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STUDENT NAME : DHANUSHREE K.S
STUDENT ID : 20221BBL
PROGRAM : BBA LLB (Hons.) SEMESTER : 04 SECTION : 02 SUBJECT : JURISPRUDENCE COURSE CODE : LAW TOPIC : Impact of appointing retired army officials as an Administrator in higher educational institution from a perspective of positive school of law. COURSE INSTRUCTOR: Prof. HAMZA KHAN DATE : 09/05/
PRESIDENCY UNIVERSITY, BANGALORE
SCHOOL OF LAW
TOPIC: Impact of appointing retired army officials in higher education institution from the perspective of positive school of law SUBMITTED BY: DHANUSHREE.K.S, 20221BBL SECTION 02, SEMESTER 04 BBALLB(Hons.) SCHOOL OF LAW PRESIDENCY UNIVERSITY, BANGALORE 560064 SUBMITTED TO: Prof. HAMZA KHAN SCHOOL OF LAW PRESIDENCY UNIVERSITY, BANGALORE 560064
1. ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to Professor Hamza Khan, who gave me the opportunity to write this article on the topic “ Impact of appointing retired army officials as an administrator in higher education institution from the perspective of positive school of law” which helped in doing a lot of research and I came to know about so many new things. Secondly, I would like to thank my parents and friends who helped me a lot in finalizing this project within the limited time frame.
2. ABSTRACT
This study uses the Positive School of Law to analyse the effects of selecting former army officials to administrative positions in postsecondary education. It looks into the possible advantages of incorporating military leadership into academic settings, highlighting qualities like discipline, strategic decision-making, and a dedication to excellence. Concerns about academic freedom, institutional autonomy, and citizen monitoring are also covered. This research provides insights into the compliance of such appointments with current laws and policies by examining case studies and legal frameworks. Finally, it helps stakeholders and policymakers make well-informed decisions by promoting discussion on the function of military experience in educational administration and how it affects institutional governance.
Bentham brought positivism, sovereignty, command, obligation, and sanction to England. These are the fundamentals of analytical jurisprudence, which John Austin later appropriated. Jeremy Bentham articulated the definition of law as the sovereign's command, a notion he had borrowed from Hobbes. Being a reformer, Bentham firmly believed in the advancement of society. He was a fervent opponent of natural law. He was a supporter of the scientific and reasonable idea of utility. According to his definition, utility is the hedonistic calculus of pleasure and pain, which, like other quantifiable objects, may be used to assess the effectiveness of any rule. In his philosophy of legal and social changes, the doctrine of pleasure and pain attained the greatest position. Bentham's theory is referred to as the Utilitarian School^3. AUSTIN’S ANALYTICAL POSITIVISM Austin’s definition of law : “ Law is the command of sovereign.” This legal theory is often referred to as the imperative theory, command theory, or positive theory of law. According to Austin, the study of jurisprudence should only focus on positive law. "Jurisprudence is the philosophy of positive law," he defined. There are four components to positive law.
- Sovereign: - Law is the sovereign's order directing one or more individuals to follow a certain path of behaviour. A person who is sovereign is one who is so great that no one can stop them from doing their job. He is the ultimate, unstoppable, total, and unbridled power. Some significant and noteworthy aspects of sovereignty are as follows:- a) Illimitability: There is no limit b) Indivisibility: Not divisible c) Inalienability—not transferable d) Essentiality—essential
- Command :-A command is the want or desire that one rational creature has for another rational being, telling them what to do or not to do. In the event of non-compliance, it is an evil to proceed from the former to be incurred by the latter, and it is a declaration or suggestion of will by speech or otherwise. Two types of commands exist: (^3) Dr. N.V., Paranjape Central Law Agency, Studies in Jurisprudence & Legal Theory, 9th Edition 2019, P. 25.
a) General Command: A general command is a law or regulation that requires people to behave in a way that typically begs for the indulgences of a class. Law only applies to broad commands; other commands are not laws. b) Specific Command: -A command is specific if it requires a particular, unique deed.
- Sanction: Sanction is the tool used to impose a task or mandate and is the evil that results from disobeying it. The feeling of punishment is more expansive. One could hardly call the term "sanction" for following the instruction.
- Duty: According to Austin's thesis, fear of punishment serves as the driving force behind following a command, such as the law, therefore duty and command are related. Sanctions, duty, and sovereign command are the main features of positive law^4. Criticism to Austin's Imperative Theory of Law:
- Law comes from more than just sovereign sources.
- States are more recent than laws.
- Omission of customs.
- Judge-made law has no place here.
- Law is not always formulated as an order.
- No command is a law.
- A law is not international law. (^4) Principles of Jurisprudence by Anirudh Prasad, Eastern Book Company, Third Edition, 2004, pg. 80–84.
potential for excessive meddling in academic issues may arise with the appointment of military personnel to administrative positions. In addition, the shared governance culture of academic institutions may collide with the authoritative and hierarchical structure of military organisations, sometimes resulting in disputes over power allocation and decision-making authority. Additionally, there's a chance that militarization of schools may foster a culture of control and monitoring, violating professors, students, and other stakeholders' right to privacy and freedom of speech. Perspectives on Law and Policy A detailed analysis of pertinent legal frameworks and case studies is necessary to determine if appointing former army personnel to administration posts is compliant with current laws and regulations. Legal and ethical standards for assessing the legitimacy of such appointments include equal opportunity statutes, employment rules, and academic freedom principles. To guarantee compliance with broad legal principles, institutional policies concerning accountability, transparency, and governance frameworks must also be carefully examined. In order to assess the possible advantages and disadvantages of bringing military leadership into educational administration, policymakers and stakeholders must also have a thoughtful discussion and deliberation. Through the promotion of a lively conversation based on factual data and intellectual understanding, this study aims to enable decision-makers to make knowledgeable decisions that preserve the honour of educational establishments while utilising the transformational power of military experience.
5. CONCLUSION
In conclusion, there is a complex interaction of benefits and drawbacks when retired army officials are incorporated into administrative positions in higher education. This study has shed light on the complex effects of military leadership on academic governance, utilising the Positive School of Law's approach. It highlights the possibilities for enhancing institutional administration by fostering a disciplined, strategically astute, and military-inspired dedication to excellence. But even as we acknowledge these possible advantages, we also need to be aware of the hazards that come with them to core values like individual liberty, institutional autonomy, and academic freedom. While military hierarchies are good for organisational efficiency, they may be antagonistic to the shared governance and participatory decision-making cultures that are characteristic of academic environments. Furthermore, worries about the possibility of excessive monitoring and limitations on scholarly conversation demand serious thought. A thorough grasp of legal frameworks, policy ramifications, and stakeholder views is essential for navigating this complicated landscape. Policymakers and stakeholders may take advantage of the transformational potential of military leadership in educational administration while minimising possible hazards by having educated conversations and deliberations. With the goal of promoting a more nuanced understanding of how military experience shapes the future path of educational governance, this research aims to add to the continuing conversation. To summarise, the integration of retired army officials presents a range of opportunities and challenges. However, it is crucial to approach this process with discernment and make sure that it aligns with the overarching principles of academic integrity, democratic governance, and individual rights. Educational institutions may leverage the assets of military leadership while preserving the fundamental ideals that support the pursuit of knowledge and research by working together and adhering to a balanced decision-making framework.
