ABSTRACT

Indian legal theorists have argued that Indian jurisprudence is saturated with Anglo-American legal theories. The Philosophy of Law tradition from John Austin to H.L.A. Hart to Joseph Raz needs to be toppled. Indian Philosophy of Law, rather, should look to reflect the real ideas and best practices of the Indian people. Indian jurisprudence should be Indian in origin, in content, in application – it should be sui generis and not merely borrowed or derivative. This book is an attempt to conceive ‘authenticity’ within the Philosophy of Law in India as a project to continue to broaden the sweep of humane and egalitarian legal thought and practice that has been consistently developing in Indian jurisprudence. Simultaneously, we look at reforming and rewriting our laws in a manner that reflects the best practices of our own traditions, both customary and written.