Relevance of Duties in the Contemporary World: With Special Emphasis on Gandhian Thought

ISBN-13: 9789811918353 / Angielski / Twarda / 2023 / 389 str.

Raman Mittal; Kshitij Kumar Singh

Opis

This book reflects on the significance of duties in creating an egalitarian society by collating and contextualizing the relevant literature. It particularly focuses on an appreciation of Gandhi’s views on duty to showcase how they remain pertinent to create a cohesive, responsible and value-based society in the present right-dominated world. A viable solution to the current real world problems could be found in exploring the philosophy on duties and the book provides relevant literature in this regard. It undertakes jurisprudential analysis of duty in a rights-dominated world, identifying the gaps in realising the potential of duty to address the critical issues of the present times. It argues that enforcement of rights depends heavily on the observance of duties and proposes coherence in right-duty relationship. Gandhian thought on duty recognises duty as a precursor to rights and emphasises that the observance of duties guarantees the enforcement of rights. The relevance of duties and Gandhian thoughts on the same is not restricted to India but transcends borders with profound appeal. Gandhian thoughts have become even more relevant in the current times to examine the situation of COVID-19 pandemic, racial discrimination (BLM), environmental crises, digital divide, health care and medical care crises, refugee and migrant labour problems and it can offer promising solutions based on the nuances of social solidarity, self realisation of duties/responsibilities, local governance, compassion and humanity.

Spis treści

Part A: Jurisprudential Aspect of Duties

 

Chapters

 

1.       Relevance of Duty through the Lens of Gandhi and East-West Jurisprudence (in progress)

2.       The Idea of Justice in Gandhian Philosophy

3.       Individual and Community Interests: A Critical Analysis with the help of Gandhian Philosophy

4.       Duties-The Building Blocks of Rights

5.       Securing Rights by Following Duties: A Substantial Conceptualization

6.       Community Interest v. Individuality

7.       Locating Gandhi’s idea of ‘real rights as a result of performance of duty’ in legal jurisprudence

 

Part B: Relevance of Duties in the Contemporary World

 

 

Chapters

 

1.       The Individual as a Supreme Consideration: An Analysis of the Gandhian Philosophy on Duty and the Right to Privacy

2.       Tracing Duties in a Right-Based World

3.       Relook into The Gandhian Insights of Sustainable Development: Recalling the Need for Transformation in the Culture of Developmental Strategies

4.       Immortality of the Vision: How Gandhi can Guide the Future of India’s Refugee Policy

5.       Liberal Individualism and Public Health: Case Study of Coronavirus Pandemic in Gandhian Duties’ context

6.       A Pandemic, Racial Tensions and Civil Unrest, and Democracy in Turmoil: Rights v. Duties in 2020 America

7.       Social Entrepreneurship and Mahatma: A Study from Socio-economic Perspective

 

Part C: Duties under the Indian Constitution

 

1.       Gandhi’s Experiment with Duties & their Relevance in Modern India

2.       Gandhi and Duties in the Context of Education

3.       The Need of Fundamental Duties and their enforceability in Modern India

4.       Jurisprudential Aspect of Duty, Fundamental Duties and Gandhian Philosophy

5.       Facilitating the convergence of DPSPs and Fundamental Duties through the Gandhian Interpretation of 'Dharma”

6.       Secularism and Secularisation of the State: Decoding Gandhian Philosophy in Contemporary India

7.       Relevance of Gandhian Philosophy in Reformation of Prisoners

8.       The Principle of Restorative Justice Towards the Strengthening of Crime Prevention as viewed from the pragmatic Gandhian lens

9.       Mahatma Gandhi; Duty & Enlightened Anarchy in Constitutional Governance

10.   Gandhian Philosophy and Duty of an Individual to Protect Environment

 

Part D: Relevance of Duties in Knowledge Economy: A special case of Intellectual Property Duties/Obligations and Responsibilities

 

Chapters

 

1.       Make without Take: Geeta and IPR

2.       Intellectual Property Duties: Exhumation, Exploration and Examination (in progress)

3.       Indian Intellectual Property and Gandhian Philosophy (in progress)

4.       Patent and the Pandemic: Exploring Duties and Obligations through the lens of Gandhi (in progress)

O autorze

Raman Mittal is a Professor at Campus Law Centre, Faculty of Law, University of Delhi. He holds LL.M. and Ph.D. from Panjab University, Chandigarh together with M.S.S. from International Space University, France. His research interests include Intellectual Property, Contract and International Laws. He has published extensively in national and international journals and has also authored many books. Prof. Mittal has visited various national and international legal institutions in the capacity of visiting faculty; the prominent being University of Oxford, Max Planck Institute of Intellectual Property and Competition Law, Munich and University of Washington, Seattle. Prof. Mittal has advised the Ministry of Human Resource Development, Government of India in treaty negotiations and has been a member of the Drafting Committee that was tasked with the drafting of Copyright Rules, 2013.

Kshitij Kumar Singh is an Assistant Professor at Campus Law Centre, Faculty of Law, University of Delhi. He earned his LL.M. and PhD degrees from Banaras Hindu University and received Canadian Commonwealth Scholarship Asia-Pacific 2010. As a Visiting Researcher, he visited the Faculty of Law, University of Western Ontario, Canada, in 2009 and 2010. His primary area of interest is the intersection of law and biotechnology, particularly ethical, legal and policy issues relating to biomedical technology. He published his first book, "Biotechnology and Intellectual Property Rights: Legal and Social Implications", with Springer in 2015, followed by the book as an editor and author, “Policy Issues in GM Crops: A Global Perspective”, with Academic Press, Elsevier (2020). Currently, he is working on a book project, “Legal and Policy Framework of Precision Medicine”, with Prof. Shubha Ghosh, Syracuse University College of Law, New York. He has also published numerous articles, reviews and book chapters on various aspects of intellectual property law and biotechnology law with esteemed publishers including Oxford, Edward Elgar, Cambridge, Elsevier and Springer Nature.

He has been invited as a resource person and speaker in national and international workshops, conferences, seminars and government consultative groups (notably, University of Utah, Texas A&M University, Indian Patent Office, RGNIIPM, ONGC, RIS, DIPP & DPIIT, Ministry of Commerce & Industry). On 18th December 2021, he was conferred with the "International Teaching Excellence Award 2021 in Intellectual Property Law" by the Center for Professional Advancement (A Unit of IMRF registered with Govt. of India NITI Aayog). Recently he has been invited as the Visiting Researcher by the Centre for Advanced Studies of Biomedical Innovation Law (CeBIL), University of Copenhagen, Denmark (The visit is funded by the Novo Nordisk Foundation).