Fundamentals of jurisprudence

The idea of undertaking the work on Fundamentals of Juris prudence-The Indian Approach rooted in the mind of the author at Karnatak University, Dharwad which had organised the All India Workshop on Jurisprudence sponsored by the U. G. C. in June 1979. The theme and thrust of the Workshop had laid great emphasis on the need of indigenous orientation of Indian legal theory which truly inform and reflect the ethos and spirit of India's ancient legal heritage and contemporary goals, values and needs enshrined in the Constitution.

Hitherto the Indian legal scholars excelled and vied in following and mechanically applying the principles of English Jurisprudence with all its status quo-oriented and anti-people slant on Indian soil. Blackstone, Bentham, Austin, Salmond, etc. were the last word of their juristic scholarship and refulgence on Indian jurisprudence which was a carbon copy of English jurisprudence. English educated Indians aping western mores and morals had been anathe matic to every thing that was Indian, be its law, language or culture. Accordingly, the obscession of English jural ideals was so great among Indian legal faternity that it did not bother to look back or around to find out its own indigenous traditional values, ideals and aspirations. The study of legal theory in India till today is merely a pedantic exercise. Indian law whether substantive or processual designed by our colonial rulers acted as a brake in the way of social change and economic justice. Therefore, in free India especially there is an imperative need of reorienting Indian legal values and ideals according to the genesis and needs of our society.