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Article Vol. 3 No. 4 (2020) PP. 1271 - 1275

Disparate Standpoints to Law: Analysing Views of Aristotle and Nietzsche

Lead author · Corresponding
Sagaarika Singh
MA in Law, Politics & Society (Final Year) from Ambedkar University,India
Co-author
Tusha Singh
PhD in Law from Faculty of Law, Delhi University, India
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Abstract

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.

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International Journal of Law Management and Humanities, Volume 3, Issue 4, Page 1271 - 1275
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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