Selection Academy - Lectures on Law

Concepts are important as thinking tools at all levels be it academic, practical or legal philosophy. The three basic doctrines of legal positivism are : Pedigree Thesis or say Social Fact Thesis which emphasize that it is a necessary truth that legal validity is ultimately a function of certain kinds of social facts. The second doctrine of Conventionality Thesis claims that social facts give rise to legal validity and are authoritative in virtue of some kind of social convention. The third and the most important doctrine is Separability Thesis which further states that law and morality are conceptually different. Judges cannot incorporate moral requirements into law, they can only consider moral requirements in resolving certain unsettled questions of law but according to law. The most important questions of Analytical jurisprudence are "What are laws?" What is the relationship between Law and Power, Law and Morality.

A general understanding of the idea of Consent and Free Consent.

Equity is aimed at preventing a defendant from acting unconsciously (contrary to conscience) in circumstances otherwise where common law would have allowed to do so.

A journey from Fraud to Scam, from traditional identity theft to digital theft.

The vulnerabilities of modern youth and how they are honey trapped.

Time and again Medical Negligence has become an area of concern. We cannot expect any kind of negligence from medical professionals. In this podcast, I have explained how Supreme Court of India has made a shift from Bolam to Bolitho test.

Generally students get confused between Natural Law School and Philosophical/Ethical School. An effort has been made to clarify the doubt.

Res Ipsa Loquitur is a Rule of Evidence. The other name that can be given to it is Circumstantial Evidence. In this podcast I am explaining how Supreme Court of India has used time and again this confusing term and have maintained a balance between direct and circumstantial evidence.

Analytical School has played an important role in codification of laws. How the school evolved and how Bentham's and James Mill's Utilitarian Principle played an important role in codification of laws in India, finally giving a title of True Utilitarian to Lord Macaulay.

Law and Morality is interwoven in such a way that sometimes it is so difficult to understand the relationship between them. I have tried to explain the concept with the help of Social Contract Theory.. Where in the Subjects (citizens) willingly give up/surrender their freedoms, rights to the State (Government) and in return seeks guarantee that State shall protect their life, property and Liberty.. When state abuses its power by passing draconian laws, punish its citizens for any unwarranted action against State, there is a breach of Morality, principles of Natural Justice..

Pursuits of profits have absolutely drained emerging entrepreneurs of any feeling for fellow human beings, and law seems to have been helpless, systematic defects. It is such instances which have led many people in this country to believe that disregard of law never pays and that the consequences of such disregard will never be visited upon them, particularly, if they are men with means.