of this paper will enhance the teaching and research aptitude of the students which would be helpful to them in further research and teaching skills and aptitude. Growth of legal science in India depends on the nature and career of legal research. The syllabus is designed to develop also skills in research and writing in a systematic manner.
UNIT-I: Origin and development of Legal Education and Models of Teaching Law 15 Hrs
- Objective of legal education
- Role of BCI, Role of UGC
- Legal education and Constitution of India
- Lecture method of teaching- Merits and Demerits
- Problem method – Merits and Demerits
- Discussion method and its suitability at Post Graduate legal teaching
- Seminar method of Teaching – Kinds, Merits and Demerits
UNIT-II: Evaluation And Assessment: Issues And Challenges 15 Hrs
- Examination System and Problems in Evaluation
- Kinds of Assessment – External, Internal assessment etc.
- Students’ participation in Law School programs and Clinical legal education.
UNIT-III: Law, Society And Research 15 Hrs
- Meaning, Scope and Objectives of Research, Scientific Method and Research
- Various categories of Research
- Methods of Research and Research Methodology
- Meaning, Scope, Purpose etc. of Legal Research
- Doctrinal and Non Doctrinal Legal Research
Paper Code: ML- 201 Legal Education and Research Methodology Core Paper Credits:
- Different Models of Legal Research
- Sources of Information
- Induction and Deduction Techniques
- Current trends in Legal Research
UNIT-IV: Research Design 15 Hrs
A. Contents of Research Design:
- The Planning Stage – a. Identification of Research Problem b. Survey of available Literature and Bibliographical Research, Legislative materials including Subordinate Legislation, Notification and Policy Statement, Juristic Writings c. Hypothesis of a research problem
- The Design stage – a. Design of experiment or inquiry b. Definition and Measurement of Variables c. Identification of the ‘Suitable Population’ for the study and of ‘Sampling’ procedures d. Tools and techniques for gathering data
- The Operational Stage – a. Drawing of the Finances and Budgeting b. Recruitment and Training of the staff
- The Completion Stage – a. Analysis and; b. Interpretation of Data B. Kinds of Research Models
UNIT-V: Stages of Research and Report Writing 15 Hrs
- Identification and Formulation of a research problem
- Review of literature
- Formulation of a hypothesis
- Research design
- Collection of data - use of Historical and Comparative research materials, use of Observation studies, use of Questionnaires and Interviews, use of Case studies, Jurimetrics
- Analysis of data
- Interpretation of data
- Research Report Writing
Suggested books:
- Methodology and Techniques- By T.S. Bhandarkars & T.S. Milkinson
- Methods in Social Research – By William J. Goode & Paul K. Hatt.
- Development of Research Tools- By N.C. Gautam.
- Designs of social Research- By D.K. Lal Das.
- Doing quantitative Research in the Social Sciences-By Thomas R. Black.
- Research Methods in behavioral sciences-By S.M. Mosil.
- Legal Research Methodology-By Dr. H.N. Tiwari.
- Legal Research – William P. Satisky.
- Legal Research Methodology- By Shilpa Agarwal
