ABSTRACT

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.

chapter |8 pages

Introduction

part I|59 pages

Elements of the Philosophy of Law

chapter 1|13 pages

Law and morality

chapter 2|8 pages

Christian sources of secular law

chapter 3|14 pages

The cannibal’s guide to jurisprudence

chapter 4|10 pages

Law and rationality

chapter 5|12 pages

Wronging rights? 1

part II|55 pages

Towards an Indian Philosophy of Law

chapter 6|9 pages

Towards an Indian Philosophy of Law

chapter 7|8 pages

From Dharmashastra to Modern Hindu Law

chapter 8|7 pages

The persistence of caste

chapter 9|9 pages

The politics of Shariat 1

chapter 10|10 pages

Gandhi’s affirmation of law 1

chapter 11|10 pages

Ambedkarite jurisprudence 1

part III|72 pages

Applying legal philosophy to Indian cases

chapter 12|12 pages

Free speech and All India Bakchod

chapter 13|9 pages

Equality and reservation

chapter 14|13 pages

Queering law 1

chapter 15|9 pages

Rape and security

A Buddhist vantage point

chapter 16|9 pages

The ethics of organ donation

chapter 17|9 pages

Indian Supreme Court jurisprudence

Five exemplary cases

chapter |9 pages

Conclusion