B.A.LL.B. (Hons.) Semester-VII
Law and Economics
Economics provides a scientific theory to predict the effects of legal sanctions on behaviour. For example, a producer knows that his product sometimes harms users. How safe should he make the product? First, it depends upon the actual cost of safety (design and manufacture), and the implicit price of harms to users imposed through the producer's legal liability. Liability is a sanction for harming others. The producer may take help of lawyers to estimate this implicit price. After obtaining the information, the producer will compare the cost of safety and the implicit price of accidents. He will adjust safety, to maximise profits, until the actual cost of additional safety equals the implicit price of additional accidents. In addition to a scientific theory of behaviour, economics provides a useful normative standard for evaluating law and policy. Laws are not just arcane technical arguments. They are instruments for achieving important social goals. In order to know the effects of laws on those goals, judges and other law-makers must have a method of evaluating effects of laws on important social values. Economics predicts the effects of policies on efficiency and distribution. Economic analysis often takes for granted such legal institutions as property and contract, which dramatically affect the economy. For instance, the absence of secure property and reliable contracts paralyses the economies of some nations in third world. Economist, besides substance, can learn techniques from lawyers. For example, economists frequently support the merits of voluntary exchange, but they do not have a detailed account of what it means for exchange to be voluntary. In case of contract law, it has a complex and well- articulated theory of violation. So the economists, to find their models closer to reality, will have to listen to what the law has to teach them.
Law and English Language
The ability to communicate clearly and effectively is an essential component of any lawyer's skill set, both inside and outside the courtroom. The objective of this course is to introduce students to the nuances of legal language and writing, and its use and application through the study of judicial opinions, common legal maxims and legal terminology. It also seeks to familiarize students with the principles governing legal drafting, and equip them with the ability to draft simple legal documents. And with academic legal writing assuming increasing significance in this day and age, both for students and practitioners, emphasis has also been placed on developing and honing students' research and writing skills through the study of the works of eminent jurists, as also practical writing exercises.
The Environmental Law program, in contrast to other law curricula, has certain characteristics which make it unique and is one of the best instruments for breaking the ice of colonial legal education. Its uniqueness lies in the fact that the problems it raises do not relate merely to specific individuals but to such matters as national development, industrial policy, policies concerning natural resources, injustice to communities, inter-generational equity and prevention of pollution. All these issues related to problematic about the construction of a just, humane, and healthy society. Secondly, environmental law necessarily demands an interdisciplinary approach. Thirdly, the uniqueness of the subject is borne out by the new epistemological outlook which ecology - related knowledge has brought about in recent times. The development of ecological knowledge has necessitated an overall change not only in managerial studies but also in socio-legal explorations. This approach to the growing dimensions of environments law essential.
CODE OF CIVIL PROCEDURE AND LAW OF LIMITATION
The objective of the paper is to apprise the students with the basic understanding of Civil Procedural law and familiarizing the students with the various stages through which a civil case passes through, and the connected matters. The Code of Civil Procedure plays a crucial and decisive role in the regular and efficient adjudication of civil disputes. A Uniform procedure was proposed for application of a code of fair, simple and uniform procedures, applicable to all the courts of the Country. Procedural law is not only handmaiden of justice but plays important role in achieving justice then substantive law. The statement that substantive law resides in the interstices of procedure reflects this reality. Knowledge of procedural law is an essential tool in the armory of the legal practitioner. For a successful litigation it is necessary to face all potential challenges of procedural nature. The Limitation Act, 1963 is an adjective enactment and addresses a very important aspect of civil law. It not only prescribes the limitation period for various legal proceedings and enforcement of rights but also speaks of condonation procedures and exclusion of time etc. Without studying the Law of Limitation any knowledge of the Civil Procedures shall remain inchoate. The main goal of the course is to insure a systematic knowledge (theoretical and practical) of civil procedure law. Students have to acquire theoretical knowledge about civil procedure (litigation, non-litigation and executive), its institutes, method, sources, rules (constitutional and particularly for each of the proceedings), actions of the parties and the court, the science of civil procedure law. In this way, this subject gives students the possibility to apply knowledge in practice. Also, students have the possibility to estimate the role and place of civil procedure law in the system of legal norms, especially in the relation of form-content. One of the goals of the course is to enhance students' knowledge about the Civil Procedure Code, 1908 and other sources of this subject. Students have to acquire knowledge in divergence and convergence of civil law and common law procedures.
PRINCIPLES OF LEGISLATION AND INTERPRETATION OF STATUTES
Law is intrinsic to a society governed by rule of law; it not only affects human conduct and behavior but also lays down guidelines for maintenance of peace and order in a reasonably just society. Law as a powerful tool in the hands of the state has, hence, always intrigued the law-makers, judges and members of civil society alike. Law-making for any state is indeed the most taxing affair. Legislations if framed diligently can bring about a positive social change and on the other hand if not framed and interpreted diligently, it can become a handy instrument in the hands of oppressor thereby upsetting the balance of the legal system. Therefore, a lot of checks and balances have been created at the level of organs of the Government to ensure that legislation subserves the ultimate purpose for which it has been enacted. Legislations are set to endure for ages and therefore, a lot of principles and tools of interpretation have been devised to easily accommodate the legislation to the changing society. Law is thus, not merely to be interpreted generally in context of the black letter of law. At times, there is a need to go beyond the mere textual interpretation of law, to further the objective of the legislation and ascertain the true intent and purport behind the legislation. As Oliver Wendell Holmes stated, "life of law has not been logic but experience." This raises a pertinent debate surrounding role of judiciary as a law-making institution, as H.L.A Hart observed that it is only the tradition that the judges 'find' and do not make law.
INTELLECTUAL PROPERTY RIGHTS
Intellectual Property has acquired tremendous role in the present technology driven economy throughout the world. The significant factors that contribute for the development of International Law of Intellectual Property Rights are global dynamics, expansion of voluminous trade, increasing interdependence of international commerce, the development of science and technology and means and flow of communication. This course gives back ground of the international perspective in a nutshell and in detail explains about its application in the National Regime. This course aims to familiarize the students with Concept, nature, characteristics and internationalization of Intellectual Property. It also involves the study of important international instruments in the field of Intellectual Property with more emphasis on TRIPS agreement and the current issues. This course is designed to give thorough knowledge of domestic legislation to protect intellectual property covering enactments like The Copyright Act, 1957, The Patent Act, 1970, The Trade Marks Act, 1999 etc.