This episode of deep-fried neurons deals with the societal concept of Law and its placement at the center of society as a guide to the operating checkpoint of autonomy. In this episode, we discuss the necessity of law and how the law came to be in human civilization, Along with which, we also focus on how once the law was changed from the command of the sovereign; it would become a collective human sanction in favor of truth, the moral good and reason. We also discover the philosophical arguments advanced that suggest this pursuit is cloaked by a will to exert power.
After we go through the philosophical literature, we look at the Legislative battle for the rights of the LGBTQIA+ individuals in India to decriminalize same-sex relations previously classified as "unnatural" under the law, and how our studies in jurisprudence show the vertical limits of our courtrooms and reading of our legislation when it comes to actually protect justice.
Literature Reviewed / Recommended for this episode
- Jurisprudence and Legal Theory (EBC Publishers)
Atchutan Pillai
- Beyond Good and Evil
Friedrich Wilhelm Nietzsche
- A Hero of Two Worlds
Mike Duncan
- The World of the Homosexual
Shakuntala Devi
Cases read and referred for this episode
KeshavNanda Bharti V. State of Kerela AIR 1973 1461
Naz Foundation V. Government of NCT Delhi 2010 CrLJ 94 (Del.)
Suresh Kumar Koushal V. Naz Foundation and Ors. MANU/SC/1278/2013
Navtej Singh Johar V. Union Of India (2014) 5 SCC 438
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