LIJDLR

Volume III Issue III

JUDICIAL PRECEDENTS AND THE ONTOLOGY OF LAW

Volume III Issue III /

JUDICIAL PRECEDENTS AND THE ONTOLOGY OF LAW Emmanuel Iniobong Archibong, Ph.D., Department of Philosophy, University of Uyo, Uyo, Nigeria Gloria Oluchukwu Igalawuye, Department of Law, School of Law and Security Studies, Babcock University, Ilishan Remo, Nigeria Bar. Emmanuel Ekwuoba Emeka, University of Fribourg, Fribourg Switzerland, Department of Int’l Business Law (IBL) Barr. Abel Okafor-Nduka, Private Legal Practitioner and Independent Researcher, Nigeria Download Manuscript doi.org/10.70183/lijdlr.2025.v03.84 The doctrine of judicial precedent occupies a central place in legal systems based on consistency, continuity, and structured legal reasoning. However, the ontological status of precedent, which translate to “what kind of legal being it constitutes or projects” remains under-theorised. This study examined judicial precedent not simply as a doctrine of rule-following, but as an ontological construct that shapes the “being and evolution” of law. Drawing on Hans-Georg Gadamer’s legal hermeneutics, the study employs a philosophical-interpretive framework to analyse how precedents bring law into “being” and how their authority transforms across historical and normative contexts. The analysis revealed that precedent is not a neutral repository of legal knowledge but an interpretive ritual that both stabilises and reshaped law’s ontological footprint. Through a hermeneutic reading of jurisprudential texts and selective case illustrations, the study identified a dialectic between precedent’s formal binding force and its capacity for normative reconstruction. The findings challenged the view that precedent is not merely constraining but constitutive, reflective of and generative of law’s identity. This study offered a reconceptualization of precedent as a site of ontological performance, contributing to legal theory by shifting focus from doctrinal continuity to interpretive and philosophical responsibility.

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MENSTRUAL HEALTH UNDER THE EXPANSIVE CANOPY OF RIGHTS: A CRITICAL LEGAL APPRAISAL OF THE INDIAN FRAMEWORK

Volume III Issue III /

MENSTRUAL HEALTH UNDER THE EXPANSIVE CANOPY OF RIGHTS: A CRITICAL LEGAL APPRAISAL OF THE INDIAN FRAMEWORK Kritanjali Purkayastha, LL.M (Human Rights Law) (Postgraduate) Department of Law, Tezpur University, India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.83 Health is a fundamental human right essential for human dignity and survival, impacting an individual’s ability to live a meaningful life. Among the various dimensions of health, menstrual health, a critical aspect of reproductive health, has historically been stigmatized and neglected in public discourse due to cultural taboos and social norms. As awareness around health rights grows, the recognition of menstrual health as a fundamental human right has become more pressing. The International Covenant on Economic, Social and Cultural Rights, Universal Declaration on Human Rights, and other international instruments explore the significance of menstruation, analyzing how it is intertwined with the broader human rights framework, particularly the right to health. Through case laws such as “CESC Ltd. v. Subhash Chandra Bose” and “Consumer Education and Research Centre v. Union of India”, the Indian judiciary has expanded the interpretation of the right to life to encompass health, including the right to medical care and a dignified life. Despite the increased awareness, there are still a lot of gaps in the laws and policies about menstrual health in India and around the world. This research also looks at issues affecting menstrual health rights, new legislative initiatives, and other relevant topics. It draws attention to the ways that systematic neglect is exacerbated by a lack of awareness, period poverty, inadequate infrastructure, and an unclear legal framework. This research highlights the pressing need for legal clarity, judicial recognition, and efficient policy execution by placing menstrual health within the larger human rights discourse. Ultimately, this paper advocates for a rights-based approach to menstrual health, which not only addresses the medical aspects but also integrates cultural, economic, and social dimensions to combat stigma, ensure equality, and protect dignity for all menstruators.

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RE-EVALUATING THE PRINCIPLE OF UTMOST GOOD FAITH IN INDIAN INSURANCE LAW: A CASE FOR LEGISLATIVE REFORM

Volume III Issue III /

RE-EVALUATING THE PRINCIPLE OF UTMOST GOOD FAITH IN INDIAN INSURANCE LAW: A CASE FOR LEGISLATIVE REFORM Adv. Lakshya Kaushish, LL.M. in Corporate & Finance (2025-26), 1st Trimester, Student at OP Jindal Global University, Sonipat, Haryana, India Adv. Plabanee Patnaik, Legal Manager at Aditya Birla Capital, Mumbai, Maharashtra, India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.82 Indian insurance law is based on the legal principle of uberrimae fidei, which means “utmost good faith.” This principle was created to fix the problem of information asymmetry between the insurer and the insured. In today’s market, though, powerful insurance companies are using this doctrine more and more to deny claims based on technical non-disclosures. This creates a big power imbalance that goes against the main social goal of insurance, which is to be a safety net, and it leaves policyholders who are already vulnerable unfairly exposed. This raises important questions about consumer protection and fairness in contracts. This article critically analyses the Insurance Act of 1938, its related regulations, and the development of Supreme Court case law through a doctrinal legal framework enhanced by socio-legal and constitutional viewpoints, to assess the doctrine’s practical implications. The analysis indicates a discernible judicial trend aimed at alleviating the severity of uberrimae fidei, as the Supreme Court increasingly incorporates principles of proportionality and fairness. Even with these improvements, policyholders are still not well protected because the rules are too broad, and the enforcement is too weak. The results show that just changing the way the courts work is not enough. This article advocates for a thorough legislative reform, suggesting particular modifications to the Insurance Act of 1938 to substitute uberrimae fidei with a legal ‘duty of fair presentation’ and to establish a framework for proportional remedies. These kinds of changes would make fairness and justice a part of the system, making sure that the law helps people instead of making their lives harder.

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