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Mismatch between law and justice: jurist

Special Correspondent

‘Need for better understanding of ancient jurisprudence’


‘Law and religion closely linked’

‘Legal system should not be detached from culture’


THIRUVANANTHAPURAM: Eminent jurist N.R. Madhava Menon said here on Friday that the divorce of justice from law had created a paradox in modern society and relegated the legal profession to a trade. He was speaking after releasing a book titled ‘Administration of justice in ancient India,’ authored by K. Srikantan.

“The system of justice in ancient India was based on the concept of dharma, which emphasised the duties and responsibilities of a citizen, as opposed to the British legal system based on rights. The paradox created by a mismatch between law and justice did not exist in the period before the British rule. The concept of divine law was also acceptable at that time, proving that law and religion were closely linked,” he said.

Terming the law as an integral part of the country’s culture, Mr. Menon said a legal system detached from culture would fail to command legitimacy.

He highlighted the need for a better understanding and appreciation of ancient jurisprudence.

Presiding over the function, the former Chief Secretary V. Ramachandran said the lack of interdisciplinary approach and the absence of inter-lingual scholars had affected the quality of research in India.

Mr. Ramachandran had edited the work.

Earlier, Mr. Menon released the book by handing over a copy to Leela Gulati, whose father authored the book. Secretary of Bharatiya Vidya Bhavan P.Gopalaraman also addressed the gathering.

The book published by Bharatiya Vidya Bhavan is a treatise on the precepts and practices in the administration of justice in ancient India.

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