Law and Society

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Published by Dept. of Sociology, University of Mumbai, A. R. Desai Memorial Lecture, 1996. Mumbai

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Published by Dept. of Sociology, University of Mumbai, A. R. Desai Memorial Lecture, 1996. Mumbai

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International Conference on Law and Economics (Kanpur IIT, September 3-5,2016)

Abstract Baxi discusses the ethics and necessity of "institutional mutiny," referencing moments when judges or officials speak out against internal decay. He focuses on the 2018 press conference by four Supreme Court judges as a "transformative moment" that exposed systemic crises. Baxi argues that such disruptions are often necessary to protect the "soul" of an institution from being stifled by hierarchy or political pressure. The piece examines when "breaking ranks" becomes a moral duty to the...

Abstract This philosophical essay examines the power of language in law and politics. Baxi argues that the "word" (legal text) is often weaponized to mask the harsh "world" of power and suffering. He critiques how terms like "security" and "development" are used to justify the suspension of rights. Baxi urges legal scholars to be "custodians of meaning," ensuring that language serves human dignity rather than state propaganda. He calls for a "jurisprudence of empathy" that looks past formal...

Abstract Baxi explores the "jurisprudence of distress" during the pandemic and periods of political instability. He argues that times of "stress" test the "elasticity of the Constitution." The article critiques the "normalisation of emergency powers" and the suspension of "due process." Baxi highlights the "moral distress" of the legal profession and the judiciary when faced with mass suffering. He calls for a "compassionate constitutionalism" that prioritizes the "emergency of the poor" over the...

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In The Indian Express.

Abstract In this philosophical and legal analysis, Baxi explores the "to be or not to be" of the death penalty. He critiques the "rarest of rare" doctrine, arguing that it remains subjective and inconsistently applied. The article highlights the "agonizing delays" on death row as a form of "double punishment" and torture. Baxi, a known abolitionist, argues that state-sanctioned killing is incompatible with the "right to life" and human dignity. He calls for the judiciary to move toward a more...

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Published in the Human Rights Law Review, Vol. 1 No. 1, Pg 1-10.

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Baxi critically reflects on legal education in India. The essay examines institutional stagnation, reform efforts, and pedagogical challenges, emphasizing the consequences for professional ethics, access to justice, and legal scholarship. Published by Mohan Law House, Delhi.