Law: Natural, Artificial and Unnatural , 2022

There are numerous felt needs, emotional, psychological, economic, equitable treatment in various fora or spheres of common (meaning interpersonal and collective spaces) life, to name the most obvious, that systems of “justice” and consequently of “law” are invoked to address. Demands on such systems, assuming these demands are not intentionally malafide or exploitative or abusive, range from that of vengeance and retribution to restoration, restitution and rehabilitation. The systems upon which such demands are made, with vastly varying degrees of expectation of fulfilment, and perhaps an even vaster array of protocols required to invoke judgement or resolution of some sort, likewise range from supernatural, moral and religious structures and apparatus extant to Global or International Instruments of Conventions and Treaties, with their own apparatus and structures all the way through “national” or “sub-national” systems, to “customary” or “traditional” practice, many of these last as diverse, contradictory, complex, even disguised as extrusions of a larger protocol, such as the “larger” systems of justice or even merely of ordinary, everyday life, the “normalcy” of mundane social interactions and transactions within which they are embedded. All these are of course, constantly mutating whether primarily in response to each other or to experienced situations and few, if any, provide unalloyed satisfaction. Certainly not for any appreciable duration. Rarely, if ever, is there a Permanent Resolution. Indeed, the array of caveats and exceptional or innovative resolutions, morphing into new legal trajectories of society have resulted in most formal bodies of law becoming unwieldy, fragmented, esoteric and inaccessible

Law & Contemporary Problems 71:2, 99-108, 2008

Natural Law From Ancient to Modern Era By Daudi Mswahela, 2021

This document covers theories of Law. It's well known that, there are different legal theories developed throughout societies. Though there are a number of theories, but major theories are four. These are; Natural Law theories, Positive Law theories, Marxist Law theories and Realist Law theories. But this paper will discuss in details about Natural Law theories. Positive Law theories, Marxist Law theories and Realist Law theories will be discussed in the forgoing writings. The emergence of Natural Law was not an overnight process. It was gradual process which evolved from various phases, which witnessed changes and development in its scope and mode of operation. The history started from ancient era to the modern era. Note: This document should not be used as final and conclusive reference during the pursuit of the course of jurisprudence. Hence students are needed to refer other literatures cited and referred also in this manual for further clarification and extensive knowledge development. However, via this Manual reader will be able to get general picture about the Transition of Natural Law Theory.

Ratio Juris: An International Journal of Jurisprudence and Philosophy of Law 19:3, 287-313 , 2006

Hindu law represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history. Hindu jurisprudential texts contain elaborate and careful philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been subject to some debate and some misunderstanding both within and especially outside of specialist circles. The present essay utilizes the familiar framework of legal realism to describe the fundamental concepts of law and legal procedure in Hindu jurisprudence. Questions about the place of natural law theory and legal positivism in relation to Hindu law are also considered.

Studies in History and Philosophy of Science Part A, 2019

In this paper we compare two different contexts-the legal and the scientific-in which the concept of law is prominent. We argue that the acute philosophical awareness, in the early modern period, of the difficulties surrounding the law concept in the scientific context, and the various responses to these difficulties, are rooted in an earlier tradition of jurisprudential concerns over the concept of natural law in its legal sense. We seek to show, further, that each one of the various philosophical accounts of the concept of natural law (in both of its senses) is embedded in a metaphysical and theological context, so that different visions of God yield different accounts of the meaning of the natural law idiom in science as well as legal theory.

Shanlax International Journal of Arts, Science and Humanities, 2020

Any authorities could have a robust foundation for its survival, “if it’s far based on liberty and justice”. Justice below regulation with out social justice, now no longer has any which means or significance. It isn’t any any doubt that humans due to the fact instances immemorial was hoping for justice and its survival always and ‘justice’ has been the watchword of all foremost social and political reform movements. Endless and ceaseless efforts have been made to abolish in justice, tyranny and exploitation. In the not unusual place parlance justice is equated with the whole thing this is good, mercy, charity and truth and different equal expressions. However, with inside the phrases of a Greek philosopher Thrasymachus, it can’t be described because the interest of thestronger. Justice isn’t always an irrational concept and the search for it’s far an everlasting quest. As a Hindu we in no way neglect about and notice the picture graph of a few preeminent Divine beings, for example,...