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Rethinking Indian Jurisprudence

Author : Aakash Singh Rathore
Publisher : Taylor & Francis
Page : 176 pages
File Size : 24,20 MB
Release : 2018-01-29
Category : Law
ISBN : 1351106635

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What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.

The Common Law in India

Author : Motilal Chimanlal Setalvad
Publisher :
Page : 276 pages
File Size : 21,9 MB
Release : 1970
Category : Common law
ISBN :

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Jurisprudence in India

Author : Devi Dayal Aggarwal
Publisher : Gyan Publishing House
Page : 290 pages
File Size : 40,92 MB
Release : 2002
Category : Law
ISBN : 9788178351087

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PART-I VEDIC PERIOD1. System of Governance in Vedic Period 2. Hindu Law and Dharma 3. The Contents of Ancient Literature: Smritis andArthashastra 4. Provisions of Law in Smritis and Mitakshara PART-II HINDU PERIOD5. Awarding of Punishment and Procedure ofJurisprudence6. Civil and Criminal Cases According to the SmritisPART -Ill MOHAMMEDAN PERIOD7. Islamic Jurisprudence 8. Application of Mohammedan Law during Muslim Rulein India 9. Application of Mohammedan Law in India 10. Administration of Hindu Law during the Muslim Period 11. Village Panchayats for Administration of Hindu Lawduring the Muhammedan PeriodPART-IV BRITISH PERIOD12. 'British System of Administering Justice13. Development of Legal History during the BritishAdministration14. Constitutional Development in IndiaBibliographyIndex

Environmental Jurisprudence in India

Author : C.M. Abraham
Publisher : BRILL
Page : 191 pages
File Size : 32,64 MB
Release : 2023-12-11
Category : Law
ISBN : 9004635432

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Within the last two decades, India has not only enacted specific legislation on environmental protection but has also virtually created a new fundamental right to a clean environment in the Constitution. The models and methods adopted in the Indian context appear, at first sight, similar to those in other common law systems. Yet there are many subtle differences which have changed the structure and content of legal development in India. Indian environmental jurisprudence brings out the unique characteristics of a new legal order which has gradually been established in India. The distinguishing nature of this jurisprudence, as this book shows in detail, has three interconnected elements. First, the nature of the new Indian constitutional law regime accords greater importance to public concerns than protecting private interests. Secondly, this jurisprudential development reflects certain aspects of Indian legal culture, through implicit and explicit reliance on autochthonous values and concepts of law, encapsulated in the Indian juristic postulate of dharma. Thirdly, the emerging Indian environmental jurisprudence bears testimony to the activist role of the Indian judiciary which has also had a significant impact in many areas other than environmental law. In short, the development of environmental jurisprudence in India manifests neo-dharmic jurisprudence in postmodern public law. It accommodates ideas currently voiced by experts around the world for protecting the environment in forms modified by the Indian legal culture.

The State Practice of India and the Development of International Law

Author : Bimal N. Patel
Publisher : Martinus Nijhoff Publishers
Page : 582 pages
File Size : 24,40 MB
Release : 2016-07-14
Category : Law
ISBN : 9004321330

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The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law.

Service Jurisprudence in India (A sketch from case laws)

Author : Dr. Saugath Roy
Publisher : Blue Rose Publishers
Page : 202 pages
File Size : 23,26 MB
Release : 2022-04-27
Category : Law
ISBN :

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The quest for justice is an eternal human instinct. Human beings have aspired for it for generations. The organization (the employer) and the employee try to resolve the dispute / difference though mutual efforts, and when they are not in a position to arrive at a solution. They take recourse to law. In India, justice is mandate of the Constitution. Part XIV of the Constitution of India deals with the law pertaining to Service. Service Law is a part of administrative law. The science or philosophy of this branch of Law is called as Service jurisprudence. The news like “case drags for 42 years, Supreme Court shocked” allured and stimulated the researcher take up the present problem, for an in-depth analysis , as such informal investigations were conducted. The primary and secondary data were collected, questionnaires were prepared and tested on litigants and on advocates. As the foundation of Law is based on principles of natural justice, there is no scope of rationality. The functions of personnel management are very wide and varied, covers the subject from appointment to retirement. The researcher has tried to include the case laws in his research work culminated in the form of a book. The author has a firm belief that the book “Service Jurisprudence in India (A Sketch from case law)” will certainly be beneficial to students, teachers, scholars, lawyers, judges and to those interested in the subject.

Background to Indian Law

Author : Sir George Claus Rankin
Publisher : Cambridge University Press
Page : 233 pages
File Size : 39,16 MB
Release : 2016-04-15
Category : Law
ISBN : 1316603717

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Originally published in 1946, this book was written to provide British lawyers with a guide to the legal processes of India, particularly those lawyers engaging with Indian law for the first time. The text is divided into two main parts: civil law and criminal law. A list of cases cited is included at the end of the text. This book will be of value to anyone with an interest in the development of Indian law and legal history.

India's Legal System (R/J)

Author : Fali S Nariman
Publisher : Penguin UK
Page : 107 pages
File Size : 11,53 MB
Release : 2017-05-24
Category : Literary Collections
ISBN : 8184757298

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An incisive and comprehensive view of India’s legal process and its key issues India has the second-largest legal profession in the world, but the systemic delays and chronic impediments of its judicial system inspire little confidence in the common person. In India’s Legal System, renowned constitutional expert and senior Supreme Court lawyer Fali S. Nariman explores the possible reasons. While realistically appraising the criminal justice system and the performance of legal practitioners, he elaborates on the different aspects of contemporary practice, such as public interest litigation, judicial review and activism. In lucid, accessible language, Nariman discusses key social issues such as inequality and affirmative action, providing real cases as illustrations of the on-ground situation. This frank and thought-provoking book offers valuable insights into India’s judicial system and maps a possible road ahead to make justice available to all.