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Vol2-Issue2-010.Pdf https://Journal.lexresearchhub.com ISSN : 2582– 211X 1 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X DISCLAIMER All Copyrights are reserved with the Authors. But, however, the Authors have granted to the Journal (Lex Research Hub Journal On Law And Multidisciplinary Issues), an irrevocable, non exclusive, royalty-free and transferable license to publish, reproduce, store, transmit, display and distribute it in the Journal or books or in any form and all other media, retrieval systems and other formats now or hereafter known. No part of this publication may be reproduced, stored, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law. The Editorial Team of Lex Research Hub Journal On Law And Multidisciplinary Issues holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not necessarily reflect the views of the Editorial Team of Lex Research Hub Journal On Law And Multidisciplinary Issues. [© Lex Research Hub Journal On Law And Multidisciplinary Issues. Any unauthorized use, circulation or reproduction shall attract suitable action under applicable law.] 2 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X EDITORIAL BOARD Editor–in-Chief Mr. Shaikh Taj Mohammed Ex- Judicial Officer (West Bengal), Honorary Director, MABIJS Senior Editors Dr. JadavKumer Pal Deputy Chief Executive, Indian Statistical Institute Dr. ParthaPratimMitra Associate Professor, VIPS. Delhi Dr. Pijush Sarkar Advocate, Calcutta High Court Associate Editors Dr. Amitra Sudan Chakrabortty Assistant Professor, Glocal Law School Dr. Sadhna Gupta (WBES) Assistant professor of Law, Hooghly Mohsin Govt. College Mr. KoushikBagchi Assistant Professor of law, NUSRL, Ranchi 3 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X Assistant Editors Mr. Rupam Lal Howlader Assistant Professor in Law, Dr. Ambedkar Government Law College Mr. Lalit Kumar Roy Assistant Professor, Department of Law, University of GourBanga Md. AammarZaki Advocate, Calcutta High Court 4 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X ABOUT US Lex Research Hub Journal On Law And Multidisciplinary Issues (ISSN 2582 – 211X) is an Online Journal is quarterly, Peer Review, Academic Journal, published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essays in the field of Law and Multidisciplinary issues. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. Lex Research Hub Journal On Law And Multidisciplinary Issues (ISSN 2582 – 211X) welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines. 5 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X THE PHILOSOPHICAL SCHOOL OF JURISPRUDENCE WITH SPECIAL REFERENCES TO KANT, KOHLER AND DEL VECCHIO. Author – Raunak Chaturvedi Student, BBA. LL.B. (HONS.) Amity University, Kolkata 6 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X ABSTRACT This research paper is going to thoroughly deal with the philosophical or ethical school of jurisprudence and also talk about the three most important philosophers in this regard, viz., Immanuel Kant, Josef Kohler and Giorgio Del Vecchio. The scheme of the paper may be stated as follows- first we shall have an introduction to the philosophical school of jurisprudence, with special reference to the two most important Hindu mythological characters, Ram and Krishna. Then, we shall move on to discuss about the theory of Kant, where we shall see about Kant’s early life, the main essentials of his theory, the applications of the same and also the criticisms of the same. Henceforth, we shall move on to discuss about the theory of Kohler, where we shall have a small introduction about Kohler’s personal life, then move on to the essentials of Kohler’s jurisprudence, see its applications and also its criticisms. Finally, we shall delve into the theory of Del Vecchio, where we shall have a glimpse of his early days, analyse the essentials of his theory, look at the various applications and finally conclude with the criticisms for the same. Throughout the paper, colourful pictures have been included to give the author a better reading experience and opportunity to quench his curiosity. Keywords - Philosophical School of Jurisprudence, Immanuel Kant, Josef Kohler, Giorgio Del Vecchio. INTRODUCTION- The philosophical school or ethical school of jurisprudence turns out to be one of the seven major schools of jurisprudence. The main development of this school took place in the 18th to 19th centuries, particularly the latter and it was done by eminent jurists of the time, such as Immanuel Kant, Del Vecchio, Rousseau, Locke, etc. These people thought of jurisprudence and laws, in particular, to be the results of human needs, conscience and morality. Thus, this particular school of jurisprudence, we may see, was the bridge between the inculcation of morality and ethics within the law. If the reader is finding this to be a bit difficult to understand, then we may explain the same with help of a practical example. Suppose, you are an ethical jurist. You see someone stealing something in front of you. You would say, 7 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X ‘Stealing other people’s property is unethical. The person who stole had not earned that object which he took away by the means of coy from the victim. Had he earned it, or been gifted it, or inherited, then it would have been something else. But stealing is not moral, as it is against the general code of conduct of maintaining peace and discipline in the society’. This would have been your statement if you too would have seen something like this happening in front of you. The reason is that you look at the world not from the point of view of logic all the time. You rather look at the world, particularly law, through the sole aim of maintaining order, removing chaos and ensuring that societal discipline and righteousness is established. However, what is moral doesn't mean for you to be legal as well. Yes, it means for you that all the laws have been derived from morals and ethics. For example, the laws against adultery are derived from the moral that, ‘One is not supposed to sleep with another man’s wife’. Or, the law against spreading communicable diseases negligently is derived from the moral that, 'One ought to take care of the society and the people living within it, at all times.' If we look into Hindu mythology, the biggest moralist is Krishna. Yes, that is true. Not Ram. People may confuse Ram to be a rather moralist sometimes but the truth is that he was an analytical jurist. He truly believed in the fact that the command of the sovereign was supreme and maintaining the word and reputation of the Sovereign (Raghu Kul?) was the main motto of any officer of the Sovereign. An example of the same may be found in the story of Shamhhuka. There is this story of a Shudra outcaste called Shambhuka in the Ramayana. The Ramayana has been set in the backdrop of Treta Yug (the second quarter of the world’s life). As per the norms, only the Brahmins and the Kshatriyas were allowed to take renunciation (sanyas) from the world in this quarter. Vaishyas would be allowed in the Dwapara Yug and Shudras too in the Kali Yug (in which we are now). However, Shamhhuka, ignoring all these norms, began praying to the formless divine for salvation. As a result, there was a great imbalance in the Kingdom. On knowing the root of it, Ram took to kill him. On encountering Shamhhuka, the Shudra asked, ‘But I am worshipping the divine. Why am I being killed for something so pure?'. To this Ram replied, ‘But you have disrupted the balance of my Kingdom. You are a threat to its stability which has to be maintained at all times (Ram Rajya?)’. 8 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X Saying this, he beheaded the Shudra. Ram beheading Shambuka. Image Source1 This is a classic example of an analytical jurist. Always upholding the Sovereign command. Always considering it to be supreme and the source of all laws, even though it may be of no logic whatsoever. Krishna, on the other hand, was an ethical jurist. The first and foremost proof of the same is depicted during the Gita when he discourses, स्वधर्मर्पि चावेक्ष्य न पवकम्पितुर्र्मपि | धर्म्ामम्पि युिाच्छ्रे योऽन्यत्क्षपियस्य न पवद्यते || 31||2 The above line, if translated, says that Krishna told Arjun that as a warrior, it was his duty to uphold righteousness or dharma. Hence, we may say that this is one of the earliest examples of valuing moral justice over the rules of society. 1 https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.quora.com%2FWhy-did-Lord-Rama-kill- Shambuka&psig=AOvVaw28aQRWTIM8d2eMTf7O_ZnH&ust=1615048224666000&source=images&cd=vfe&ve d=0CAIQjRxqFwoTCLjIgNbJme8CFQAAAAAdAAAAABAS 2 Shrimad Bhagwat Gita, Verse 31, Chapter 2. 9 | P a g e https://Journal.lexresearchhub.com ISSN : 2582– 211X This line clearly states that for Krishna, all that mattered was to maintain the morality (dharma) of the situation.
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