07-03-2007, 10:39 AM
well the usage of the "amglo-saxon" phrase is not related to any feeling of irritation or self righteous anger at any percieved appropriation by them or any body else. it was only a humourous dig bordering on the sarcastic to emphasie the absolute lack of material or study on any other legal system in the classes that i attended.
with regard to your confusion i feel that i was not careful enough such that i repeated the same mistake.
when you talk of the manusmriti, or the dharma shastras, or the islamic laws they would be similiar to the present day civil procedure code (cpc), criminal procedure code (CrPC), indian penal code (IPC). they are the absolute gross expression of the guiding principles of the time or the policy making body.....be that the dictatorship, the king, the emporer or in the present day the people as a coglomerate.
as such you can find a lot of such examples of the executable part of the legal system. you have already mentioned some of them. however i was interested in the guiding principles of these laws.
i think this can be illustrated from an example:
the legal and jurisprudence schools of the western law world include the "positivist school, the realist school, the natural law school" among others. these are schools with specific ideas bordering on ideology about the purpose of law, its definiton and they wish to channel its development on specific lines. they are similiar to the schools of philosophy that exist such as the "plato school, the neo-plato school" among others.
these legal schools of thought are not the same as the laws of the country. therefore the IPC or the CrPC exist and function independently of the schools of thought but their constitution or development are influenced by these same schools. similiarly the manu smruti is the actionable part of the law but its development is influenced by something. it is based on a set of ideas, it adhers to some principles.
i guess what i am asking for is about indian legal philosophies and the legal and jurisprudence schools of india.
hopefully this helps.
Pratardana.
with regard to your confusion i feel that i was not careful enough such that i repeated the same mistake.
when you talk of the manusmriti, or the dharma shastras, or the islamic laws they would be similiar to the present day civil procedure code (cpc), criminal procedure code (CrPC), indian penal code (IPC). they are the absolute gross expression of the guiding principles of the time or the policy making body.....be that the dictatorship, the king, the emporer or in the present day the people as a coglomerate.
as such you can find a lot of such examples of the executable part of the legal system. you have already mentioned some of them. however i was interested in the guiding principles of these laws.
i think this can be illustrated from an example:
the legal and jurisprudence schools of the western law world include the "positivist school, the realist school, the natural law school" among others. these are schools with specific ideas bordering on ideology about the purpose of law, its definiton and they wish to channel its development on specific lines. they are similiar to the schools of philosophy that exist such as the "plato school, the neo-plato school" among others.
these legal schools of thought are not the same as the laws of the country. therefore the IPC or the CrPC exist and function independently of the schools of thought but their constitution or development are influenced by these same schools. similiarly the manu smruti is the actionable part of the law but its development is influenced by something. it is based on a set of ideas, it adhers to some principles.
i guess what i am asking for is about indian legal philosophies and the legal and jurisprudence schools of india.
hopefully this helps.
Pratardana.