Criticism of Austin’s Theory of Positivism

Criticism of Austin’s Theory of Positivism | Overview Bentham’s Positivism Austin’s Positivism Criticism of Austin’s Positivism Universality Identification of a “Commander” Continuity of Law Real Law Procedural Requirements Conclusion This article focuses on the criticism of Austin theory of positivism, Several thinkers and jurists have compared the views of Austin with those of Bentham and have concluded that……...

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Meaning and Scope of Mediation

Meaning and Scope of Mediation | Overview Meaning of Mediation Features of Mediation Confidentiality Voluntary Non-Coercive Non-Aggressive Sustains Good Relationship Information Scope of Mediation Mediation has transcended boundaries and has traversed various fields related to law. This article deals with Meaning and Scope of Mediation. I. Meaning of Mediation “Mediation” is also a well-known term and it denotes……...

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Internship Experience: Legal Aid Services West Bengal

Avishikta Chattopadhyay, a first-year student of the Rajiv Gandhi National University of Law, Patiala shares her internship experience in Legal Aid Services West Bengal under Justice D.K Basu, Former Judge, Calcutta High Court, Former Secretary-General, Association of Retired Justices of Supreme Court and High Courts of India. Address Legal Aid Services West Bengal 30, Karnani Estate, 1st Floor,… Read More »

Jus in Bello Jus ad Bellum

Jus ad Bellum a legal maxim is defined as the reasons cited by countries that make the restoration to war an absolute necessity. Jus in Bello, on the other hand, is the maxim used for the acts which are legal during the time of war. Introduction and Meaning Since ancient times the rulers have resorted to war for……...

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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……...

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Introduction to Arbitration and Conciliation Act

The Arbitration and Conciliation act 1996 states that “it is an act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto”. Introduction Alternative dispute resolution (ADR; known in some countries, such……...

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Sociological School of Jurisprudence

Sociological School of Jurisprudence | Overview Duguit (1859-1928) Rudolf von Ihering (1818-1898) Roscoe Pound (1870-1964) Theory of Social Engineering Private Interests Public Interests Social Interests Conclusion The sociological school of jurisprudence started dominating over the other schools in the initial years of the 20th Century. It aims to study the circumstances that led to the emergence of legal……...

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

Kelsen’s Pure Theory of Law & HLA Hart’s Theory | Overview Kelsen’s Pure Theory of Law Premises The Basic Norm (Grundnorm) Implications of the Pure Theory Criticism H.L.A. Hart’s theory Defects in Primary Rules Remedies for the Defects “Internal Aspect” of Law This article deals with Kelsen’s Pure Theory of Law & HLA Hart’s Theory. Kelsen distinguished between legal……...

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A Study of the Situations where No Appeal Lies Under the Cr.P.C, 1973

A Study of the Situations where No Appeal Lies Under the Cr.P.C, 1973 | Overview The reasoning for No Appeal The Process of Trial in the First Court No Appeal When Accused Pleads Guilty No Appeal in Petty Cases Conclusion This article is a study of the Situations where No Appeal Lies Under the Cr.P.C, 1973. Everyone has……...

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A Study of Criminal Appeal and Courts where such Appeal Lies

A Study of Criminal Appeal and Courts where such Appeal Lies | Overview Appeals to the Supreme Court Appeals to the High Court Appeal against Acquittal Appeals against Conviction Appeals from Courts of Session This article is a Study of Criminal Appeal and Courts where such Appeal Lies. Bouvier, in his legal lexicon, defines appeal as “the removal……...

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