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Rejecting the claim of the accused that the deceased woman had accidentally caught fire while cooking, the Allahabad High Court last week upheld the conviction of a man in a 1991 dowry death case. A Bench of Justice rajnish kumar upheld the trial court’s judgment wherein the accused was convicted under Sections 304-B and 498-A…
One of the most fundamental issues in the practice and study of law is largely concerned with the ability of law to address the most profound open ended questions, for instance, conception of morality, justice, rights etc. The blog, as its name suggests, aspires to present a picture of such discussions, free from any social…
Before proceeding to the discussion of more complex and nuanced concepts of legal theory, the first question we must ask ourselves is, “What is law?”. Even though this seems like a simple question, there is no one answer to this question and no one theory that holds universal appeal and application. We believe that the…
In our last post, we discussed legal positivism from the perspective of John Austin, who said that the conception of law can be understood as the command of a sovereign backed by sanction.There are primarily two kinds of authority in Austin’s theory: the authority of God and the authority of the political superior. The political…
One of the theories in jurisprudence that takes into account the inherent nature of human beings is the theory of Utilitarianism proposed by Jeremy Bentham. He was an English philosopher, economist and theoretical jurist born in 1748. He says that all humans are governed by two sovereign masters – pleasure and pain. Thus, all human…
MS. Simran sabharwal Abstract ‘The Theory of Justice’ by John Rawls postulates his central idea of justice using the doctrine of good and moral development. His philosophy is helping lawmakers to provide justice even today. The article will critically analyse the Rawlsian theory in the context of India and Pakistan. Both countries follow Rawls’ principle…