07-01-2008, 01:25 PM
a blind legal system among other things is just a metaphor for impartiality, and such blindness by itself does not make it the standard bearer of normative ethics.
your argument throughout the above post is on identifying normative trends in the present legal structure and differentiating the Indian legal system as non-normative.
if this is the case then though i would accept part of your premise i have to disagree with your conclusions. no legal system is normative or descriptive in totality. indeed it is my contention that no legal system can be either wholly normative or descriptive.
taking your example of "Abrahamic legal systems" and their alleged non-changing normative ethics unless you give examples of the same it would be difficult to understand your premise. however i would like to point out that the only constants in these "Abrahamic Legal Systems" are concepts of 'justice', 'rule of law', 'equity' among others. i agree that these concepts are non-changing but their interpretations are open to all. further i would like to point out to the existence of similiar concepts existing in our "Indian legal systems" too. example the idea of "Dharma". such being the case how can the "Abrahamic legal systems" be considered to be Normative while ours are considered to be non-normative. the example provided of historical stories in Puranas and other sources can at best be considered to be descriptive interpretations of normative values.
however one difference that might exist between the above mentioned two legal systems might be the "normative values" that either of them espouse.
also as religion as understood by either of the two legal systems is very different comparisons between their definitions should be undertaken more cautiously.
- Pratardana.
your argument throughout the above post is on identifying normative trends in the present legal structure and differentiating the Indian legal system as non-normative.
if this is the case then though i would accept part of your premise i have to disagree with your conclusions. no legal system is normative or descriptive in totality. indeed it is my contention that no legal system can be either wholly normative or descriptive.
taking your example of "Abrahamic legal systems" and their alleged non-changing normative ethics unless you give examples of the same it would be difficult to understand your premise. however i would like to point out that the only constants in these "Abrahamic Legal Systems" are concepts of 'justice', 'rule of law', 'equity' among others. i agree that these concepts are non-changing but their interpretations are open to all. further i would like to point out to the existence of similiar concepts existing in our "Indian legal systems" too. example the idea of "Dharma". such being the case how can the "Abrahamic legal systems" be considered to be Normative while ours are considered to be non-normative. the example provided of historical stories in Puranas and other sources can at best be considered to be descriptive interpretations of normative values.
however one difference that might exist between the above mentioned two legal systems might be the "normative values" that either of them espouse.
also as religion as understood by either of the two legal systems is very different comparisons between their definitions should be undertaken more cautiously.
- Pratardana.