New theory in jurisprudence needed: Katju
Thiruvananthapuram: Modern jurisprudence is undergoing a crisis as it had exhausted the possibility of further development despite creating a host of schools and theories, Press Council of India chairman Justice Markandey Katju said here on Monday.
A new theory in jurisprudence which is at pace with social development ushered in by advancement of technology is required in the new era, Katju said, while delivering a lecture on `ancient and modern jurisprudence` at the Law Academy here.
"Since each major technical advance in modern industrial society brings about a change in social relations, it calls for new legal norms, which is not possible by slow customary growth. Hence legislation has become the most important source of law in modern society," he said.
Sociological jurisprudence, that became an important trend in the 20th century by seeking to study the legal system not in isolation, but as part of the social reality, considerably broadened the scope of jurisprudence.
The basic feature of modern society was its remarkable instability due to the revolutionary nature of modern industry.
"By continuously changing techniques of production with new scientific inventions and discoveries, modern industry is constantly causing major changes in social relations and law," Katju said.
Though legislation is the source of law in modern society, there were often gaps in the statutory law which always did not keep pace with social development and advancement in technology. "This required judge-made laws to fill in these gaps in certain circumstances," he added.
"While ancient Indian jurisprudence could be said to belong to the historical school of jurisprudence, modern jurisprudence is a combination of positivism, sociological jurisprudence and natural law," Katju said.
More from India
More from World
More from Sports
More from Entertaiment
- India- America joint military exercise begins in Ranikhet
- Exclusive: This is what Kashmir's stone pelters have to say!
- India to activate laser walls on LOC to stop infiltration
- Panel discussion on 'Most Favoured Nation' status India accorded to Pakistan in 1996
- Former bureaucrat BK Bansal commits suicide along with his son at Delhi residence
- SETBACK! Sedition case against 200 Congress workers for shouting 'Pakistan Zindabad' slogans during rally for Uri martyrs
- Did Arvind Kejriwal tweet in favour of Pakistan over Uri attacks? Here is what Twitter says
- Rameez Raja picks all-time XI - Three Indians, but just one Pakistani make it to the list
- WATCH: At 430/9, India needed 24 runs to avoid follow on. What Kapil Dev did next will blow your mind!
- This Hindu-dominated village in West Bengal is not allowed to organise Durga Puja as Muslims don't want it