Positivist Interpretation of law (Austin vs. Kelsen)

In my opinion, both Kelsen’s and Austin’s theories have certain drawbacks. Although both theorists have taken a scientific approach of law to get universal application yet, there exists a vast difference in the path taken by them.  Under Austin’s theory, the sovereign was the political superior as well as the primary source of law. Even... Continue Reading →

Legal Positivism: Dworkin’s challenge towards Hart’s account of law

Dworkin criticizes Hart’s theory primarily on two grounds, namely the Rule of Recognition and Judicial discretion.  H.L.A. Hart tries providing a middle course between Formalism and Rule-Scepticism. He called Mechanical Jurisprudence a “noble dream”, where the judges interpret the law on the basis of the pre-existing rules and without any societal consideration. This Formalism is... Continue Reading →

Balancing Political Injustices through Rule of Law

This paper presents an intersection between the theories given by John Stuart Mill, Aristotle and Dworkin. The first part of the paper includes analysis of a case in the light of Liberty theory given by John Stuart Mill. This theory will be interconnected with the theory of political justice given by Aristotle and the theory... Continue Reading →

Creamy layer in reservation and related cases.

The creamy layer refers to the small section of privileged individuals who are part of the socially backward class, however, are not socially backwards and occupy the topmost position in the socio-economic hierarchy of that particular class. This concept is limited to Other Backward classes (“OBC”) only. Excluding the wealthy and advantaged is the only... Continue Reading →

Hart-Fuller Debate

Morality and its influence on law has been a matter of major debate over the years. The idea of whether a judicial decision or a legislation should base its foundations on moral reasoning has seen both arguments in favour and against it. The main basis to the arguments here, stems from the question, what exactly... Continue Reading →

Legal Status of a dead person

Introduction The legal status of dead person is an important question. Even after death can a person be considered to have any legal right? Jurisprudence tries to clarify the same. In the simplest sense a legal person or legal entity is one that can be sued and can sue. A dead person can do neither... Continue Reading →

Rawl’s Theory Of Justice

A Theory of Justice, Rawls argues for a rational reconciliation of liberty and equality, which he claims should apply to the fundamental framework of a well-ordered society. An account of the circumstances of justice, influenced by David Hume, and a fair choice situation for parties confronted with such circumstances, akin to some of Immanuel Kant's... Continue Reading →

res ipsa loquitor

Res Ipsa Loquitor It is elementary in the law of torts that the onus of proving negligence lies upon him who alleges it. The burden to prove on the defendant of not being negligent and that reasonable care was taken. The evidence is self-explanatory and no further evidence is to be required. In an action... Continue Reading →

RENVOI

For the students who have studied Private International law or Conflict of Laws, they will definitely know the difficulty of understanding as well as explaining to the fellow colleague, the all confusing term ‘Renvoi’. For the persons, who do not know what is Private international law, let me give a small intro of it. Basically,... Continue Reading →

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