BEYOND POSITIVISM: LIMITS OF WESTERN JURISPRUDENCE AND THE INDIAN KNOWLEDGE SYSTEM AS AN ALTERNATIVE
AUTHOR – DR. NAMRATA TIWARI, ASSISTANT PROFESSOR AT CAREER COLLEGE OF LAW, BHOPAL
BEST CITATION – DR. NAMRATA TIWARI, BEYOND POSITIVISM: LIMITS OF WESTERN JURISPRUDENCE AND THE INDIAN KNOWLEDGE SYSTEM AS AN ALTERNATIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 159-165, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BYSE6892
Abstract
Western jurisprudence, which has had a serious impact on contemporary legal systems, is based on Enlightenment reasonableness, legal positivism, and the liberal tradition of individual rights. This system has enriched constitutional governance, human rights, and the rule of law, but its shortcomings appear when applied outside its cultural and philosophical roots. Its rigid isolation of law from morality, focus on individual rights at the expense of collective obligations, and mechanistic comprehension of justice tends to render it unsuitable for societies such as India, where law has long been inextricably linked with moral, religious, and communal aspects. This paper critically discusses these limitations of Western jurisprudence, observing that its pretenses of universality commonly involve a cover-up for cultural blindness by disregarding diverse epistemological traditions. Conversely, the Indian knowledge system (IKS) offers a rich jurisprudential option, rooted in texts and traditions like the Vedas, Dharmashastras, Arthashastra, Buddhist and Jain philosophies, and indigenous customary practices. Underlying it is dharma, which combines law, morality, and cosmic order, providing a more integrated vision of justice. In contrast with the positivist command-and-sanctions model, dharma calls attention to duty, ethical accountability, and balance between the individual, society, and nature. The pragmatic principles of governance in Kautilya’s Arthashastra, the environmental and empathetic ethos of Buddhist and Jain philosophy, and the reconciling practices of indigenous peoples collectively offer models of justice beyond abstract, confrontational models of Western law. This research contends that there is a need to work towards a plural jurisprudence that synthesizes the merits of Western right doctrines with Indian practices of duties, reconciliation, and integral order. This is not only a means of overcoming the cultural deficit of Western jurisprudence but also gives access to greater understanding for coping with urgent contemporary issues such as ecological disasters, social disintegration, and the quest for restorative justice.
Keywords: Western Jurisprudence, Indian Knowledge System, Dharma, Positivism, Duties, Alternative Jurisprudence