Maharashtra National Law University, Aurangabad 12th Juridical Lecture
JURIDICAL LECTURE BY Prof. (Dr) A. Lakshinath
12th Juridical Lecture was organized in Maharashtra National Law University, Aurangabad on “Jurisprudence” on Thursday, 31st May 2018. The lecture was delivered by Prof. (Dr) A. Lakshinath, Former Chancellor, Damodaran Sanjivayya National Law University, Visakhapatnam and FormerVice-Chancellor, Chanakya National Law University, Patna. He has also been former Dean and Registrar, NALSAR University of Law, Hyderabad.
He has been an academician in the field of law for five decades and has done substantial research in the areas ofConstitutional Law, Jurisprudence and Human Rights. He has authored ten books and one hundred articles and edited seven law journals. He is a Visiting Faculty for many institutions of excellence. He was Dean, Faculty of Law, Andhra University and Nagpur University. He was a member of the Boards of Studies in Law in several universities and was the Chairman, Boards of Studies in Law in Andhra University and Nagpur University. He has successfully guided seventy seven scholars out of whom, seventy four were awarded Ph.D. degrees in law and three were awarded LL.D. degrees. He was Chief Co-coordinator and Senior Consultant in World Bank, National and State sponsored projects. He was Project Director for the National Human Rights Commission`s Human Rights Literacy Program. He was senior Consultant for Projects on good governance sponsored by Andhra Pradesh State Government.
He began the lecture by talking about the legal education and how it grew in India. He then spoke about innovation- how technology has entered in every field, but not in lawwhich he explained by saying that Justice is still delayed although technology has developed. He asked students whether they had ever come across any case which is decided in reasonable time except the recent one of Karnataka, because it is a case of Karnataka that’s why it got disposed of within 24 hours.
He talked about orthodox system of Education which was prevalent at the time of Napoleon who raised question on these types of Education system and then there was an evolution of search based Education system. He then discussed the importance of Jurisprudence and asked what is Jurisprudence which simply meansJuris and Prudence, Knowledge of law.
And then he asked,“What is Knowledge?” He informed that Knowledge is a systematic study of learning. Knowledge is something which removes the confusion of the learners. He explained Austin School by discussing the history. “Austin after spending years in the army during the Napoleonic Wars, Austin turned to law and spent seven unhappy years practicing at the Chancery bar. In 1819, Austin married Sarah Taylor and became neighbours and close friends with Jeremy Bentham and James and John Stuart Mill. Mainly through Bentham’s influence, Austin was appointed professor of jurisprudence at the newly founded University of London in 1826. Austin’s lectures were not well-attended, and he resigned his university post in 1834.Thereafter, Austin lived largely on his wife’s earnings as a writer and translator. Plagued by ill health, depression and self-doubt, Austin wrote little after the publication of his major work, The Province of Jurisprudence Determined (1832). This work was largely ignored during Austin’s lifetime. It became influential only after his death when his wife, Sarah Austin, published a second edition in 1861. A second book, Lectures on Jurisprudence, was put together by Sarah from Austin’s notes and published in 1863. He has influenced of his early army life and accordingly he said “Law is something which is the command of the Sovereign”. He said “I am not concerned with whether it is good or bad, moral or immoral. For me Law is the command of the Sovereign, backed by sanction.”
Austin says “I am not concerned whether law is good or bad. I am only concerned with what Law is?”
Prof. Lakshminath had taken the example of CGST and SGST and said that we have to obey it. We are not having any option rather than following the command. We cannot question whether it is good or bad decision, but we have to follow as it is the command of the sovereign and it is backed by sanction. In a democracy setup “Who is sovereign State or Central?” He says Sovereignty lies in people of that nation.
He then discussedthat everywhere it is written that “Satyamev Jayate” what is Satya? Satya is not real it is manufactured, for example if you say something wrong for hundreds of time it becomes truth, in these way truth is nothing but it is being manufactured. Only Supreme Court uses “Yato Dharam Tato Jaya” What is Dharma? The Concept of Dharma is much better concept than truththereare two important concepts, Law and Justice both are different but Dharma includes both these conceptsthat are why the concept of Dharma is much better concept than truth.He said that Law started from Dharma and ends to Sadacharya.
Moving further, he discussedHistorical School of thought and said Historical School of law is concerned with “What Law was?”He then discussed what is the function of Law? It has something to do with society, how? He explained it, by stating an example that “In a society Poor man wants land and a rich man also wants land. Because both want land, there arises conflict. To solve that conflict we have “Land Ceiling Act” Property has common in society. Individual has interest and Society has interest. Now the function of the law is to regulate. When two conflicting interest are there, one interest need to be sacrifice. The philosophy of the ruling people had to decide that which interest needs to be sacrificed. This is called Philosophical School of Thought.
He then discussed how to define “Definition”?For defining definition one must know the basic knowledge of that subject matter and then do analysis of that matter and then shall come to specific conclusion that can be stated asDefinition of the subject matter.
He then discussed what is Rule? He discussed what ‘Law’ is through two points. First being System of Rules, which says that “Legal Rules are non – optional in character and one has to obey it. There is no other option rather to follow” and Second point being that Set of Rules “It is that rules which is not binding in nature, it is non-obligatory”. Prof. H.L.A. Hart says that – What is Law? It is the system of rules different from set of rules, which is non-binding.
He then discuss Scandinavian school of thought i.e., Philosophical School of Thought.
In the end of the lecture he discussed Substantive and procedural law, its use and said that Law is “Combination of procedural and substantive law.”
Maharashtra National Law University, Aurangabad