Mr. Sayak Banerjee
Introduction
Before understanding the ‘internal aspect’ of rules, I think it is necessary to draw our attention to a hypothetical example that Prof. Hart uses in his book, The Concept of Law. Suppose in a society where there is an absolute monarch, who follows the Austinian way of governing people, through general
The Original Position
Blog Authors
Latest from The Original Position
“Theory of Justice” under the Indian and Pakistani Constitutions – A Comparative Analysis
Ms. Simran Sabharwal
Abstract
‘The Theory of Justice’ by John Rawls postulates his central idea of justice using the doctrine of good and moral development. His philosophy is helping lawmakers to provide justice even today. The article will critically analyse the Rawlsian theory in the context of India and Pakistan. Both countries follow Rawls’ principle…
The Hart-Dworkin Debate: Round I-Part II: Exploring the sphere of discretion
Mr. Sayak Banerjee
I. Introduction
What fascinates me about this debate more than the “Fight of the Century” between Muhammad Ali and Joe Frazier, is that both the jurists argue on different propositions to assert their stance. This fight is not built on a single proposition to find wrong-doings, but the multitude of views…
The Hart-Dworkin Debate: Round I: Part I – Laying the Ground-Work
Mr. Sayak Banerjee
I. Introduction
With the perplexity of law and legal obligation that has enticed almost every legal philosopher for decades; the demand to contexualize for the betterment of understanding and to keep the jurisprudential discussions flowing has become increasingly important. Our earlier blog posts have dealt with Prof. H.L.A Hart’s theory in…
Aarogya Setu Mobile App: A Necessary Evil?
Ms. Shailja Rawal
Abstract
“The worst happens when you are least expecting it”
While the world is busy dealing with the COVID – 19 pandemic, is it true that Indian Government is inventing ways to curb the fundamental rights of its citizens? One of the recent developments in this regard is launch of the mobile…
The Conflicting Jurisprudence of Facial Recognition Technology and Privacy in a Democratic Setup
Sanah Javed
Abstract
An advancement in technology has inevitably equipped the government with new surveillance mechanism, the most prominent one being the Facial Recognition Technology [FRT]. The unfettered advancement of the use of FRT by the State machineries in India has posed multiple privacy concerns. The FRT is in line with Jeremy Bentham’s panopticon prison;…
Freedom and security in a world with no off switch: A theoretical approach
Bodhisattwa Majumder & Atisha Sisodiya
Abstract
The outbreak of COVID has put profound philosophical questions to a test, a test between individual interest and the common good, a test between freedom of expression and control of the digital space and a test between individual privacy and digital security. This article presents a theoretical critique of…
SC’s verdict on free Covid-19 tests – from NITI to NYAYA
Ms. Jisha Garg & Ms. Anchal Bhatheja
Abstract
The order handed out by the supreme court regarding free Covid-19 tests on 8th April wherein it directed the private laboratories to provide free tests to all the citizens irrespective of their economic or social standing, was seen as a manifestation of judicial over-reach and was also…
Taking Dworkin seriously in the Corona era
Ms. Anchal Bhatheja
Abstract
In the wake of the coronavirus outbreak, many journalists have been hounded and hauled up for reporting facts and opinions which did not appeal to the government. In the given piece, I argue that the clamp down upon the media personnel, who are critical of the government, is not something Dworkin…
Understanding Property Rights in Human Biological Materials
Ms. Aparna Sojan
Abstract
One might naturally speak of ‘my body’ and infer that, because it is ‘my body’, I can determine what is done to it or its parts. So, a typical answer to the question as to “Do you own your body?” would be “Yes, I do own my body.” Unfortunately, this is…