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? 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 th
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.
| Preface |
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ix | |
| Acknowledgements |
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x | |
| Introduction |
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1 | (8) |
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PART I Elements of the Philosophy of Law |
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9 | (60) |
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11 | (13) |
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2 Christian sources of secular law |
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24 | (8) |
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3 The cannibal's guide to jurisprudence |
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32 | (14) |
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46 | (10) |
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56 | (13) |
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PART II Towards an Indian Philosophy of Law |
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69 | (56) |
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6 Towards an Indian Philosophy of Law |
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71 | (9) |
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7 From Dharmashastra to Modern Hindu Law |
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80 | (8) |
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8 The persistence of caste |
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88 | (7) |
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9 The politics of Shariat |
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95 | (9) |
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10 Gandhi's affirmation of law |
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104 | (10) |
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11 Ambedkarite jurisprudence |
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114 | (11) |
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PART III Applying legal philosophy to Indian cases |
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125 | (63) |
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12 Free speech and All India Bakchod |
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127 | (12) |
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13 Equality and reservation |
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139 | (9) |
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148 | (13) |
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15 Rape and security: a Buddhist vantage point |
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161 | (9) |
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16 The ethics of organ donation |
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170 | (9) |
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17 Indian Supreme Court jurisprudence: five exemplary cases |
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179 | (9) |
| Conclusion |
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188 | (9) |
| Bibliography |
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197 | (12) |
| Index |
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209 | |
Aakash Singh Rathore specializes in Legal Theory (Post-Doctorate) and Comparative Constitutional Law (LL.M.), and is currently Visiting Professor at the Centre for Philosophy, Jawaharlal Nehru University, New Delhi, India. He is also an International Fellow of the Center for Ethics and Global Politics in Rome, Italy. His publications include Platos Labyrinth: Sophistries, Lies and Conspiracies in Socratic Dialogues (2018), Indian Political Theory: Laying the Groundwork for Svaraj (2017) and Indian Political Thought: A Reader (co-edited with Silika Mohapatra, 2010), also published by Routledge.
Garima Goswamy has taught Philosophy at Lady Shri Ram College, St Stephens College, Laxmibai College and Hansraj College, University of Delhi, and at BML Munjal University, India. Currently she works in the risk-consulting industry.
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