ABSTRACT

The intention of this book is to introduce students of Law or Philosophy or those of Social and Political Sciences, topics of Philosophy of Law or Legal Philosophy or Jurisprudence. Here we ask foundational questions of law and that requires considerable reflection, discussion and debate. Our focus here is not just about questions concerning the nature of law, but the nature of law in India, the country as we know it today and India of the future. The law of which we will speak of, is contextual as it is made by humans to regulate human relationships. Indian law schools usually follow a standard model of paper on jurisprudence, which we argue, is based on Anglo-American theories. However, the nature of legal system in India is primarily hybrid. The model presented in this book talks of three broad domains: 1. Study of dominant theories, 2. Particularities which contextualize Philosophy of Law in India, 3. Case studies which imply the diversity and scope of the Philosophy of Law. In so doing, the attempt is to arrive at an authentic Philosophy of Law. This is consonant with Public Interest Litigations. The eventual aim is to be able to read the third domain based on the second domain which phases out the first domain.