Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | 2015 | 2014 | 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File a Caveat in Supreme Court or Delhi High Court
Call at Ph no: +9873628941
 

Main Categories
 Accident Law
 Arbitration
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email



Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments


Published : January 27, 2017 | Author : ATUL ALEXANDER
Category : Miscellaneous | Total Views : 149 | Rating :

  
ATUL ALEXANDER
LL.M,International Law and Organisations, JRF
 

Delimitation and Drawbacks of Legal Philosophy

All men are idealistic and striving a tinge beyond the attainment of physical satisfaction and perfection. In this regard law could play a navigating role in contributing towards achieving ‘good life’, the success of a social system depends on its ability to direct the surplus energies which are not absorbed by economic or sexual pursuit into socially desirable channels.

Only a society which has set-up a working system for primary satisfaction can direct activities which could embellish material and spiritual world. Rudolf Von Jhering in his popular work ‘Law as means to an End’ gives an account of law as a element in the sphere of security for individual in maintain certain basic conditions of life. Another major role played by law is in the promotion of peace which precluding the physical satisfaction surpasses the realms of socially realizable goals.

The past history of mankind demonstrates clearly thus far that law has been successful in curbing fighting within the organizing group. Psychology of human beings is not so structured to make endless condition of social struggle, hence the creation of institutions to promote peace and harmony. Thus, emerged the ‘peaceful politics’, i.e. law as an instrument for rationale distribution and limitation of power in the society. But certain inherent defects are apparent like serious weakness in enforcement and International friction. Sigmund Freud the famous psychology gives a account in terms of volition understanding i.e. social and creative impulse which is matched by death instinct, and the outlet of human desire is aggression and destruction. Enrich Fromm states: human nature is not primary and appetite, but comes to the fore only in frustrating circumstances. Bronislaw Malinowski prefers an economical abstraction pointing out that war happens because they are economically and politically profitable. Moral struggle to the bitter end must be inevitable fate of mankind. The impression of dharma in the Indian context dishes out a solution through various texts like the Vyavahara Dharmasastra, Mahabharatha which enjoys lends a crystallized angle to the purpose and object of law and war with regard to respect for people and insulate man against sin, which is founded on the principle of finding solution to the problem of human instinct, which is influenced by anger, passion, enmity and infatuation.

The nature and purpose of law is to adjust the Interests, which could be on the basis of Individual versus Individual or Individual versus State. Hence, arosse the clash between Individual and Social Interest. Law evinces conservatism like precedents of the past binding decisions, which has stifled freedom, security and predictability. The society changes as a rapid pace in fact faster than law, law in fact adjusts to the society. The problem of ‘time lag’ in law may manifest itself on various levels of legal system. On the other side of the coin the legislature procedure is often slow and cumbersome fetter with dissent. General rules aversion expressed by Plato, is rooted in the normative arrangement. Normative arrangement could not do Justice to human relations because of their infinite variety and complexities. Law more often than not causes hardship, which although indispensible social institution therefore equity comes to the picture. Norms are designed and formulated to forestall anomie hence the inexorable need for law.

Reference:
1. Jurisprudence: The Philosophy and Method of the Law, Edgar Bodenheimer.
2. The Cocept of Law, H.L.A HART.
3. Law as a Means to an End, Rudolf Von Ihering.
4. Rama Jois, Dharma: The Global Ethics.
5. Civilization and it's Discontents, Sigmund Freud.




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Miscellaneous category
Indian Partnership Act,1932
Law on Parking Spaces
Shops & Establishment Act of Punjab & Haryana
Role Of Election Commission
Restrictive & Extensive Definitions
Doctrine of Permissible Limits Under Delegated Legislation
Judicial Review in India And USA
Tribal Laws & Customs in India
Conversion and Reservation: Christian Dalits and the obstacles to social mobility
Enabling Statute: Rules of Interpretation
Is Poverty A Cause of Corruption
Whistleblowers and their Protection in India
Land Reforms & Duty Of State
Indian Legal Metrology System
Right to Innocent Passage in Territorial Sea.
Administrative law
Most recent articles in Miscellaneous category
Video recording of the court proceedings
Right to Privacy is a Fundamental Right - A Study
The Consumer Protection Law- Birds Eye View
A Machinery Safeguarding Environment: National Green Tribunal
Winding up of a Private Limited Company under Companies Act, 2013
Union Budget 2017-18
Freedom of Religion
E-Waste Management Rules 2016
Delimitation and Drawbacks of Legal Philosophy
E Waste Management Issues Challenges and Proposed Solutions
No Detention Policy: An Appraisal
Dishonour of Cheque its Consequences Under Negotiable Instruments Act As Amended Upto
Quasi-Federal Nature of Indian Constitution
Merger And The Role of Competition Commission of India
Freedom of Speech and Expression
GST: New Dimensions in Indian Tax System

Article Comments

there are no comments...


Welcome!
Please login or register a new free account.

Random Pick
This Article critically examines the provisions of the Right of Children to Free and Compulsory Education Act, 2009....

Statistics
» Total Articles
1398
» Total Authors
4131
» Total Views
16756184
» Total categories
40

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3