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Rethinking Indian Jurisprudence: An Introduction to the Philosophy of Law
Published by Routledge
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 analyses the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights, 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.
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
Aakash Singh Rathore specialises 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 & 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.
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