This paper has no statute behind it: it is examined on the schools of legal thought and on the strength of the arguments they make. Analytical, natural law, historical, sociological and realist positions are each stated in their own terms before they are criticised. Where a point needs a provision — the sources of law, custom, precedent, or legal personality — the Constitution or the Act concerned is cited in the chapter itself.
The sections below are the ones the LL.B. papers examine on this Act, with the unit that covers each and the cases decided on it. The official text is on India Code ↗.
Sections in the syllabus
s. 7(1)
s. 8
s. 10
Cases on this Act
- John Austin and the command theory of law
- Jeremy Bentham: the expositor and the censor
- Hans Kelsen: the pure theory of law and the grundnorm
- H.L.A. Hart: law as a system of rules
- Lon Fuller: the morality of law, and the argument with Hart
- The natural law tradition: Grotius, Kant, Hegel and Del Vecchio
- Savigny and the historical school: law as the spirit of a people
- Duguit and the theory of social solidarity
- Roscoe Pound: social engineering and the theory of interests
- American realism: Gray, Holmes, Frank and Llewellyn
- Scandinavian realism: Hagerstrom, Olivecrona, Lundstedt and Ross
- The Marxist theory of law
- Feminist legal theory
- Hohfeld and the analysis of jural relations
- Salmond on rights and duties, and the quarrel about correlativity
- Ownership: Salmond, Austin and Dias
- Possession: Salmond, Paton, and the argument between Savigny and Holmes
- The theories of corporate personality
- Juristic persons in the Indian courts: the idol, the Guru Granth Sahib and the rivers
- Finding the ratio: Goodhart, Wambaugh and Lord Halsbury