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

Patnaik, Pratik, The Nature of Law (June 14, 2013). Available at SSRN: https://ssrn.com/abstract=2279381 or http://dx.doi.org/10.2139/ssrn.2279381

Pratik Patnaik (Contact Author)

Symbiosis Law School, Pune ( email )

SB Road, Lavale
Mulshi
Pune, Maharashtra 411004
India

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