Category Archives: Jurisprudence

Jurisprudence

Notion of Otherness and the Politics of Difference

The notion of otherness and politics of difference is often used to explain the concept and nature of social justice. Various theories of justice have argued upon philosophical thoughts and ideas. Based on such theories, the states generally focus on ensuring that there is equality in distribution and access to its resources. This has led to the restriction… Read More »

Kelsen’s Pure Theory of Law & HLA Hart’s Theory

This article deals with Kelsen’s Pure Theory of Law & HLA Hart’s Theory. Kelsen distinguished between legal science and natural science on the basis of “oughts”.  H.L.A. Hart is generally regarded as the face of British Positivism. He has strongly criticized Austin’s view of law as “command”. Introduction – Kelsen’s Pure Theory With his pure theory of law, Hans Kelsen did… Read More »

Law and Justice

The relation between law and justice is quite intimate and complex. ‘Justice’ is a term which is capable of multiple interpretations and definitions. It is incapable of being confined within a definite scope. Introduction It has always been recognized that the purpose of the law is to ensure the effective administration of justice. Several jurists have opined that… Read More »

Relation between Law and Morality

Several jurists and thinkers have often deliberated upon the unique relationship between law and morality. While positivists have strongly contended that law should be studied in complete isolation from ideas such as that of morality, there is a general agreement amongst law-makers regarding the important part played by morals in effective law-making. Let us evaluate the relation between… Read More »

Role of Culture in Constitutionalism

This article deals with the role of culture in constitutionalism. The rule of law, in a constitutional state, prevails not because of any politically superior authority but because of the confidence that the people have in the legal system of the country. Introduction A democratic state requires its citizens to willingly obey the law. Such willingness shall only… Read More »

Natural Law School

The concept of natural law has undergone several changes throughout the course of history. It has supported the emergence of several ideologies which have played a prominent role in world history. INTRODUCTION Natural law thinking is an important tool in political and legal ideology in modern times. The term ‘natural law’ essentially refers to the legal system laid… Read More »

Marxism and the Element of Ideology in Law

Introduction Marxism is essentially a critique of the liberal ideology and capitalism. It categorizes the society into two groups- the oppressed (proletariat) and the oppressors (bourgeoisie). It views class conflict in a capitalist society as a product of the clash of material interests between the aforesaid groups. The Marxist theory is regarded as a theory of orthodox socialism… Read More »