Shikhar Sarangi, National Law University, Delhi
ABSTRACT
The concepts of law, justice, legitimacy and authority are as old as the births of the first civilization. With the advent of society came questions surrounding the role and duty each individual had within such paradigm and whether this status quo should remain constant or whether it can be upended. Many institutions that exist today were cornerstones of civilizations since the ancient period of city-building, albeit they were less complex and were rudimentary in terms of their functioning and structure. It is this greater complexity which this paper aims to dissect and analyze the questions of law which have remained constant throughout the ages and the forms that they have taken today.
The framework of justice and fairness within which legislation is created has not always been an indisputable, self-evident truth. While that may be the current world order, over different eras, politically dominant nations and societies (in more ways than one) have formulated and codified their own laws and the same has defined the morality and nature of rulers of the relevant period. General ideas about justice and fairness in each period have influenced the laws and the laws created by the will of the rulers, influenced by other variables, has regulated the conduct and behavior of the populace. The law, is hence, both a factor and outcome influencing the principles of morality in the absence of greater evidence suggesting otherwise. It is possible to make a clear distinction between the morality of the general public and the lawmakers’ today. However, this assertion too is fraught with inherent complications and the same will be addressed during the course of the paper.
This research paper is an investigation into various theories and forms that law has taken over time and regions. A topic as abstract as this cannot plausibly be comprehensively be covered here, nor does this paper attempt such a task.
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