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VOL. 11, ISSUE 8 (2025)
Etymology of conscience and the birth of law: A moral perspective
Authors
Krishan Prakash
Abstract
The present paper analyses the etymology
behind the birth of conscience and how it is a predicate for the Law. The
relationship between the Conscience and law forms a fundamental and often a
curious, inquisitive area of inquiry in jurisprudential philosophy. While law
represents a uniform, formal codification of rules mandated by sovereign,
consciences embody the inner will of the sovereign. The present paper also
explores the complex interplay between these two metaphysical concepts; the
paper also considers the psychological underpinnings of conscience and
evaluates how the personal conscience can conflict with public law. The paper
unravels the inquiry of how an act regarded as ‘act of service’ is considered a
‘sin’ now or how the common consciousness collectively with religious and
customary influences is responsible for the legislation of law and the concept
of law aligning with the symbiotic relation between the conscience is dictated
along with its consequences. The present paper also explores the how the role
of principles of justice, equity and good conscience is still relevant and
prevalent over the Indian legal system, whether in constitution or judicial
precedents. Landmark cases like ‘KS Puttaswamy vs Union of India’
[1] or the recent ‘Ram Charan vs Sukhram Supreme [2]’
have given precedence to individual conscience, while also limiting the limits
of conscience while also acknowledging how distorted beliefs can be a grave
loss. Ultimately the paper argues for triumph of righteousness for a balanced
legal ecosystem that neither ignores or supress the conscience nor permits its
‘un-adjudicated’ rules. By the conscience as a predicate, the pillars of the
law could dig deeper in depth and soar higher in the sky strong.
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Pages:72-78
How to cite this article:
Krishan Prakash "Etymology of conscience and the birth of law: A moral perspective". International Journal of Law, Vol 11, Issue 8, 2025, Pages 72-78
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