Mr. Sayak Banerjee
Introduction
Before understanding the ‘internal aspect’ of rules, I think it is necessary to draw our attention to a hypothetical example that Prof. Hart uses in his book, The Concept of Law. Suppose in a society where
The Centre for Legal Theory
The Centre for Legal Theory is an organization that publishes scholarly blogs focused on jurisprudence and legal philosophy. Its content often explores foundational debates in legal theory, such as the Hart-Dworkin discourse on legal positivism and judicial discretion. The Centre also examines the application of philosophical principles, like Rawlsian justice, in constitutional contexts, particularly in South Asia. Additionally, it addresses contemporary legal issues involving fundamental rights and technology, such as the implications of government mobile applications on civil liberties. The Centre's publications aim to analyze and critique legal concepts, theories, and their practical impacts within various legal systems.
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“Theory of Justice” under the Indian and Pakistani Constitutions – A Comparative Analysis
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 Hart-Dworkin Debate: Round I-Part II: Exploring the sphere of discretion
Mr. Sayak Banerjee
I. Introduction
What fascinates me about this debate more than the “Fight of the Century” between Muhammad Ali and Joe Frazier, is that both the jurists argue on different propositions to assert their stance. This fight…
The Hart-Dworkin Debate: Round I: Part I – Laying the Ground-Work
Mr. Sayak Banerjee
I. Introduction
With the perplexity of law and legal obligation that has enticed almost every legal philosopher for decades; the demand to contexualize for the betterment of understanding and to keep the jurisprudential discussions flowing has…
Aarogya Setu Mobile App: A Necessary Evil?
Ms. Shailja Rawal
Abstract
“The worst happens when you are least expecting it”
While the world is busy dealing with the COVID – 19 pandemic, is it true that Indian Government is inventing ways to curb the fundamental rights of…
The Conflicting Jurisprudence of Facial Recognition Technology and Privacy in a Democratic Setup
Sanah Javed
Abstract
An advancement in technology has inevitably equipped the government with new surveillance mechanism, the most prominent one being the Facial Recognition Technology [FRT]. The unfettered advancement of the use of FRT by the State machineries in India…
Freedom and security in a world with no off switch: A theoretical approach
Bodhisattwa Majumder & Atisha Sisodiya
Abstract
The outbreak of COVID has put profound philosophical questions to a test, a test between individual interest and the common good, a test between freedom of expression and control of the digital space and…
SC’s verdict on free Covid-19 tests – from NITI to NYAYA
Ms. Jisha Garg & Ms. Anchal Bhatheja
Abstract
The order handed out by the supreme court regarding free Covid-19 tests on 8th April wherein it directed the private laboratories to provide free tests to all the citizens irrespective of their…
Taking Dworkin seriously in the Corona era
Ms. Anchal Bhatheja
Abstract
In the wake of the coronavirus outbreak, many journalists have been hounded and hauled up for reporting facts and opinions which did not appeal to the government. In the given piece, I argue that the clamp…
Understanding Property Rights in Human Biological Materials
Ms. Aparna Sojan
Abstract
One might naturally speak of ‘my body’ and infer that, because it is ‘my body’, I can determine what is done to it or its parts. So, a typical answer to the question as to “Do…