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Author: search.filters.author.Gaurav Gupta, Swati Joshi

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    Breaking The Scales: Critical Legal Theory Through Time
    (Paarth Publications, 2025) Gaurav Gupta, Swati Joshi
    The present chapter Breaking the Scales: Critical Legal Theory Through Time explores the evolution of Critical Legal Theory (CLT) and its ongoing in luence on contemporary legal thought. From its roots in the 1970s, CLT challenged the traditional perceptions of law as neutral and objective, arguing instead that legal structures are intrinsically shaped by power dynamics, social hierarchies, and historical context. This chapter traces CLT's development, highlighting key theoretical contributions from scholars such as Roberto Unger, Duncan Kennedy, and Karl Marx, whose critiques focused on the intersection of law, class, and society. Additionally, it examines CLT's engagement with issues of race, gender, and colonialism, offering an interdisciplinary approach that critiques the law's role in maintaining social injustice. By situating CLT within the broader historical trajectory of legal thought, this chapter demonstrates how it has fostered a deeper understanding of the law as a tool of social control, capable of both perpetuating and challenging existing power structures. The chapter also addresses the limitations and future prospects of CLT, exploring its continued relevance in a world increasingly shaped by globalization and technological innovation. Through real-world case studies and judicial opinions, the chapter underscores the importance of CLT in interrogating the ways in which law interacts with evolving societal norms and values.
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    WHEN CARE HARMS: RETHINKING MEDICAL MALPRACTICE, RIGHTS & REFORM
    (Nitya Publications, Bhopal MP India, 2025) Gaurav Gupta, Swati Joshi
    Medical negligence poses an ongoing issue at the nexus of law, ethics, and healthcare policy. This chapter embarks on critical appraisal of medical negligence from a legal and comparative perspective, examining how modern jurisprudence protects patient rights and enhances accountability in medical practice. Based on doctrinal, legislative, and case law materials, it analyzes core legal principles—duty of care, informed consent, and vicarious liability—considering alternative legal frameworks in courts of the United States, United Kingdom, India, and Australia. The research also questions systemic hurdles in malpractice claims, such as access to justice, expert evidence, and judicial delays, as well as new challenges arising from digital medicine and telemedicine. Real-life case studies, up-to-date news developments, and statistical information are woven in to enrich the analysis. Lastly, it provides evidence-based policy reform recommendations as well as strengthened patient protection, making a case for an equitable legal architecture that promotes both medical professionalism and patient autonomy.
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    Children, Conflict, and Compliance: The Law’s Failing Frontlines
    (The Lawgical Junction and MJS Publishing House, 2025) Gaurav Gupta, Swati Joshi
    The world is still struggling with the issue of children being involved in armed conflict which greatly harms them. The Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) which was ratified in 2000, is an important step toward fighting this crime against children. The chapter discusses the terms of OPAC, especially those that make it illegal for anyone under 18 to take part in fighting and give countries an obligation to protect children from conflict. Even though these agreements are approved by every country, it is still difficult to enforce them, because of problems with non-state armed groups recruiting children, a lack of good oversight and missing reintegration support for former child soldiers. Using case studies and the law, the chapter highlights the difference between what the law calls for and what happens in practice and suggests making enforcement stronger. Also, it explains that helping children affected by war requires efforts to resolve poverty, lack of education and unstable political forces. There is a call for countries to cooperate more and work harder to protect children affected by war using broad laws and policies. Despite being a breakthrough in child protection law, the OPAC must be backed up by continuous international effort to see its promises come to life.