A. Analysing the problem in the indian context Cases of child marriage, which are widespread in India, illustrate the denial of the right to chose ‘when to marry’ given the children are not capable of giving their consent freely. Similarly, the practice of forced marriage implicates denial of both the right to choose ‘when’… More Do Indian women have a right to choose whether, when and whom to marry?
Hart’s The Concept of Law has left positivism uneasy with the philosophical divide between moralism and reductivism. The Hobbesian notion of moral chaos, from which positivism is derived, requires that the law be understood independently from subjective moral values, and the rejection of moralist accounts. A reductivist legal theory, Hart argues, is insufficient in that… More Can Hart’s ‘middle way’ between Moralism and Reductivism be rescued? A Character-based attempt at social normativity
The right to life; this is often thought to be the most fundamental human right, protected by Article 2 of the European Convention on Human Rights (ECHR). What seems to be a fairly unquestionable right, in fact carries with it the weight of controversy and uncertainty. ‘Not only is the right to life protected by… More Assisted Suicide
A decade ago, Susan Marks (arguably one of the big names in legal theory) tried to rationalise the relationship between theory and practice in the context of paradigm-shifting events. She did so in a paper reflecting on an unexpected reaction from a conference attendee: “Reflections on a Teach-in Walk-out.” January 2002, Afghanistan is invaded by… More The Arab Spring – The Seeds of Change