Need for Paradigmatic Change in Jurisprudence: A Development Focused Approach in Definition, Application and Benefits of Law

23 Pages Posted: 4 Feb 2014

Date Written: February 3, 2014

Abstract

An attempt to justify the need of linking human development affairs with human rights and developing a concept of law as an instrument of enhancing human development is a major thrust of this article. It endeavors to relate law as a regime of governance with human development efforts as a precondition for securing adequate enforcement of international human rights laws. The article argues that 'poverty and ensuing deprivation' is an effect of massive human rights violation by State governments and international bodies. It moves ahead by setting an assumption that the regressive status quo; meticulously preserved and protected by way of anti-equity conventions and laws safeguarding hierarchical structure of society, is a stumbling block to the progressive transformation of the lives of deprived people. It goes on with assertion that no enjoyment of human rights, the liberal rights in particular, becomes possible without breaking the 'vicious cycle of poverty and regressive status quo' by help of rapid development activities targeted to meet the 'threshold condition of development'.

Keywords: Jurisprudence, Law, Justice, Developing Countries, human dignity

Suggested Citation

Sangroula, Yubaraj, Need for Paradigmatic Change in Jurisprudence: A Development Focused Approach in Definition, Application and Benefits of Law (February 3, 2014). Available at SSRN: https://ssrn.com/abstract=2389990 or http://dx.doi.org/10.2139/ssrn.2389990

Yubaraj Sangroula (Contact Author)

Kathmandu School of Law ( email )

Dadhikot-9, Bhaktapur
Bhaktapur, Bhaktapur 6618
Nepal

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