Abstract
The present paper undertakes an analysis of the role value judgments have played and continue to do in our legal system. For this, the article first is a survey of the concept of "value judgments" and therefore, deals with the theoretical understanding of values and their applications through the course of the development of the law. The attendant issues of subjectivity and the positivist outlook on the same is discussed in the same manner, a survey of the development of perspectives with time. The different approaches taken by jurists such as Dworkin have been discussed. The author then studies the take of the Indian Supreme Court and International Law on value judgments and the role they play in formulating law. The author concludes that value judgments may be attuned to the changing requirements of a legal system provided they are reached in a sound manner. This would be a happy arrangement, unless the value judgment which is deemed to be needed is not amenable to change as a part of its nature. However, the author's point, that criticism of value judgments without the context being studied is vague, is undoubtedly taken well.
Recommended Citation
Matthew, Meera
(2012)
"Relevance of Value Judgment in Law,"
National Law School of India Review: Vol. 24:
Iss.
1, Article 18.
Available at:
https://repository.nls.ac.in/nlsir/vol24/iss1/18
