Email Address
Password
Forgot Password?
............................................................................................................................DescriptionEmergence of new dimensions of law to satisfy current societal needs through the judicial process by means of judicial activism is because of changing juristic notions. Real purpose of law is served by updating the law in this manner. Impact of the dynamic concept is evident in the modern judicial process. This book seeks to present a new theory in the field of jurisprudence of which, there is a dire need in the modern world. The theory of dynamic positivism which the author is presenting in this book adopts the correct points in classical positivism (the distinction between ‘Is’ and ‘Ought') and in sociological Jurisprudence (treating law as part of the social reality), avoids the defect in both, and takes the subject of jurisprudence to an altogether higher level than as yet achieved. It is submitted that Dynamic Positivism will be the jurisprudence of the scientific era.............................................................................................................................ContentsPart IChapter I - IntroductionChapter II - The Crisis in Jurisprudence Whether Social Science is a Science Whether Jurisprudence can be a ScienceChapter III - Classical PositivismChapter IV - Classical Positivism and Dynamic Positivism Neo-positivism or Logical positivism The Hart concept The Critique of Classical Positivism Dynamic Positivism and Sociological Jurisprudence Classical Positivism and Dynamic PositivismChapter V - The Origin and Development of LawChapter VI - The Nature of Law The Element of Sanction Criminal Act-Sanction The Element of Normativity Normativity and Positivism The Negation of Normativity Sociological Jurisprudence and Normativity Normativity in the Scintific Era The Shape of Law in the FutureChapter VII – Roscoe Pound and American Sociological JurisprudenceChapter VIII - Sociological Jurisprudence in Continental Europe Law as Social Relationship The Autonomous Law Movement and The Jurisprudence of Interests The Institutional School The Critique of Sociological JurisprudenceChapter IX - The Pure Theory of LawChapter X - Law in the Scientific EraChapter XI - Natural Law in the Scientifc EraChapter XII - Law Religion and PoliticsChapter XIII - Law and JusticeChapter XIV - The Welfare StateChapter XV - Judicial LegislationChapter XVI - The Scientific Management of SocietyChapter XVII - The Indian Scene Caste The Infrastructures in Cities The Educational System The Indian Economy Population The Role of the Indian JudiciaryChapter XVIII - The Nature and Problems of Space Law The Space Treaty of 1967 Freedom of Exploration and use of Outer Space Space Activities to be in accordance with International Law and U.N. Charter Partial Demilitarisation of Outer Space and Total Demilitarisation of Celestial Bodies Retention by States of sovereign rights over space objects launched by them International Responsibility of States for activities in space and liability for damages caused by space objects Assistance to space craft personnel in the event of any danger International Co-operation in space Exploration International organisations related to space law Committee on Peaceful uses of Outer Space (COPUOS) The International Committee on Space Research (COSPAR) and International Astronautical Federation (I.A.F.) The International Telecommunications Union (ITU) Intelsat The World Meterological Organization Some Special Problems of Space Law Remote Sensing by Satellites and Spacecraft Direct T.V. telecast by satellite. The Common Heritage of Mankind Concept Some recommendations for further development Total demilitarisation of Outer Space Setting up of an international organisation for equitable distribution of outer space resources Setting up of an international organization for regulating T.V. telecasts and remote sensing Extension of the Common Heritage of Mankind (CHM) concept The Future of Space LawChapter - XIX Air Law Principle of sovereignty Consequences of violation of Air Space Registration of Aircraft The International Civil Aviation Organization Freedom of the Air Airport Control Air Law and Space Law Air Law of the Environment The Future of Air LawChapter - XX The Challenges before the Underdeveloped NationsChapter - XXI The Mimansa Principles of Interpretation-IChapter - XXII The Mimansa Principles of Interpretation-IIPart II - Selected Judgments Education Secularism and Freedom of Religion Democracy The Bureaucracy Women's Emancipation Business Culture Youthful Indiscretions and Rehabilitation The Welfare State Agriculture Law and Order Fiscal Discipline Sanskrit and Urdu Judiciary and the Legislature Economic Unity of the Nation The Right to Bear Arms The Right to Speedy Justice The Mimansa Principles of Interpretation Judicial Legislation The Economy and the Public SectorSubject Index............................................................................................................................Author DetailsJustice Markandey Katju is a judge of the Allahabad High Court. He was born on 20-9-1946. He obtained a first division in every examination he appeared for, from Senior Cambridge to LL.B. He stood first in the merit list in LL.B. from Allahabad University in 1967. Thereafter he practised Law in the Allahabad High Court, specializing in Labour Law, taxation and writ petitions. He was elevated to the bench in 1991, and since then has given several Landmark Judgments (some of which are appended to this book).Justice Katju has been keenly interested in academics, and has a wide range of interests, including Sanskrit, Urdu, History, Philosophy, Science, Sociology, etc., apart from his interest in jurisprudence. He has written several books e.g. ‘Interpretation of Taxing Statutes' and Domestic Enquiry' His study of diverse subjects is reflected in his judgments which are often unconventional and path-breaking.Justice Katju is the son of Justice S.N. Katju, former judge of Allahabad High Court, and is the grandson of Late Dr. K.N. Katju, former Union Home and Defence Minister, Governor of West Bengal and Orissa and Chief Minister of Madhya Pradesh.............................................................................................................................
