Samrat Bandopadhyay, Amar Mallick and Reena Banerjee
ABSTRACT
The criss-cross and cross-fertilisation of ideas and theories from varied streams of knowledge have been the bedrock of evolving and dynamic concepts, propositions, theories, doctrine and legal tenets which define the jurisprudence in the realm of legal know-how. The quest of humanity to evolve and to assimilate the best practices and the know-how has led to the learning curve as the future generation draws inspiration from the works of their predecessors. Newton once reminisced that he is Newton because he could stand on the shoulders of the giants, the predecessors, so that the succeeding generation could take the journey forward for the betterment of society. The instant paper is an attempt to view and analyse the varied contributions of the scholars who have shaped the legal jurisprudence of present times. The seminal contributions of Natural Law scholars and Positivists have a profound influence on the understanding and shaping of the laws of the land. The contribution of scholars inter alia Jeremy Bentham, Prof H.L.A. Hart, Hans Kelsen, Emmanuel Kant, Albert Einstein, John Austin, Sigmund Freud, Karl Heinrich Marx, Friedrich Engels, John Maynard Keynes and Prof. Lon L. Fuller had a profound ramification in the legal system of the times. The article is an attempt to delve into the intersections and interspersed areas which are inextricability connection from the perspective of law, economics, management, psychology, sociology and philosophy and the causal metamorphosis which helped shaped the present-day law as we all see it.
Keywords: Natural Law; Positivists; Bentham’s Utilitarian theory; Hedonistic Calculus; Pain and Pleasure theory; Austin’s Command theory
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