The myth of ‘collective conscience’: Revisiting the death penalty in India

Bhaskar, Anurag (2020) The myth of ‘collective conscience’: Revisiting the death penalty in India. Economic and Political Weekly, 55 (15). pp. 30-37. ISSN 129976

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Abstract

India’s legal doctrine of “collective conscience” cannot be traced back to the original concept as propagated by French sociologist Emile Durkheim. The consistency with which this concept has been used by the Indian judiciary while imposing the death sentence, compels us to contemplate how it has been applied. An attempt is made in this article to present the flaws in the concept of collective conscience and in its application in India.

Item Type: Article
Keywords: Death Penalty | Collective Conscience | Criminal Law | Supreme Court
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 03 Jan 2022 05:23
Last Modified: 19 Feb 2022 10:05
Official URL: https://www.epw.in/journal/2020/15/perspectives/my...
URI: https://pure.jgu.edu.in/id/eprint/537

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