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Understanding Sources Of Obligation: A Comparative Analysis Of Legal And Philosophical Perspectives




Venkatesh P, B.A., LL.B. (Hons), Vinayaka Mission’s Law School, Chennai.


ABSTRACT


Obligation can be said to lie at the heart of law, philosophy, and ethics the concept representing duties or commitments that are imposed upon individuals or entities to do or refrain from doing some things. The paper reviews the sources of obligation considered both from a legal as well as from a philosophical point of view. nn law, sources of obligation are contractual agreements, statutes, tort obligations, and constitutional requirements. On the other hand, philosophical sources focus on moral principles and theories of ethics as well as social contracts. By doing so, this paper presents an overview of how the two sources compare between roles, binding forces, and implication in different settings. The paper also further delves into the role played by these sources with respect to the development seen in modern society, indicating how globalization has taken root, along with the emergent role of human rights and environmental duties. This paper demonstrates, through an exhaustive analysis, how the obligation from multiple sources reflects human action, social configurations, and moral obligation that give rise to a framework where rights, duties, and responsibilities are balanced.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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