Law and Society
Found in 310 Collections and/or Records:
‘The Indian Constitution at the Crossroads’, in Noel O’Sullivan (ed), Aspects of India: Essays on Indian Politics and Culture, 1997
Published by Ajanta Publications, Delhi, pg 369-408.
‘The ‘Just War’ for Profit and Power: The Bhopal Catastrophe and the Principle of Double Effect’, in Lene Bomann-Larsen and Oddny Wiggen (eds.), Responsibility in World Business: Managing Harmful Side-effects of Corporate Activity, 2004
This essay revisits the Bhopal disaster through ethical and legal analysis. Baxi critiques justifications of harm in corporate activity, examining responsibility, profit, and moral reasoning in the context of mass industrial catastrophe. Published by The United Nations University Press, Tokyo, pg 175-201
The Lost Dreamtime: Now Forever Lost. A Critique of the Gove Land Rights Decision, 1972
Presented at the Australasian Universities Law Schools Association Annual Conference, this paper critically analyzes the Gove Land Rights Decision in Australia, examining indigenous land rights and the legal treatment of Aboriginal claims during Baxi's tenure at Sydney Law School.
The New International Economic Order, Basic Needs and Rights: Notes Towards Development of the Right to Development, 1983
In 23 Indian Journal of Int’l L.
The Recovery of Fire: Nehru and Legitimation of Power in India., 1990
This work examines Jawaharlal Nehru’s role in shaping political authority in postcolonial India. Baxi reflects on how leadership, ideology, and constitutionalism contributed to legitimating state power, situating Nehru within broader debates on nationalism, democracy, and governance. Published in the Economic and Political Weekly Vol 25 No. 2, pg 107-12.
The Recusal Dilemma: SCOTUS Harvard and the Shadows of Judicial Bias, 7 June 2025
The article examines debates over judicial recusal at the U.S. Supreme Court as cases involving Harvard University arise while several justices have institutional ties to it. It discusses the “appearance of bias” standard, compares U.S. and Indian approaches to recusal, and argues for clearer institutional rules to protect judicial legitimacy. In India Legal.
“The Right to be Different”, 7 April 2022
In The Indian Express.
The Rights of Subordinated Peoples, 1994
Published by Oxford University Press, New Delhi.
The Rule of Law in India, 2007
This article examines the rule of law in India by tracing its constitutional foundations and institutional practices. Baxi reflects on how legality operates amid inequality, political power, and administrative discretion, emphasizing tensions between normative ideals and social realities. Published in the International Journal of Human Rights Vol. 6 No. 4, pg 7-25.
‘The Rule of Law in India: Theory and Practice’ in Randall Peerenboom (ed), Asian Discourses on Rule of law: Theory and Implementation of Rule of Law in Twelve Asian Countries, France and the United States, 2004
Baxi examines the rule of law in India by contrasting normative theory with institutional practice. He reflects on constitutionalism, governance, and inequality, highlighting gaps between formal commitment to rule of law and lived legal experience. Published by Curzon, London, pg 318-339.