National University of Study and Research in Law, Ranchi

Course Outline

Course Title: Legal Methods

Semester: I
Name of Teacher: Ms. Dipshi Swara
COURSE DESCRIPTION

Legal Methods is an integral course for first-semester law students, laying the groundwork
for their future legal studies and practice. It introduces first-semester law students to the
foundational techniques, legal institutions and principles of legal analysis, research, and
writing., and serves as the foundation course for teaching students to think, read and write
like a lawyer. For many, this may be the first contact with law. Keeping this in mind, the
Legal Methods course aims at building the capacities of the students to better understand
and critically engage with law and its methods of functioning. The subject warrants a level
of familiarity with laws, legal methods and processes, also imparting basic knowledge of
various aspects of law and skills in legal research and writing. The course proposes to
provide an impetus for a fascinating journey into the world of the dynamics of law, legal
principles and concepts, legal institutions and processes, law research and writing. A study
of the course will most certainly pave the way for constant brainstorming, debate,
discussion, deliberations and arguments, not only on the contents of judgments, statutes
and other tools of law, but also on processes that shape and influence law, and the
functioning of legal systems and institutions.

COURSE OBJECTIVE(S)

The objective of this paper can be summed up as follows:

 To provide a foundation in understanding law, legal concepts and principles, legal

methods and processes;
 To assist the students in acquiring familiarity with reading, comprehension of and

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 writing in legal language;
 To develop skills of reading and analysing Bills, statutes, legal provisions,
judgments and other basic legal documents;
 To hone the capacities of students in undertaking legal research and writing; and
 To improve the students’ level of confidence and interest in engaging with basic
aspects of law.

EVALUATION PATTERN
Mid-term examination: 20 marks
Internal Assessment : 30 marks
End-term examination: 50 marks
BASIC READINGS
 Legal Method by Dr. G.P.Tripathi, Central Law Publications, 2014
 Legal Method, Reasoning and Research Methodology by K.L. Bhatia and S.C.
Srivastava, Regal Publications, 2019
 Legal Method- An Introduction by G.V. Ajjappa and Sumeet Malik, Eastern Book
Company, Lucknow, 2023

WEEK 1– Introduction to Legal Method (5 hours)

 What is Law?
 Why do we need Law?
 Epistemological Roots
 Law and Society
 Nature and Scope of Legal Methods

Readings:

 Harris, Phil. An introduction to law. Cambridge University Press, 2016.

 Green, Leslie. "The concept of law revisited." (1996): 1687-1717.
 Griffiths, John. "Is law important." NYUL Rev. 54 (1979): 339.

WEEK 2– Introduction to Major Legal Systems of the World (5 hours)

 Common Law

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  Equity Law
 Civil Law
 Legal Pluralism (Communist Theory, Lenin Theory, Pashukanis’ Approach of Law,
Kelsen’s view, Karl-Renner Approach, Quinney Approach)

Readings:
 Apple, James G., and Robert P. Deyling. A primer on the civil-law system. Federal Judicial Center,
1995.
 Pound, Roscoe. The spirit of the common law. Routledge, 2018.
 Dainow, Joseph. "The civil law and the common law: some points of comparison." Am. J. Comp. L.
15 (1966): 419.
 Pejovic, Caslav. "Civil law and common law: Two different paths leading to the same goal."
Poredbeno Pomorsko Pravo 155 (2001): 7.

WEEK 3– Indian Legal System (5 hours)

 Hindu Law
o Sruti or Vedas
o Smritis
o Commentaries and Digests
o Sadachara or Custom
o Legislation
o Judicial Decisions
o Justice, Equity and Good Conscience
 Muslim Law
o Quran
o Traditions
o Ijma
o Qiyas
o Custom
 Christian and Parsi law

Readings:
 Ray, Surendra Nath. "Sources of Hindu Law." Allahabad LJ 5 (1908): 249.
 Kumari, Prema. "Sources of Hindu Law." Issue 2 Indian JL & Legal Rsch. 5 (2023): 1.

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  Singh, Rakesh Kumar. Textbook on Muslim law. Universal Law Publishing, 2015.
 Khadduri, Majid. "Nature and Sources of Islamic Law." Geo. Wash. L. Rev. 22 (1953): 3.
 Jois, Rama. Legal and Constitutional History of India: Ancient, Judicial and Constitutional System.
Universal Law Publishing, 2004.

WEEK 4– Approaches to the Study of Law (5 hours)

 Indian Approach- Concept of Dharma

 Western Approach-
o Natural School
o Analytical School
o Historical School
o Sociological School
o Realist School
Readings:
 Avtar Singh & Prof (Dr) Harpreet Kaur, 5th ed. Lexis Nexis (2020).
 Kantorowicz, Hermann. "Savigny and the historical school of law." LQ Rev. 53 (1937): 326.
 Elise G. Nalbandian, Positivist Theory of Law- H. L. A. Hart: Hart's Concept of Law Rev. 138 2009.

WEEK 5 – Nature of Law (5 hours)

 Law and Morality
 Law and Fact (Question of Law and Question of Fact)
 Territorial Nature of Law
 Functions of Law
o Normative functions
o Social functions
o Direct Social functions
o Primary social functions
o Secondary social functions
o Indirect social functions
 Administration of Justice
o Distributive Justice
o Social Justice

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 o Economic Justice
o Political Justice
o Corrective Justice

Readings:
 Scheller Jr, Arthur. "Law and Morality." Marq. L. Rev. 36 (1952): 319.
 Shavell, Steven. "Law versus morality as regulators of conduct." American law and economics
review 4.2 (2002): 227-257.
 Burchardt, Dana. "The functions of law and their challenges: the differentiated functionality of
international law." German Law Journal 20.4 (2019): 409-429.
 Rights, Equality, Liberty and Justice, https://egyankosh.ac.in/bitstream/123456789/21021/1/Unit-
20.pdf
 Parnami, Komal. "Concept of justice difficulties in defining justice." Int'l JL Mgmt. & Human. 2
(2019): 80.

WEEK 6 – Classification of Law (5 hours)

 Municipal Law and International Law
o Municipal Law
o Public International Law
o Private International Law
 Public Law and Private Law
o Constitutional Law- Preamble, Rule of Law, Separation of Powers,
Fundamental Rights & Duties
o Administrative Law
o Civil Law and Criminal Law
o Personal Law and Territorial Law
 Substantive Law and Procedural Law
 Introduction to statute law and rules of statutory interpretation
Readings:
 O'Connell, Daniel P. "Relationship between International Law and Municipal Law." Geo. LJ 48
(1959): 431.
 Tomka, H. E., Jessica Howley, and Vincent-Joël Proulx. "International and Municipal Law before
the World Court: One or Two Legal Orders?." Polish Yearbook of International Law 35 (2015): 11-
45.
 Barnett, Randy E. "Foreword: four senses of the public law-private law distinction." Harv. JL &
Pub. Pol'y 9 (1986): 267.

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  Rosenfeld, Michel. "Rethinking the boundaries between public law and private law for the twenty
first century: An introduction." International journal of constitutional law 11.1 (2013): 125-128.

WEEK 7– Sources of Law (5 hours)

 Custom
 Constitution
 Federal Structure
 Hierarchy of Law
 Salient features
 Codes and Codification
 Central Legislations
 State Legislation
 Reading a statute and principles of interpretation
 Ordinances
 Precedents
 Doctrine of Stare Decisis
 Ratio decidendi and Obiter dictum
 Methods to determine ratio decidendi
 Binding nature of judgments
 Rights of appeal and leave to appeal

Readings:
 Srikrishna, Belllur, The Indian Legal System, 36 International Journal of Legal Information.
 Introduction to the Indian Legal System,
https://egyankosh.ac.in/bitstream/123456789/52029/1/Block-1.pdf.

WEEK 8– Court Structure in India (5 hours)

 Supreme Court of India
 High Courts
 Subordinate/ Trial Courts
 Fast Track Courts
 Tribunals
 Quasi-Judicial Bodies
 Alternative Forum for Resolution of Disputes- Arbitration, Mediation and
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 Conciliation
 Lok Adalats
Readings:
 Handbook on Legal System and Procedures, https://cgda.nic.in/pdf/Handbook%20on%20Legal
%20System%20&%20Procedure.pdf.
 Baxi, Upendra. The crisis of the Indian legal system. Alternatives in development: Law. Stranger
Journalism, 1982.

WEEK 9– Legal Culture, Human Values and Professional Ethics (5 hours)

 Relationship between Language and Culture

 Relationship between Law and Language
 Language and Legal Education
 Law and Culture
 Importance of Human Values and Professional Ethics

Readings:
 Harutyunyan, Kristine. "On the Relationship between Language and Culture." Armenian Folia
Anglistika 7.1 (8) (2011): 134-138.
 Grossfield, Bernhard. "Language and the Law." J. Air L. & Com. 50 (1984): 793.
 Friedman, Lawrence M. "Legal culture and social development." Law and society review (1969):
29-44.
 Frankel, Tamar, and Tomasz Braun. "Law and Culture." BUL Rev. Online 101 (2021): 157.

WEEK 10– Legal Reasoning (5 hours)

 Types of legal reasoning: deductive, inductive, and analogical
 Application of legal reasoning in problem-solving
 Judge-made Law
 The role of the judiciary in law-making
 Reading: Selected cases and commentary

Readings:
 Schauer, Frederick F. Thinking like a lawyer: a new introduction to legal reasoning. Harvard
University Press, 2009.
 Jain, Mahabir Pershad. "Role of the Judiciary in a Democracy." JMCL 6 (1979): 239.
 Sagar, Akshay. "The Role of Judiciary in India and Pendency of Cases: an overall view." Available

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 at SSRN 3798261 (2021).

WEEK 11 – Legal Research (5 hours)

 What is Research?
 Objectives of Research
 Types of Research
 Research methods and Research methodologies
 What is Legal Research?
 Scope of Legal Research in the Common Law System and the Civil Law System
 Purpose of Legal Research:
o Ascertainment of law
o Highlighting inbuilt ‘gaps’ and ‘ambiguities’
o Determining consistency, coherence and stability of law
o Social auditing of law
o Suggesting reforms in law
 Sources of information
o Primary sources
o Secondary sources
o Tertiary sources
 Major stages in legal research
Readings:
 Dubey, Umesh Kumar B., and Dwarkadas Pralhaddas Kothari. Research methodology: Techniques
and trends. Chapman and Hall/CRC, 2022.
 Vibhute, K. I. "Legal Research Methodology." (2018): 237-246.

WEEK 12 – Doctrinal and Non- Doctrinal Research (5 hours)

 Difference between doctrinal and non- doctrinal research
 Advantages and limitations of doctrinal research
 Advantages and limitations of non-doctrinal research
 Inter-relation between Doctrinal and Non-doctrinal Legal Research
 Doctrinal Research
o Primary and Secondary sources
o Use of legal databases such as Westlaw, LexisNexis, and Manupatra
o Law Journals- Legal Periodicals and Reviews
o Internet
o Websites

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 o Text Books
o Encyclopedia
o Reports
o Mode of citations

Readings:
 Dubey, Umesh Kumar B., and Dwarkadas Pralhaddas Kothari. Research methodology: Techniques
and trends. Chapman and Hall/CRC, 2022.
 Vibhute, K. I. "Legal Research Methodology." (2018): 237-246.

WEEK 13– Empirical Research (5 hours)

 Data Collection and different sources of data collection
 Research Design: Major steps
 Fundamentals of Literature Reviews
 Hypothesis: Importance and Types of it
 Sampling: What is sampling and what are the different types of it
 Current Trends in Legal Research
o Mono-disciplinary legal research
o Trans-disciplinary legal research
o Inter-disciplinary legal research
 Social Science Research Techniques applied in legal research
 Legal Research and Law Reforms
Readings:
 Dubey, Umesh Kumar B., and Dwarkadas Pralhaddas Kothari. Research methodology: Techniques
and trends. Chapman and Hall/CRC, 2022.
 Vibhute, K. I. "Legal Research Methodology." (2018): 237-246.

WEEK 14– Legal Research and Writing (5 hours)

 Research Ethics
 Principles of clear and effective legal writing
 Data Analysis and Report Writing
 Research Paper/ Thesis/ Dissertation writing
 Basics of drafting legal documents, including memos and briefs
 Case Analysis
 Writing a Legal Article
Readings:

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  Rattan Singh, Legal Research Methodology, 3rd ed. Lexis Nexis (2021).
 Vibhute, K. I. "Legal Research Methodology." (2018): 237-246.

Project Guidelines

The normal length of the project must be 3500 words, excluding the bibliography and
table of contents and must be submitted in both hard and soft copies.
(A4 size paper-one side type-12font size-one and half space).

General Instructions

1. The students are advised to read prescribed books along with conventions and cases.
2. The topics and cases given above are not exhaustive. The teacher teaching the course
shall be at liberty to add new topics/cases.
3. The students are required to refer the latest editions of books.

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