The Original Position

The Original Position, published by The Centre for Legal Theory, explores foundational and contemporary issues in legal philosophy and jurisprudence. The blog features detailed analyses of key debates such as the Hart-Dworkin discourse on legal positivism and judicial discretion, as well as examinations of justice theories like John Rawls' Theory of Justice in the context of constitutional law in India and Pakistan. It also addresses the intersection of law with technology and fundamental rights, exemplified by discussions on the Aarogya Setu mobile app and its implications for civil liberties. The content engages with theoretical and practical dimensions of legal rules, principles, and obligations, focusing on their application and critique within modern legal systems.

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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