The concept of noninterference was preserved in classical international law, which indicated that no state should engage directly or indirectly in the internal affairs of another state. In this case, according to Oppenheim, intervention meant violent, coercive, or dictatorial involvement that hampered the target state's control over the subject matter at hand. Hans Kelsen pointed... Continue Reading →
ROUSSEAU’S GENERAL WILL
The concept of progress is extremely appealing in modern life. The traditional opinion in the 18th century, as European cultures grew more prosperous and sophisticated, was that humanity was firmly established on a good trajectory from barbarism and ignorance to wealth and civilisation. However, one 18th century philosopher vehemently disagreed, and his ideas are still... Continue Reading →
CRIMINAL LIABILITY AND PUNISHMENT
According to Sir John Salmond, “liability is the bond of necessity that exists between the wrongdoer and the remedy of the wrong”. A man’s liability consists of things which he must do or suffer because he has failed to do what he ought to have done. Criminal liability arises in case of an offence that... Continue Reading →
Theories of Punishment
The concept of justice is as old as the human society itself. Every man wants others to be righteous and just towards him, however he himself being ‘selfish’ by nature may not be reciprocal in responding justly. Hence, some kind of external force is necessary for maintaining an orderly society. In the early stage when... Continue Reading →
Historical jurisprudence examines the manner, the circumstances and the factors operating in the process of the evolution of law. The focus lies upon determining the racial, ethnic or linguistic traits of law and how they are imbibed in the culture and heritage of a particular community. The foundation of historical jurisprudence was laid down by... Continue Reading →
Iqbal’s Political Thought.
Mohammad Iqbal’s ideas are often considered forked in philosophical context. His enigmatic personality is often clouded amidst the diverse and contradictory images that his admirers and detractors have projected. On one hand he is celebrated as an able variegated author, and on the other he is considered the Architect of Pakistan. There is also a... Continue Reading →
Mahatma Gandhi’s Relevance to Peace Studies
Mohandas Karamchand Gandhi, popularly known as Mahatma Gandhi was born on October 2, 1869 in Porbandar, India. He was an Indian Lawyer, a social activist, a politician and a writer. His contributions to the freedom struggle and shaping the destiny of Independent India is something every Indian admires. He became the leader of the Nationalist... Continue Reading →
NGOs and Technology
Non-Governmental Organizations (NGOs) are advocacy-focused institutions and groups that are non-profit, public-interest oriented and engaged on a local, national, or worldwide level. There are over 12 million non-governmental organisations (NGOs) around the globe. Some of these groups are tiny, self-contained, and local. They can operate on a national or local level to promote social or... Continue Reading →
Is Artificial Intelligence really making us intelligent?
Artificial Intelligence is a technology that is changing our everyday life. It includes wide ranging equipment that enables people to rethink how information is integrated, data is analysed, and how the resulting insights are used to improve decision making. It is unlike machines that can only produce mechanical and predetermined responses. With major improvements they... Continue Reading →
The Naxalite Issue
The Maoist movement is one of independent India's most serious internal security threats. The development process has failed to improve the rural population's fate in terms of socioeconomic transformation, leading to the rise of maoists. Poverty, inequality, exploitation, and systemic violence are all circumstances that the maoists thrive in. Poverty, unemployment, and marginalisation are all... Continue Reading →
The Journey of Women’s Movements in India
In India, women's movements have been an endeavour to comprehend, identify, and preserve their identity. Women are present in all movements, and their participation can be seen in movements relating to rights and difficulties in general socio-economic concerns, as well as issues common to all women pertaining to family and law.There have been three waves... Continue Reading →
Precedents as a source of Law.
A precedent is a concept or rule stated or established in a previous legal case. It contains prior legal decisions made by judges in comparable situations, and so serves as a guide for what must be done in similar circumstances in the future. In the 18th century, the Government of India act, 1935 held that decisions... Continue Reading →
Right to Information
On October 12, 2015, the right to information legislation came into force. It was a significant step in holding the government responsible and transparent in its operations. It provides safe access to information under the control of public bodies in order to promote accountability and transparency. The Kisan Shakti Sangathan, an organisation for the development... Continue Reading →
Hiba is the unrestricted and unconditional transfer of ownership of a property or right for no monetary payment. The terms Hiba and gift are frequently used interchangeably, however Hiba is simply one of the types of transactions included by the broad word gift. Ariya and Sadqah are two more forms of gifts. A man can... Continue Reading →
Kautilya’s Saptanga Theory
Kautilya, also known as Chanakya and Vishnugupta, was a king-maker rather than a monarch. His state theory, known as The Arthashastra, goes back to the 4th century BC. It has 16000 slokas divided into 15 segments that seek to convey his vision of the state. He describes a prosperous life as one marked by monetary... Continue Reading →
The Hanafi law of succession and the Shia law of succession, both derived from Indian common law, are two types of Islamic inheritance laws. The Muslim Personal Law Application Act of 1937 gives them legal standing. The transmission of an ancestor's property to the legitimate heir is referred to as succession. It is referred to... Continue Reading →
Application of Mens Rea
A crime is a wrongful act done with a guilty mind. These are the two essential ingredients that make up criminal liability. The concept of mens rea developed in England around the 1600s, when the judges began emphasising on the role of intent in determining criminal liability. Crimes with mens rea can be categorised into... Continue Reading →
Need for Joint Custody
Considering India is home to individuals from many walks of life, it has a variety of personal laws that deal with family and marital concerns. When the parents decide to divorce, a major dilemma emerges about the child's custody. The notion of "child welfare" has been adopted by the courts as being of fundamental significance.... Continue Reading →
Indian Position on Death Penalty.
The framer of the Indian Penal Code, Sir James Fitzjames Stephen favoured the retention of capital punishment and observed that no other punishment deters men so effectively as the punishment of death. The ancient penal law and the Moghul rulers rigorously practised death penalty. However, the changing trends in the same are reflected by various... Continue Reading →
will artificial intelligence hamper human employment?
We live in astounding occasions where we see around us a few instances of human improvements that cause us to contemplate over the inquiry, "did people truly make these?" We have driverless vehicles, drones conveying bundles, virtual advanced associates that guide us or react to our requirements, and so forth This load of developments can... Continue Reading →