Tag: H.L.A. Hart
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Are Dworkin’s Principles Really Different from Hart’s Extra-Legal Standards?
[By Anmol Sai, Final Year B.A. LL.B. (Hons.) student at NLSIU, Bengaluru] A Jurisprudential Inquiry Into Judicial Reasoning In Hard Cases The blog examines whether the principles proposed by Ronald Dworkin are meaningfully different from the extra-legal standards described by H.L.A. Hart. I argue that, firstly, while principles may be conceptually binding, in Dworkin’s sense…
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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…
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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…