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Sunday, January 4, 2026
Aggressive revival of Monroe Doctrine by #Trump
Saturday, January 3, 2026
Dicey’s Rule of Law vs. Might is Right : #Venezuela Invasion, South China Sea & #Ukraine Conflict
The contrast between the Rule of Law and Might is Right or Thrasymachian Realism represents the fundamental struggle of human civilization: whether we are governed by shared, objective principles or by the raw exercise of power.
A.V. Dicey, a British jurist, popularized the modern concept of the Rule of Law in his 1885 book, Introduction to the Study of the Law of the Constitution.
He argued that the Rule of Law was a fundamental characteristic of the British Constitution, distinguishing it from systems where the government held arbitrary power. He broke this down into three "pillars."
1. The Three Pillars of Dicey’s Theory
Supremacy of Law: No person can be punished or made to suffer in body or goods except for a distinct breach of law, established in the ordinary legal manner before the ordinary courts. This excludes the existence of arbitrariness or wide discretionary authority by the government.
Equality Before the Law: Every person, regardless of rank or condition (including government officials), is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. Dicey famously rejected the French concept of droit administratif (administrative law), where officials were tried in special courts.
Predominance of Legal Spirit: Dicey believed that the "general principles of the constitution" (like the right to personal liberty) are not the result of a formal written code, but rather the result of judicial decisions in private litigation. In short, the constitution is the consequence of the rights of individuals, not their source.
Might is Right: The Law of the Jungle
This philosophy (often called Thrasymachian after the character in Plato’s Republic) argues that "justice" is simply whatever the person in power says it is.
Realism in Geopolitics: In international relations, this often manifests as "Power Politics," where larger nations dictate terms to smaller ones regardless of international treaties.
The "State of Nature": Philosopher Thomas Hobbes described a world of "Might is Right" as a "war of all against all," where life is "solitary, poor, nasty, brutish, and short."
Modern Risk: When legal institutions (courts, police, elections) fail, society often reverts to this state, where wealth or physical force becomes the only currency of safety.
While Dicey’s work is foundational, it has faced significant criticism over the last century as governance has evolved.
Dicey’s formulation was the ultimate intellectual weapon against the "Might is Right" doctrine. By insisting that power must be channeled through regular law and ordinary courts, he ensured that a King or Prime Minister could not simply use their "might" to bypass the rights of a common citizen.
For Dicey, the Rule of Law isn't just about having rules; it's about the absence of arbitrary power and the universal application of those rules to everyone, including the rulers.
The Core Thrasymachian Claim
In Book I of The Republic, Thrasymachus famously interrupts Socrates to declare:
"Justice is nothing other than the advantage of the stronger."
By this, he means that:
Laws are tools: Rulers (whether a tyrant, an aristocracy, or a democracy) make laws that benefit themselves.
Morality is a "scam": What we call "justice" is actually just the weak serving the interests of the powerful.
Injustice is a virtue: He argues that the "perfectly unjust" man (the tyrant) is the happiest because he has the power to ignore rules and satisfy his own desires without consequence.
Thrasymachian" view, it directly contradicts Dicey’s three pillars: Supremacy of Law. Thrasymachian view The Ruler is the source of law; therefore, the Ruler's will is the law.
Equality Before Law.
Thrasymachian view :Equality is an illusion. The law exists to keep the weak in check, while the strong bypass it.
Legal Spirit/Rights : "Rights" are just words used by the powerful to keep the masses obedient.
Socrates dismantled the Thrasymachian view by using the "Analogy of the Crafts":
The Goal of a Craft: A doctor’s "might" (knowledge) is used to benefit the patient (the weak), not the doctor. A captain’s power is used to save the crew.
The Goal of Ruling: Therefore, a "true" ruler (a ruler in the strict sense) must act for the benefit of the subjects, not for their own "advantage."
The Failure of Might: Socrates argued that a society based purely on "Might is Right" would eventually collapse because the people (the "weak") would have no reason to cooperate, and the "strong" would eventually turn on each other.
4. Why the Term is Used Today
Today, calling a political or legal argument "Thrasymachian" is often a critique. It describes a cynical or realist view of power where:
International treaties are seen as "scraps of paper" if they hinder a superpower.
Legal systems are viewed as rigged games designed to protect the wealthy and punish the poor.
The concept of "Truth" is replaced by "Propaganda" (the "might" of the loudest voice).
Building on Thrasymachus, later political "realists" like Niccolò Machiavelli and Thomas Hobbes took his cynical observations and turned them into systematic political theories.
While Thrasymachus mostly used "Might is Right" to annoy Socrates in a debate, these later thinkers used it to explain how the world actually functions and how to prevent total social collapse.
1. Niccolò Machiavelli: The Pragmatic Thrasymachian
In The Prince (1513), Machiavelli argues that a ruler cannot be bound by "Rule of Law" in the way Dicey would later describe. For Machiavelli, power is an art (techne), much like Thrasymachus argued.
Effective Truth: Machiavelli believed we should look at how people actually live, not how they ought to live. Since people are generally "ungrateful, fickle, and deceptive," a ruler must be prepared to be "not good" to maintain order.
The Fox and the Lion: He famously argued that a ruler must have the might of a lion (to scare wolves) and the cunning of a fox (to recognize traps).
Law vs. Force: He acknowledged that there are two ways of fighting: by law and by force. However, since law is often insufficient, one must have recourse to force.
2. Thomas Hobbes: The Logic of the Leviathan
Hobbes took the Thrasymachian "State of Nature" and turned it into a terrifying logical proof for absolute authority in Leviathan (1651).
The War of All Against All: In a natural state where "Might is Right," there is no industry, no culture, and no society. This is the ultimate end-point of Thrasymachus’s philosophy if everyone actually practiced it.
The Social Contract: To escape this horror, people voluntarily surrender their "might" to a single "Leviathan" (the State).
Might Creates Law: For Hobbes, "Covenants, without the sword, are but words." Law only exists because there is a power (Might) strong enough to punish those who break it. Unlike Dicey, Hobbes would argue that the Rule of Law is impossible without an underlying "Might" to back it up.
Today, we often try to merge these ideas. We use Dicey’s Rule of Law as our ideal (the goal), but we acknowledge Hobbes’s point that without a police force and a military (Might), those laws are just "scraps of paper."
The difference is that in a Rule of Law system, the "Might" of the state is chained by the law, whereas in a Thrasymachian system, the law is simply a weapon held by the Might.
In modern International Relations (IR), the Thrasymachian/Hobbesian view is known as Realism. It argues that while the "Rule of Law" works inside a country, the world between countries is a "State of Nature"—an anarchy where there is no global police force to stop the strong from dominating the weak.
Here is how these ancient "Might is Right" ideas manifest in today’s legal and political world:
1. The "Anarchy" Problem
Realists argue that International Law is not "law" in the way A.V. Dicey defined it.
Dicey’s Rule of Law: Requires a court that can punish anyone (even the King).
International Reality: There is no "Global Sovereign." If a superpower (like the U.S., China, or Russia) breaks a treaty, there is no higher power that can physically force them to comply.
Result: In IR, "Might" often determines which laws are followed and which are ignored.
2. The Thrasymachian Veto
The structure of the United Nations Security Council is a modern example of "Might is Right" being baked into the law.
The Privilege of Might: The five permanent members (P5) hold a Veto Power.
The Realist View: This is a Thrasymachian setup. The "stronger" nations created a legal system where the law cannot be used against them, only against the "weaker" nations.
The Argument: Realists (like Hans Morgenthau) would say this is necessary. If you try to force a law on a superpower against its will, you don't get "justice"—you get a World War. Therefore, "Might" must be given a special legal status to keep the peace.
3. "Lawfare": Using Law as a Weapon
Modern Realists often view the Rule of Law as a tool of Lawfare—using legal systems to achieve military or political objectives.
Thrasymachian Echo: Just as Thrasymachus said "Justice is the advantage of the stronger," modern critics argue that powerful nations use "Human Rights" or "International Law" as an excuse to sanction or invade rivals, while ignoring those same laws when their own allies break them.
Example: A powerful state might justify an intervention as "upholding the Rule of Law" (Idealism), while a Realist would argue they are simply using the language of law to mask their "Might" (Realism).
4. Why International Law Still Exists
If "Might is Right" is the reality, why do powerful states bother with laws at all?
Lower Costs: It is cheaper to rule through "Rules" than through constant physical force. Even the "Mightiest" want others to follow the law to keep the world predictable.
Soft Power: A state that is seen as "Law-abiding" gains allies and influence. Pure "Might" creates enemies and resistance (as Socrates predicted).
The Hobbesian Bargain: States follow international law because they fear a return to the "War of All Against All," where even the strong are never truly safe.
To see these theories in action, we can look at two major 21st-century conflicts. These aren't just military battles; they are philosophical wars between Dicey’s Rule of Law and Thrasymachian Realism.
1. The South China Sea: "Lawfare" vs. Facts on the Ground
This is perhaps the clearest modern example of the "Might vs. Law" tension.
The Rule of Law (Philippines): In 2013, the Philippines took China to the Permanent Court of Arbitration (PCA) under the UN Convention on the Law of the Sea (UNCLOS). They argued that China's "Nine-Dash Line" was illegal. In 2016, the court ruled unanimously in favor of the Philippines, stating China had no legal basis for its claims.
The Thrasymachian Response (China): China refused to participate in the hearings and declared the ruling "a piece of scrap paper." Instead of following the law, they used "Might"—building artificial islands and deploying naval "gray zone" tactics to establish dominance.
The Current State: This is a stalemate. The Philippines has the Legal Right, but China has the Physical Might. Smaller nations in the region are now caught in the "Thrasymachian Trap": do they stand by the law (which has no police to enforce it) or "kowtow" to the stronger power to avoid conflict?
2. The Ukraine Conflict: The Death of the "Liberal Order"?
The invasion of Ukraine is often described by political scientists as the ultimate "Realist" moment.
The Realist/Thrasymachian Logic (Russia): Realists like John Mearsheimer argue that Russia viewed NATO expansion as an existential threat to its security. From this perspective, the "Rule of Law" (respecting Ukraine's sovereignty) was less important than the "Might" required to maintain a buffer zone. To a Realist, the law is a luxury that disappears when a Great Power feels its survival is at stake.
The Rule of Law Logic (The West/Ukraine): The international community argued that if a large nation can simply invade a smaller neighbor because it has the "might" to do so, the entire global legal system (the UN Charter) collapses. They applied sanctions and sent weapons to prove that "Might" should not be allowed to rewrite the "Law."
The Hobbesian Element: Ukraine’s decision to give up its nuclear weapons in 1994 (Budapest Memorandum) is often cited by Realists as a tragic mistake. They argue that Ukraine trusted the Rule of Law (treaties), but in a Thrasymachian world, only Might (nuclear weapons) provides true security.
On January 3, 2026, the United States launched a major military operation in Venezuela, resulting in the capture of President Nicolás Maduro and his wife, Cilia Flores. This event has sparked a massive global debate regarding the rule of law, both within U.S. domestic policy and under international legal frameworks.
The following is a breakdown of the legal arguments and the status of the intervention as of early 2026.
1. International Law and Sovereignty
Under international law, the primary concern is the violation of State Sovereignty and the UN Charter.
Article 2(4) of the UN Charter: This prohibits the threat or use of force against the territorial integrity or political independence of any state. Legal experts and UN officials have stated that the U.S. strikes and the abduction of a sitting head of state constitute a "crime of aggression."
The Right to Self-Defense (Article 51): For a military strike to be legal without UN Security Council approval, it must be in self-defense against an "armed attack." Critics argue that because Venezuela was not attacking the U.S., this justification is missing.
Non-Intervention: The principle of non-intervention forbids states from interfering in the internal affairs of others. While the U.S. does not recognize Maduro's 2024 election victory, international law generally does not permit unilateral military force to enact regime change based on election disputes.
2. U.S. Domestic Law and War Powers
The operation has raised significant constitutional questions regarding the balance of power between the President and Congress.
Congressional Authorization: Under the U.S. Constitution, only Congress has the power to declare war. The Trump administration reportedly carried out this operation without seeking a Vote of Authorization for Use of Military Force (AUMF).
Article II Authority: The administration is likely to claim "inherent authority" under Article II to protect U.S. national security interests. However, many lawmakers (including the Congressional Black Caucus and various legal scholars) have labeled the action an "illegal abuse of power."
The "Noriega Precedent": Supporters of the move point to the 1989 invasion of Panama to capture Manuel Noriega. U.S. courts eventually upheld the legality of Noriega's capture despite the violation of Panamanian sovereignty, suggesting that once Maduro is in a U.S. courtroom, the "how" of his arrival may not legally prevent his trial.
3. Justifications vs. Legal Reality
The U.S. government has presented several justifications, though their legal weight is heavily contested.
Maduro had 'multiple opportunities' to avoid this: US Secretary of State Rubio
Secretary of State Rubio says Maduro had 'multiple opportunities' to avoid this.
USS Iwo Jima (LHD-7) transporting captured #Venezuelan President Nicolás Maduro
The USS Iwo Jima (LHD-7) is a large U.S. Navy Wasp-class amphibious assault ship, named for the famous World War II battle, serving as a mobile base for Marines and aircraft like MV-22 Ospreys and F-35B jets, and is currently in the news for transporting captured Venezuelan President Nicolás Maduro. Commissioned in 2001, it's designed as a small aircraft carrier with a massive flight deck, acting as a command center for complex operations, including disaster relief (like Hurricane Katrina) and recent high-profile missions in the Caribbean.
US ready to stage second wave of attack on #Venezuela : #Trump
US ready to stage second 'much larger' attack on Venezuela if needed, says Trump
KKR drops #Bangladeshi left-arm fast-medium bowler form its squad
Another Bengali Hindu killed in #Bangladesh
In Bangladesh Bengali Hindu man Khokan Chandra Das died while undergoing treatment today after being stabbed and set on fire in Shariatpur, Bangladesh.
He passed away today around 8 am at the burn unit of Dhaka Medical College Hospital. Khokan Das was attacked and set on fire on Wednesday (December 31st) night when he was returning home after closing his shop.
Tuesday, December 30, 2025
Value of #cryptocurrency transactions in India crosses ₹51,000 crore
The value of cryptocurrency transactions in India exceeded ₹51,000 crore in 2024-25, according to an analysis of data shared with Parliament, representing a 41% increase over the previous year.
The data, shared by the Ministry of Finance in reply to a question in the Rajya Sabha, shows that the government collected ₹511.8 crore as Tax Deducted at Source (TDS) on crypto transactions in 2024-25. As the rate of Tax Collected at Source (TCS) is 1% on every transaction, this means the value of total transactions that year stood at ₹51,180 crore.
In 2025, crypto in India transitioned from a "speculative fad" to a long-term wealth strategy, with investors holding an average of 5 different tokens compared to just 2 in 2022..
Under the Finance Act 2022, the government had introduced a provision in the Income Tax Act 1961, which has been retained in the Income Tax Act 2025, mandating a 1% TDS on any transfer of Virtual Digital Assets (VDAs) or cryptocurrencies.
Under the Income Tax Act, 1961, Bitcoin is classified as a Virtual Digital Asset (VDA). This classification was formalized through the Finance Act, 2022, which introduced specific sections to govern its taxation.
In the eyes of the Income Tax Act, 1961, Bitcoin is simply one specific type of "Cryptocurrency," and all cryptocurrencies are legally classified under the umbrella term Virtual Digital Assets (VDA).
Whether you are trading Bitcoin (BTC), Ethereum (ETH), or any other altcoin, the tax law makes no distinction between them. They are all treated as the same high-tax asset class.
Here is a breakdown of how Bitcoin is classified and treated under the Act:
1. Legal Classification: Section 2(47A)
The Act defines a "Virtual Digital Asset" under Section 2(47A). Bitcoin falls into this category because it is:
A number, token, or code generated through cryptographic means.
A digital representation of value that can be traded, stored, or transferred electronically.
Not "Indian currency" or "Foreign currency" as defined by law.
2. Tax Category: Section 115BBH
The taxation of Bitcoin is governed by Section 115BBH, which treats it as a special class of asset. Unlike traditional stocks or gold, Bitcoin is subject to a flat tax rate of 30% (plus applicable surcharge and 4% cess) on any income derived from its transfer.
Key features of this asset class:
No Deductions: You cannot claim any expenses or allowances (like brokerage, mining costs, or electricity) except for the Cost of Acquisition (the price you paid to buy it).
No Loss Set-off: If you make a loss on Bitcoin, you cannot set it off against gains from other Bitcoins, stocks, or your salary.
No Carry Forward: Losses from one year cannot be carried forward to future years to reduce tax liability.
3. Classification Based on Usage
While Section 115BBH sets the tax rate, the "head of income" depends on how you hold the Bitcoin.
4. TDS Requirements: Section 194S
To track transactions, the government treats Bitcoin as a "specified asset" subject to 1% TDS (Tax Deducted at Source).
This applies to any transfer of a VDA where the consideration exceeds ₹10,000 (or ₹50,000 for specified persons like individuals not having business income) in a financial year.
The exchange or the buyer is responsible for deducting this 1% and depositing it with the government.
It is important to note that In late 2025, the definition of VDA was further refined to explicitly cover assets relying on "distributed ledger technology" to ensure all emerging crypto-assets are captured under this 30% tax bracket.
In the Finance Act, 2025, the definition of Virtual Digital Assets (VDA) was expanded to explicitly include any asset that relies on "cryptographically secured distributed ledger technology" (DLT).
This move was designed to future-proof the law against new forms of decentralized technology and align India with the OECD's Crypto-Asset Reporting Framework (CARF).
1. What does the "Distributed Ledger" clause cover?
By using this specific technical language in Section 2(47A), the government ensures that even if a new digital asset isn't called a "cryptocurrency" or "NFT," it is still taxable if it:
Uses a decentralized network (like a Blockchain) to validate transactions.
Functions as a digital representation of value.
Uses cryptographic keys to secure ownership.
2. Tax Treatment of DLT-based Assets
Whether your asset is a Bitcoin, a governance token, or a new DeFi-based DLT asset, the rules remain the same.
3. Reporting Requirements (Starting April 2026)
One of the biggest changes in the 2025 Budget is the introduction of Section 285BAA. This mandates that any entity facilitating transactions in assets relying on distributed ledger technology must:
Maintain detailed records of the beneficial owners.
Report all transaction values to the Income Tax Department.
Correct any inaccuracies in filings within a strict timeframe or face heavy penalties.









