Showing posts with label State and Scholarship. Show all posts
Showing posts with label State and Scholarship. Show all posts

Thursday, 17 May 2018

Baffling Structure of Academia: A case against Certificatory Sovereignty

Life was vibrantly alive when we as the human animal had less tendency to ponder upon structure or institutions but to run after "bio-energy", like a "noble savage" (Rousseau, A discourse upon the origin of inequality) used to travel after many a uncertain truths, without thinking about velocity, mass, or gravitation. Life was difficult and, of course every difficult thing was life. It was a brave new world, conceptualized through the classical European philosophical tradition which converted "Human" into Citizen, if I may add further, "Human Resources". Then the epistemological convergence of "Nature", which was conceptualized in Oriental tradition as sacred; an organic life, into "natural resources" (Aqeel Bilgrami, Secularism, Identity, and Disenchantment), that was a strategic move to master, not only nature as the natural resources, but to fellow humans as the object to be exploited. This convergence was the degradation of Life, from ferociousness to mastery or expertise (Rousseau, The First Discourse), whereby "others" lost the very subjectivity, the voice, and was reduced into mere subalternatity (Antonio Gramci, Prison Notebook).

Slavery was the outcome of this way of thinking, similarly bureaucracy was encouraged, to sustain and to maintain various hegemonic structures, encompassing Feudalism, Capitalism, and Neo-Liberalism. Life was moving into no direction, but trapped in  "State of indistiction between hope and despair" (Georgio Agamben, Homo Sacer). However, certifications flourished everywhere to certify all the academic and moral intellects, even though, apparently missing or visible at first reading (by love or suspicion). Life in a modern society is "bare life" (Georgio Agamben, Homo Sacer) without ornamental certificatory Sovereignty. Academic Structure is proudly staring at everyone whoever is asking for its accessibility. After all certificates are here to be materialized and life is here to be realized.

Posted by: Mrityunjay Kumar Singh
Research Scholar, Faculty of Law, University of Delhi.

Monday, 25 September 2017

LATHICHARGE CULTURE IN A POST MODERN INDIA ; A CONSERVATIVE DISPLACEMENT FROM CITIZENSHIP TO SUBJECT

Lathicharge culture has its origin from British, nay brutish colon (See, Shashi Tharoor, An Era of Darkness), a culture nurtured for the sake of oppression and terrorization, to divide and rule. Violence, as a means behoves to those pre-civilizational era where law and language had no role to play, in fact, 'might' was the sole instrument for the survival amidst conflict ridden state of nature. Very essence of modern day civilization lies in politics of right, politics of justice, and politics of good governance, but unfortunately politics of violence and counter-violence has become a norm of the day in public space. In Greek civilization, division between Oikos and Polis (private and public space) was meant to ensure a public space,  governed by freedom of speech and persuasion in solving various conflicting interests, however a private space was preserved where slaves, and animals were subjugated by violence. Public space ensured  public participation and voluntary exercise of freedom of choices for common welfare. To the contrary, in modern day civilization, private and public space has almost obliterated; consequently, Gandhian method, i.e., Civil obedience is being frequently used to coerce authorities for unethical demands, at the same time, administrators behave like a divine king, ready to inflict injury if someone has a louder voice to raise; most of the people are abusive towards foreign ideas; the large majorities are guided by reflective judgments over determinant judgments (See, Kant, Critique of Judgment), looking every case in perspective of urge and disgust; a bureaucratic culture, inherited from Englishmen, has destroyed a sense of community we Indians had in ancient India (See, Gandhi, Hind Swaraj). It was an era of expropriation (See, Weber's inquiry on Indian Society, See also, Marc Galanter, The Displacement of Traditional Law in Modern India) of fraternal spirit Indians were known for; unfortunately, modern day politics in India is more or less replica of formalisation, rationalisation, and bureaucratization (See, R M Unger, Law in Modern Society) what Englishmen invented in the leaderships of Hobbes, Bentham, Austin, and of course, Macaulay.
BHU administration has done exactly what is being carried on by most of the authorities, in modern India. Why to blame a few political parties; this shame is on us; when will we (Government, or citizens) behave like a mature democracy where freedom of speech is invaluable and nonnegotiable over instinctive and prejudiced violence? Stop abusive cultures and behave like a civilized being, otherwise no flight on Moon or Mars will escape you from commonly observed animal fate (Might is right)!

Posted by Mrityunjay Kumar Singh
Assistant Professor, University of Delhi

Mentality of Law: Legal Research Paradigms-Conclusions

Mentality of Law: Legal Research Paradigms-Conclusions It is the common belief, agreeably, that no research is complete. T...