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IHERING’S SOCIAL INTEREST THEORY: A CRITICAL STUDY

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IHERING’S SOCIAL INTEREST THEORY: A CRITICAL STUDY INTRODUCTION:-         Ihering was educated at berlin in Germany. He was professor at Basel. His spirit of law was published in four volumes during 1852-1865.later,he published his principle work which translated as ‘Law As Means To An End ‘in 1913.In this work he criticised the nation of individual freedom and liberty as advocated by Kant and Bentham as they had divorce legal theory from social realities .He thus opposed the doctrine of individualism which ,in his view was incompatible to the cause of social justice.Ihring opined that social interest of the society must gain priority over individual interest and the purpose of law should be to protect the interest of the society. His legal philosophy on sociological aspects of law. [1]          Ihering laid the foundation of modern sociological jurisprudence by this insistence on treating law as one of the important ...
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Note on Appeal by Special Leave

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A Note on Appeal by Special Leave The Supreme Court of India is the Apex Court of India and is the final interpreter of the Constitution and the law. The Court is also known as the guardian and protector of the people’s Fundamental Rights. The Supreme Court is the final Court of Appeal in all Civil, Criminal and other matters and thus helps in maintaining a uniformity of law throughout the territory of India. The Court is held to be the ultimate repository of all judicial powers at National level by virtue of it being the summit Court at the pyramidal height of Administration of Justice in the country and as the upholder and final interpreter of the constitution of India and defender of the fundamental of Rule of Law. The court is duty bound to uphold the constitutional values and enforce constitutional limitations, as the ultimate interpreter of the Constitution ( I.R. Coelho VS State of T.N., AIR 2007 SC 861 ). Articles-132 to 134 and 136 of the Constitution of...
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Introduction PIL in Indian Legal System

           PUBLIC INTEREST LITIGATION INTRODUCTION                              Public Interest Litigation which means "litigation in the interest of public". The undeveloped concept of public interest litigation can be traced in the system of ‘ actio popularis ’ of Roman law which permitted anyone in the society to initiate an action for a public delict in the court of law or to bring an action of restitution or injunction for the protection of public property or a religious charitable property. Thus the system of ‘ actio popularis ‘of Roman law can be described as historical basis of the present form of public interest litigation. The Bhopal Gas Disaster (Processing of claims) Act, 1985 which enabled the Union Government to file claims for damages on behalf of the gas victims exhibits a good example of R...
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