CHRIST (Deemed to University), Bangalore

DEPARTMENT OF school-of-law

school-of-law

Syllabus for
Master of Philosophy (Law)
Academic Year  (2018)

 
1 Semester - 2018 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
RLW131 LEGAL RESEARCH METHODOLOGY - 4 6 100
2 Semester - 2018 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
RLW231 CONSTITUTIONAL LAW - 4 4 100
RLW241D JUVENILE JUSTICE IN INDIA - 4 4 100
3 Semester - 2017 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
RLW381 DISSERTATION - VIVA VOCE - 5 10 200
    

    

Introduction to Program:
The students are introduced to their specializations
Assesment Pattern

Continues internal assessments for theory course 50%, end semester examination 50%

Examination And Assesments

Continues internal assessments for theory course 50%, end semester examination 50%

RLW131 - LEGAL RESEARCH METHODOLOGY (2018 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:6

Course Objectives/Course Description

 

To inculcate the spirit of research

To enhance research and writing skill

To make the students capable of prosecuting further socio-legal research

Course Outcome

The student would be able to undertake higher socio-legal/legal research

Unit-1
Teaching Hours:20
Inter-disciplinary Orientation to Research
 
Philosophical Foundations of Research 
Interdisciplinary, multi-disciplinary and cross disciplinary research 
Ethics and Values in Research
Doing Review of Literature 
Quantitative & Qualitative Research Methods 
Data Collection and  Data Analysis:  Tools and Plans
Research Designs and Strategies 
Theories, Constructs, Variables, and Model Building 
Sampling Designs 
Scaling & Scale construction technique  
Academic Writing and Referencing styles
Plagiarism
Proposal Writing 
Unit-2
Teaching Hours:20
Research Software Training
 
Quantitative Analysis (SPSS)
 Qualitative Analysis (DEDOOSE)
Unit-3
Teaching Hours:20
LEGAL RESEARCH METHODOLOGY
 

  INTRODUCTION                                                                                                

·         Legal research- meaning, nature and scope

·         Types of legal research

·         The raison d’etre

 

RESEARCH PROBLEM, HYPOTHESIS, RESEARCH DESIGN                

·         Research problem- meaning, concept

·         Hypothesis and testing of hypothesis

·         Research questions

·         Research design- meaning, essentials, forms and major steps

 

METHODOLOGY AND RESEARCH TOOLS                                                

·         Legal research techniques

·         Tabulation

·         Teaching as a tool of research

·         Case law observation

·         Analysis of statutory law

·         Empirical methods

·         Sampling techniques

·         Interviewing

 

TABULATION, ANALYSIS, INTERPRETATION &REPORT WRITING 

·         Classification and tabulation of data

·         Analysis and interpretation of data

·         Use of statistical methods and computers in legal research

·         Methods of citation and reporting.

Text Books And Reference Books:

1.      M.O.Price, H.Bitner and Bysiewiez, Effective Legal Research (1978)

2.      Pauline V. Young, Scientific Social Survey and Research, (1962)

3.      William J. Grade and Paul K. Hatt, Methods in Social Research, Mc Graw-Hill Book Company, London

4.      H.M.Hyman, Interviewing in Social Research (1965)

5.      Payne, The Art of Asking Questions (1965)

6.      Erwin C. Surrency, B.Fielf and J. Crea, A Guide to Legal Research (1959)

7.      Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.

8.      Havard Law Review Association, Uniform System of Citations.

9.      ILI Publication, Legal Research and Methodology

10.  Gideon Sjoberg; Nett, Roger. Methodology for Social Research Jaipur Rawat Publishers (2006)

11.  Singh, Amarjit; Sadhu A N. Research Methodology in Social Sciencess, Bombay Himalaya (1980)

12.  Pande, G C; Research Methodology in Social Sciences,  New Delhi Anmol (1999)

13.  Tripathi P C; A Textbook of Research Methodology in Social Sciences New Delhi Sultan Chand & Sons (2005)

14.  by Krishnaswami, O R; Ranganatham, M.; Methodology of Research in Soical Sciences, Bangalore Himalaya Publishing House (2005)

Essential Reading / Recommended Reading

1.      Payne, The Art of Asking Questions (1965)

2.      Erwin C. Surrency, B.Fielf and J. Crea, A Guide to Legal Research (1959)

3.      Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.

4.      Havard Law Review Association, Uniform System of Citations.

5.      ILI Publication, Legal Research and Methodology

Evaluation Pattern

CIA 1 - 50 marks converted to 25

CIA 2 - 40 marks converted to 20

ESE   - 100 marks converted to 50

Attendance -                           05

__________                           __

Total                                      100

RLW231 - CONSTITUTIONAL LAW (2018 Batch)

Total Teaching Hours for Semester:45
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This paper is designed with a view to educate the pupil about the fundamental rights underlining the relevant legislations which are having wider ramification on the interpretation of the provisions of the Constitution.

Course Outcome

The student will acquire higher level understanding of the Constitutional Law.

Unit-1
Teaching Hours:11
Freedom of speech and expression
 

 Scope and applicability of article 19 -Freedom of speech and expression under article 19(1)(a)- media as an instrument of expression

·         Facets of speech and expression under article 19(1)(a)- right to circulate-right to receive information-right to broadcast-right to advertisement- right to criticize

·         Freedom of speech as a human right

·         Freedom of press- importance of freedom- media accountability

Unit-2
Teaching Hours:12
Restrictions on Right to freedom
 

·         Restrictions under article 19(2)-interference before publications - pre-censorship- pen should not incite offence

·          Test to determine the reasonableness of the restriction – meaning and scope of term ‘in the interest of public order’

·         Freedom of press and law of contempt- reporting court news: problems & perspectives- observation of court-free speech irrespective of pending proceedings- right to evaluate and criticize the work of courts

·         Defamation, free Speech & democratic governance- right to reputation- liability for publication- right to reply

Unit-3
Teaching Hours:11
Protection against arrest, detention & in respect of conviction of offences
 

·         Meaning and Scope of article 20 & 22 –meaning and condition of arrest

·         Safeguard against abuse of criminal law- right against self incrimination- judicial response

·         Rights of accused- right to defend

Unit-4
Teaching Hours:11
Protection of life and personal liberty
 

·         Right to life and personal liberty (Article 21)- scope-emerging concepts

·         Principles of due process of law – interpretation- judicial response

·         Article 21 and Freedom of speech and expression- free speech v fair trial

·         Right to fair trial- current scenario- comparative perspective-

·         Judicial interpretation of term ‘Life and Liberty.

Text Books And Reference Books:

Indian Constitutional Law by M. P. Jain

Constitutional law of India ny T. K. Tope

Constitutional Law of India by  H.M. Seervai (Vol. I an II)

Constitution of India by  V.N.Shukla

 

Essential Reading / Recommended Reading

Indian Constitutional Law by M. P. Jain

Constitutional law of India ny T. K. Tope

Constitutional Law of India by  H.M. Seervai (Vol. I an II)

 Constitution of India by  V.N.Shukla

Evaluation Pattern

CATEGORY

4

3

2

1

Organization

Information is very organized with well-constructed paragraphs and subheadings.

Information is organized with well-constructed paragraphs.

Information is organized, but paragraphs are not well-constructed.

The information appears to be disorganized. 8)

Amount of Information

All topics are addressed and all questions answered with at least 2 sentences about each.

All topics are addressed and most questions answered with at least 2 sentences about each.

All topics are addressed, and most questions answered with 1 sentence about each.

One or more topics were not addressed.

Quality of Information

Information clearly relates to the main topic. It includes several supporting details and/or examples.

Information clearly relates to the main topic. It provides 1-2 supporting details and/or examples.

Information clearly relates to the main topic. No details and/or examples are given.

Information has little or nothing to do with the main topic.

Sources

All sources (information and graphics) are accurately documented in the desired format.

All sources (information and graphics) are accurately documented, but a few are not in the desired format.

All sources (information and graphics) are accurately documented, but many are not in the desired format.

Some sources are not accurately documented.

Paragraph Construction

All paragraphs include introductory sentence, explanations or details, and concluding sentence.

Most paragraphs include introductory sentence, explanations or details, and concluding sentence.

Paragraphs included related information but were typically not constructed well.

Paragraphing structure was not clear and sentences were not typically related within the paragraphs.

RLW241D - JUVENILE JUSTICE IN INDIA (2018 Batch)

Total Teaching Hours for Semester:45
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The paper aims at providing an understanding of the growth and working of juvenile justice system in India with a comparative approach. Further, the paper will examine the legislative framework and judicial response to it in India.

Course Outcome

The Students will gain a higher level understanding on Juvenile Justice System in India.

Unit-1
Teaching Hours:12
Juvenile Justice - Introduction
 

·         History and Growth  

·         Juvenile justice system vs. Criminal justice system

·         International Perspective

·         UN Standard Minimum Rules

·         Convention on Rights of Child

·         Havana Rules

·         Riyadh Guidelines

·         Vienna Guidelines

·         Comparative Perspective

·         USA

·         UK

Unit-2
Teaching Hours:10
Historical Development of the Juvenile Justice System in India
 

·         Conceptual Development

·         Doctrine of paren patriae

·         ‘Welfare’ to ‘Rights’

·         Development of Legislative Framework

Unit-3
Teaching Hours:12
Normative Structure of the Juvenile Justice System in India
 

·         Juvenile Justice Act, 1986

·         Juvenile Justice (Care and Protection) Act, 2000

·         Juvenile Justice (Care and Protection of Children) Act, 2015

Unit-4
Teaching Hours:11
Judicial Process and Juvenile Justice in India
 

·         Protective Approach

·         Determination of Age of Child

·         The Supreme Court’s Initiative

·         Sheela Barse v Union of India (1985)

·         Salil bali v. Union of India (2013)

·         Dr. Subramanian Swamy And Ors v. Raju Thr. Member Juvenile Justice Board (2014)

Text Books And Reference Books:

The Juvenile Justice System in India by Ved Kumari, (Second Edition 2010)

APA Handbook of Psychology and Juvenile Justice by Kirk Heilburn (Ed) 2016

Juvenile Justice – international Perspectives, Models, and Trends by John A. Winterdyk (Ed) 2015

Juvenile Justice (Care and Protection of Children) Act, 2015 – Critical Analysis by Ved Kumari (2017)

Juvenile Justice: A Text Reader by Ridhard Lawrence and Craig Hemmens (2008)

Juvenile Justice by Donald J. Shoemaker and Timothy W. Wolfe (2005)

Juvenile Justice by Francine T. Sherman and Francine H. Jacobs (eds)

Juvenile Justice – An Introduction by John T Whitehead and Steven P. Lab, 7th edn (2013)

Reforming Juvenile Justice – A Developmental Approach by National Research Council of the National Academies (2013)

Essential Reading / Recommended Reading

The Juvenile Justice System in India by Ved Kumari, (Second Edition 2010)

APA Handbook of Psychology and Juvenile Justice by Kirk Heilburn (Ed) 2016

Juvenile Justice – international Perspectives, Models, and Trends by John A. Winterdyk (Ed) 2015

Juvenile Justice (Care and Protection of Children) Act, 2015 – Critical Analysis by Ved Kumari (2017)

Juvenile Justice: A Text Reader by Ridhard Lawrence and Craig Hemmens (2008)

Juvenile Justice by Donald J. Shoemaker and Timothy W. Wolfe (2005)

Juvenile Justice by Francine T. Sherman and Francine H. Jacobs (eds)

Juvenile Justice – An Introduction by John T Whitehead and Steven P. Lab, 7th edn (2013)

Reforming Juvenile Justice – A Developmental Approach by National Research Council of the National Academies (2013)

Evaluation Pattern

CATEGORY

4

3

2

1

Organization

Information is very organized with well-constructed paragraphs and subheadings.

Information is organized with well-constructed paragraphs.

Information is organized, but paragraphs are not well-constructed.

The information appears to be disorganized. 8)

Amount of Information

All topics are addressed and all questions answered with at least 2 sentences about each.

All topics are addressed and most questions answered with at least 2 sentences about each.

All topics are addressed, and most questions answered with 1 sentence about each.

One or more topics were not addressed.

Quality of Information

Information clearly relates to the main topic. It includes several supporting details and/or examples.

Information clearly relates to the main topic. It provides 1-2 supporting details and/or examples.

Information clearly relates to the main topic. No details and/or examples are given.

Information has little or nothing to do with the main topic.

Sources

All sources (information and graphics) are accurately documented in the desired format.

All sources (information and graphics) are accurately documented, but a few are not in the desired format.

All sources (information and graphics) are accurately documented, but many are not in the desired format.

Some sources are not accurately documented.

Paragraph Construction

All paragraphs include introductory sentence, explanations or details, and concluding sentence.

Most paragraphs include introductory sentence, explanations or details, and concluding sentence.

Paragraphs included related information but were typically not constructed well.

Paragraphing structure was not clear and sentences were not typically related within the paragraphs.

RLW381 - DISSERTATION - VIVA VOCE (2017 Batch)

Total Teaching Hours for Semester:45
No of Lecture Hours/Week:5
Max Marks:200
Credits:10

Course Objectives/Course Description

 

To inculcate Research skills.

Course Outcome

At the end of the course will be able to carry on Research.

Unit-1
Teaching Hours:45
Dissertation
 

Students are required to select their dissertation topic at the beginning of the academic year and do their research under the guide allotted to them. Reports of research work have to be submitted and presented regularly as per the schedule given by HOD. The dissertation has to be submitted after successful completion of course work and research.  Dissertation work carries 200 marks in total.

 

 

Text Books And Reference Books:

Legal Research Methodology-ILI publication

Essential Reading / Recommended Reading

Legal Research Methodology-ILI publication

Evaluation Pattern

The dissertation submitted by the candidate will be assessed by two experts (One Internal and One External).  The candidates also have to appear for final viva voce. Assessment of dissertation based on adjudication and viva; along with the assessment of theory papers will be considered to declare the final results.