New pressures on law

  • Law Making in India
  • Various factors that affect Law Making and Law Enforcement in India
  • Some of the areas discussed here are

– Law as a command;

– Court made Law;

– As norms as explained by Kelson;

– Law as rules as explained by Hart;

– to this we can add new pressures on Law Today;

– Sometimes Law does not confirm to the psychology of certain sections of people

– In such cases the question arises whether they have to confirm to the mental

attitude of the people.

– For instance Constitutional minds generally view some areas differently especially with present trend.

– The same concepts are not reflected among the people

– For instance in the latest case of the Sabarimala Temple

– There is the concept of Constitutional framers

There is concept of present day legal luminaries

– There is a concept of devotees, some of them indoctrinated by traditions

– Some of them motivated by political processes’

if various sections were subjected to brain-test could data lead different conclusion

– Would such data be relevant for future researchers

– Could such an over-use of the method sound dangerous for democracy

– Perhaps methods of combining brain-testing and laws have  been used




Next discussion :law and thought process and brain scans

Next: discussion of constitution in Portugal and colonies ;

reality? paper constitution, illusionary?


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