Disparate Standpoints to Law: Analysing Views of Aristotle and Nietzsche

Sagaarika Singh
MA in Law, Politics & Society (Final Year) from Ambedkar University, India
Tusha Singh
PhD in Law from Faculty of Law, Delhi University, India

Volume III, Issue IV, 2020

This paper talks about how unique perspectives have arisen over time with respect to law in our society. Aristotle’s view on Rule of Law is being discussed where people are taken the constant with congruency of laws revolving around them, rather than laws being constant with people satisfaction and adaptability to the same surrounding around the law. On the other hand, a concept closely related to Rule of Law is the practice of sanction in our society, which is studied in this paper. Although, it’s the Austinian concept when it comes to sanction or punishments, Nietzsche takes a unique position when it comes to the same. Through the thinker’s viewpoint, the researchers aim to dwell on the premise of punishments existing in the society. It brings the innate nature of human beings being connected to the theories and justifications of punishments being meted against the crimes that take place in the society. This brings us closer to the aspect that Rule of Law which is closely related to practice of law in a justified and fair manner in the society, the inert essence of punishment is contrary to the very nature of the same. Researchers aim to study both separately in order to bring analysis of the viewpoints in focus. Recognition of these aspects is the just and correct manner in which such discourse can be effectively started. With the aim of initiation of something grander in the scheme of literature and academic writing, this paper brings about closely knit aspects to law from different perspectives. The genius of the past would also foreshadow the consequence and results of the present system in place.