Legal Theory and Law Relating to Women

Overview of the CourseLegal theory deals with the theoretical study of law, and tries to explain the nature of law, provides deeper understanding of legal reasoning and role of law in society. Law affords special protection to women, in order to ensure equality, dignity, and freedom from discrimination. This course would explain in detail all the components of Legal Theory in its first part and gives an understanding of the law relating to women in the second part, with emphasis on position in India. The various schools of legal thought ranging from the Natural Law, Positivism, Historical Approach, Sociological Theories to the Realism and Critical Legal Studies are explained in a very lucid and succinct manner, with emphasis on their core beliefs. The opinions and postulates of prominent jurists like Bentham, Austin, Hart, Fuller, Dworkin, Kelsen, Savigny, Maine, Durkhein, Duguit, Pound, Holmes, Hagerstrom are highlighted for a complete understanding about the different views on law, its origin and purpose. The course touches upon the important legal maxims, legal and judicial systems in India. Apart from this, the law relating to women in the light of the Indian Constitution, Criminal Laws, Employment Laws, Personal Laws and International Law are explained in detail in this course. Further, the law regulating, prohibiting social evils faced by women in India, issues regarding reproductive rights, dowry and domestic violence are also dealt with extensively. The course would be useful for students of law, political science, advocates, social activists, civil societies and teachers of the subject.Course CoordinatorProf. (Dr.) G. B. ReddyProfessor of Law, University College of Law, Osmania University, Hyderabad.Course ExpertsProf. (Dr.) Y. Pratap ReddyICFAI Law School Hyderabad, Former Head, Dept. of Law, Osmania University, Hyderabad.Mrs. Pulipati SrideviAssistant Professor, Padala Rama Reddi Law College, Hyderabad.Teaching AssistantDr. S. B. Md. Irfan Ali AbbasVisiting Faculty, University College of Law, Osmania University, Hyderabad.Need for the CourseThe study of legal theory is essential for the wholesome understanding of the law, its origin and purpose. The study of legal theory points out the different, varied perspectives famous thinkers, jurists have had towards law and its objective, and also thereby guides in framing of the laws in an effective manner and also assists in better adjudication. The study of legal theory strives to increase students’ critical awareness of the challenges and complexities affecting the legal environment. The students would be in a position to create and apply abstract philosophical debates, present philosophical arguments and critically evaluate theories and the assumptions that form their bases.The initiatives that empower women legally can redress unequal power relationships. Gender equality is at the very heart of human rights. Effectively ensuring women’s rights requires, firstly, a comprehensive understanding of the social structures and power relations that frame not only laws and politics but also the economy, social dynamics and family and community life. This course aims to bring awareness among the students regarding the legal position of women, particularly in India, in various facets of their life like family, work, society; and also tries to emphasize on achieving women empowerment through a systematized legal system.Objectives of the CourseTo understand the significance of Legal Theory and the classification of legal thought.To study the meaning, concept, philosophy and theories of Natural Law.To understand the meaning and concept of Positivism with emphasis on Bentham and Austin.To study the Kelsen’s Pure Theory of Law.To understand the Hart’s Concept of Law and its Criticism.To study the theories of Sociological Jurisprudence, with the help of contributions of Ihering, Ehrlich, Durkheim, Duguit and Roscoe Pound.To understand the Historical Approach to Jurisprudence by Savigny and Henry Maine.To identify and understand the fundamental precepts of American and Scandinavian Realism.To appreciate the value of Critical Legal Studies, Economic Analysis of Law and Hindu Philosophy.To understand the status of women in India, in light of the recent legal developments and the position under the Constitution of India.To analyse the position of women under the personal laws, with respect to matrimonial causes and remedies.To understand the concept of domestic violence and dowry, from the perspective of protection of women.To study the position of women under the Criminal Laws.To understand the law regulating sexual harassment at workplace with respect to protection of women.To identify and understand the social evils prevalent against women in India, and the laws prohibiting the same.To understand the reproductive rights of women.To study the international relating to protection of women.To understand the meaning and need for women empowerment.

Week-1

1. Introduction to Legal Theory
2. Classification of Legal Thought
3. The Definition of Law
4. Natural law: Greek and Roman Legal Philosophy
5. Assignments

Week-2

1. Natural Law: Theological Approach
2. Natural Law: Renaissance Period
3. Natural Law: Modern Theories
4. Analytical Positivism: Bentham
5. Assignments

Week-3

1. Austin’s Positivism-1
2. Austin’s Positivism-2
3. The Pure Theory of Law: Kelsen
4. Hart’s Concept of Law
5. Assignments

Week-4

1. Criticism of Hart’s Positivism
2. The Historical Approach: Savigny
3. The Anthropological Approach: Henry Maine
4. Economic Theory of Law: The Marxist Approach
5. Assignments

Week-5

1. The Sociological Approach: Ihering, Duguit, Ehrlich
2. The Sociological Approach: Roscoe Pound
3. Sociological Jurisprudence in India
4. American Realism
5. Assignments

Week-6

1. Scandinavian Realism
2. American Jurisprudence: Rawls, Nozick, Dworkin
3. Elements of Hindu Jurisprudence
4. Indian Jurisprudence: Emerging Trends
5. Assignments

Week-7

1. Feminist Jurisprudence
2. Legal Maxims
3. Classification of Law & Hierarchy of courts
4. Legal and Judicial systems in India and search of law material
5. Assignments

Week-8

1. Present status of women – Role of law and the Constitution
2. Personal Laws and Women -1 Marriage
3. Personal Laws and Women -2 Matrimonial causes
4. Personal Laws and Women -3 Property Rights
5. Assignments

Week-9

1. Personal Laws and Women -4 Adoption and Maintenance Rights of Women
2. Criminal Law and Women
3. Women and Employment
4. Sexual Harassment of Women at work place
5. Assignments

Week-10

1. Law on Social evils faced by women in India
2. Women and Reproductive Rights
3. Dowry and Domestic Violence
4. International Law and Women Empowerment
5. Recent Developments in Law relating to Women in India
6. Assignments