By Yash Tripathi, Nirma University Editor's Note: This article presents a jurisprudential analysis of the landmark judgment of the Supreme Court in the case of Olga Tellis v. Bombay Municipal Corporation. FACTS The facts of the case are as such that the plight of people who live on … [Read more...]
Dharma and law
By Shantanu Rathore, Symbiosis Law School, Noida Editor’s note: Dharma is deemed to be the highest ideal of human life. It deals with the virtuous conduct of man, his duties and his relationship with religion. It is the closest what India has to natural law and ethos, and finds its ultimate aim in … [Read more...]
Precedents as a source of law
By Priyan Garg Amity University, Uttar Pradesh Editor’s note: The judiciary adjudicates the rights and obligations of the citizens, as per legislation, customs as well as a sense of justice. Judges often also take guidance from previous decisions and rely on past interpretations of questions … [Read more...]
Doctrine Of Sovereignty
By Jibin Mary George, Amity Law School, Delhi EDITOR'S NOTE:- The concept of sovereignty has been evolving since time immemorial. Since the World Wars, countries have stepped up their sensibilities towards their territorial limits. The recent South China Sea dispute highlighted how territoriality … [Read more...]
Economic Liberalisation and Response of Indian Judiciary
By Yamini Rajora, National Law University Jodhpur Editor's Note: Economic liberalisation and respect for human rights are both highly topical issues. Both fields of law protect certain freedoms: economic development could lead to higher human rights standards and be used to secure compliance with … [Read more...]
Ownership As A Social Concept
- Nidhi Kumari, CNLU INTRODUCTION The concept of ownership is one of the fundamental juristic concepts common to all systems of law. This concept has been discussed by most of the writers before that of possession. However, it is pointed out that it is not the right method. Historically, speaking … [Read more...]
Rule Of Law
- Abhishek Kumar, CNLU INTRODUCTION The rule of law primarily refers to the influence and authority of law within society,especially as a constraint upon behavior, including behavior of government officials. The idea of the rule of law can be traced back to at least the time of Aristotle … [Read more...]
Victimology and Emerging Trends of Compensation
By Gurratan Wander, RGNUL and Harsimrat Kaur, Army Institute of Law, Mohali "Editor's Note: More often than not, most discourses pertaining to criminal law, or the commission of mass crimes involve the element of criminology, and the principles of criminal law, including basic concepts such as … [Read more...]
Paul Rubin’s theory of common law efficiency
By Tarunya Shankar Editor’s note: In the common law system, there are three players – the victim, the injurer and the authority of law. As per Rubin, the theory of accident liability applies, and he calculates the total cost of each party involved, with the party having the heavier cost being … [Read more...]
Common law efficiency
Tarunya Shankar Editor’s note: The common law system revolves around the concept of precedence and deals with laws which require interpretation from a duly appointed authority with requisite knowledge. It seeks to both determine the liability as well as award compensation to parties. This paper … [Read more...]