Author: CJLT NLIU
-
Juridical Will and Algorithmic Harm: Rethinking Legal Personality In The Age Of AI
[By Saloni Rani, second year student, Rajiv Gandhi National University of Law] I. INTRODUCTION Artificial Intelligence (hereinafter, AI) technology is deployed in almost every sector such as healthcare, banking, accountancy, gaming, in the contemporary era. This raises one important and pressing jurisprudential concern: should AI be recognised as a legal person or not? The European…
-
When Outcomes Tempt the Law: A Jurisprudential Reading of Justice in The Juror
[By Rohit Rohilla, Faculty and Mentor, LiveLaw Academy] In the 1996 thriller The Juror, one of the most intellectually arresting moments does not occur in the courtroom but inside the jury deliberation room. The scene is deceptively simple: a group of ordinary citizens must decide the fate of a man accused of a violent crime.…
-
Sovereignty on Trial: The Aftermath of Article 370
[By Harshita Saraf, third year B.A. LL.B. student at WBNUJS, Kolkata] I. The Prism of Sovereignty: How Jurisprudence Shapes Legal Interpretation Perhaps, there is no single, objective reality to any fact; it is shaped by the narrative through which it is told. Law, too, exists in a similar interpretive space, where every legal event is…
-
Standpoint Epistemological Critique of the Karnataka Menstrual Leave and Hygiene Bill, 2025
[By Swarnava Hati, second year LL. M. student at Faculty of Legal Studies, South Asian University, New Delhi] Introduction The Karnataka Menstrual Leave and Hygiene Bill, 2025 (the ‘Bill’) was drafted by the Law Commission of Karnataka, based on the biological differences between men and women, while emphasizing their equality.[i] The intent is not to…
-
Encounter Killings and the Erosion of Legal Authority
[By Apoorv Sonkar, Fourth Year B.A. LL.B. (Hons.) student at NLIU, Bhopal] Encounter killings in India frequently receive public approval, and the reasons for this reaction are not difficult to identify. The legal system often moves slowly, and justice delivered after prolonged delay rarely satisfies public expectations of accountability. Encounters, by contrast, appear to offer…
-
The Algorithmic Ghost: A Jurisprudential Inquiry into Digital Remains
[By Utkarsh Rai, First Year B.A. LL.B. (Hons.) student at NUSRL, Ranchi] I. Introduction: The Rise of Thanatechnology The legal maxim “actio personalis moritur cum persona” a personal right of action dies with the person, has long served as the biological guillotine of the law. It assumed the fact that personality was essentially bound to…
-
Skulls, Chances, and Cinema Fires: An Adjudicatory Theory of Legal Causation
[By Rohan Karan Mehta, Fourth Year B.A. LL.B. (Hons.) student at NLSIU, Bengaluru] Introduction From Hart to Kant, from Calabresi to Bertrand Russel, causation is an inquiry that cuts across disciplines. Given its pervasive nature, my scope in this essay is limited to the adjudication of causation in criminal and tort law. To elaborate, I propose…
-
Allocative Silence: Threshold-Normativity and the Collapse of Whittington’s Distinction
[By Devansh Shrivastava, Fourth Year B.A. LL.B. (Hons.) student at NLSIU, Bengaluru] The central anxiety of constitutional theory is the “counter-majoritarian difficulty”. In a democracy, the legitimacy of unelected judges striking down laws enacted by elected representatives is perpetually suspect. The aim then is to ensure that judges function as faithful agents of the text…
-
Adjudication, Neutrality, and the Jurisprudence of Imagination
[By Rohit Rohilla, Faculty and Mentor, LiveLaw Academy] A brief moment in popular culture often captures with unusual clarity what jurisprudence has spent centuries attempting to explain: how judges decide cases, what neutrality means, and whether law can ever be detached from social life. In A Time to Kill (a 1996 American legal drama film…
-
Kelsen ‘ought’ to differ on ‘is’!
‘Grundnorm’ just like any other word or term ‘ought’ to refer to a particular phenomenon as perceived by the user, however labelling a constitution as the grundnorm ‘is’ a misnomer. [By Shaurya Chopra, Fourth Year B.A. LL.B. (Hons.) student at NLIU, Bhopal] Background – The Pure Theory Hans Kelsen expounded one of the most successful…