The Nature of Law
8 Pages Posted: 16 Jun 2013
Date Written: June 14, 2013
Abstract
This Article aims to examine the true nature and origin of law and rights from two perspectives, positive law and natural law. The primary question that this work aims to answer is whether laws and rights are man-made or transcendent. The article refers to the Nuremberg trials and the minority opinion of Justice HR Khanna in the judgment of ADM Jabalpur v. Shivkant Shukla during Indian emergency to address the above question.
The article also refers to the American Declaration of Independence and the Universal Declaration of Human Rights to ascertain the question of the nature and origin of laws and rights.
Keywords: Natural Law, Nuremberg Trials, ADM Jabalpur v Shivkant Shukla, HR Khanna, Origin of Laws, Human Rights
JEL Classification: K14, K33
Suggested Citation: Suggested Citation