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 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.
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…