“Law In Books Versus Law In Action?”, 23 November 2019
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 23 November 2019
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi explores the "great divide" between progressive legislation and its failed implementation on the ground. He uses Roscoe Pound’s famous distinction to critique the "symbolic" nature of many Indian laws (like those against untouchability or dowry). The article argues that the "law-in-books" creates a "false sense of progress" while the "law-in-action" remains hostage to social power and police apathy. The synopsis notes Baxi’s call for "socially auditing" laws. He suggests that true "demosprudence" requires moving beyond the "parliamentary text" to ensure that the law actually changes the "lived reality" of the citizen. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository