Rethinking Indian jurisprudence : an introduction to the philosophy of law

Bibliographic Information

Rethinking Indian jurisprudence : an introduction to the philosophy of law

Aakash Singh Rathore and Garima Goswamy

Routledge, 2020

  • : pbk

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"First published 2018 by Routledge"--T.p. verso

Includes bibliographical references (p. [197]-208) and index

Description and Table of Contents

Description

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.

Table of Contents

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

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Details

  • NCID
    BC11283889
  • ISBN
    • 9780367735326
  • Country Code
    uk
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    London
  • Pages/Volumes
    viii, 218 p.
  • Size
    22 cm
  • Classification
  • Subject Headings
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