Rethinking Indian Jurisprudence

An Introduction to the Philosophy of Law

Aakash Singh Rathore, Garima Goswamy (Autoren)

Buch | Softcover

218 Seiten

2020
Routledge India (Verlag)
978-0-367-73532-6 (ISBN)

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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? 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.

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 Plato’s 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 Stephen’s College, Laxmibai College and Hansraj College, University of Delhi, and at BML Munjal University, India. Currently she works in the risk-consulting industry.

Preface. Acknowledgments. Introduction Part I Elements of the Philosophy of Law 1. Law and Morality 2. Christian Sources of Secular Law 3. The Cannibal’s Guide to Jurisprudence 4. Law and Rationality 5. Wronging Rights? Part II Towards an Indian Philosophy of Law 6. Towards an Indian Philosophy of Law 7. From Dharmashastra to Modern Hindu Law 8. The Persistence of Caste 9. The Politics of Shariat 10. Gandhi’s Affirmation of Law 11. Ambedkarite Jurisprudence Part III Applying Legal Philosophy to Indian Cases 12. Free Speech and All India Bakchod 13. Equality and Reservation 14. Queering Law 15. Rape and Security: A Buddhist Vantage Point 16. The Ethics of Organ Donation 17. Indian Supreme Court Jurisprudence: Five Exemplary Cases. Conclusion. Bibliography. Index

Erscheinungsdatum	16.01.2021
Verlagsort	London
Sprache	englisch
Maße	138 x 216 mm
Gewicht	258 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► Arbeits- / Sozialrecht ► Sozialrecht
	Recht / Steuern ► EU / Internationales Recht
ISBN-10	0-367-73532-6 / 0367735326
ISBN-13	978-0-367-73532-6 / 9780367735326
Zustand	Neuware