Question

why is it important to research sites, case studies, and the history behind the legal decisions that have been acted upon?.

Answer 1

The laws and its applications are a complex set of processes of decision making to come to a decision and thus act upon it. The practicality or the law pertaining aspects are important to be kept in mind by the judge while taking such a decision. There are many examples of various democratic nations that have taken a decision which can be sited or are in case studies or history of the judiciary of other nation that can be pointed to while deciding for a unique case. Further, this research and citing of such examples also help the judiciary to accomplish the needful solution of decision with a clue from the past and which has given such an impact that is positive for the society. The recent case of Patent rights as filed by the American Pharmaceuticals in the Indian Supreme Court to ban Indian made medicines based on patent rights in 2016. However, the Supreme court of India nullified the US Pharma claims as to the history of law and the ethics say that medicine is an essential need for human life and wellbeing which has to be seen above profit lines and thus the low-cost medicine is of good help for the people at large who can’t afford the high priced US drugs. Hence the claim cites the ethics of doing business, the ethics of medicine and social needs of it from the Indian constitution to give the judgment which was enacted to keep the Indian pharma industry to stay and produce the life-saving medicines for a huge number of people globally for social benefits over profits.

Hence, the knowledge of ethics, social benefits, and the constitutional provisions made the judge take a judgment in such a complex case of the patent on one side while social benefits on others.