The Anatomy Of Recursion In Legal Discourse: Philosophical Foundations And Jurisprudential Practice

Abstract

In the complex and layered architecture of legal reasoning, clarity does not always emerge from simplicity—but from the disciplined complexity of structured self-reference. This paper examines the recursive structures in Indian Jurisprudence, presenting them as technical and intangible concepts and as basic structures that preserve the consistency, depth, and integrity within legal interpretation. The study reveals how legal definitions often refer back to themselves, drawing from statutory texts, constitutional clauses, and landmark judgments—either through nested legislative frameworks or evolving judicial doctrines—mirroring the recursive logic found in philosophical and computational models. The inquiry further establishes a comparative jurisprudential dialogue between ancient Indian epistemological systems and modern legal hermeneutics. It examines how Indic philosophical frameworks—Mīmāṃsā’s Anvitābhidhāna, Nyāya-Tarka’s Anumāna Anuvṛtti, Vaiśeṣika’s Dravya–Guṇa–Sambandha, and Anvīkṣikī’s Savṛttika—share striking conceptual affinities with legal doctrines such as Ejusdem Generis, Noscitur a Sociis, Expressio Unius Est Exclusio Alterius, and the Mischief Rule respectively. These parallels are not merely academic—they reveal a shared intellectual investment in context, coherence, and layered meaning-making. Through close reading of constitutional provisions like Articles 12, 13, and 19 and judicial decisions from Kesavananda Bharati to Ajay Hasia, the paper demonstrates how recursion serves as a structural necessity and a hermeneutic strength in Indian law. Far from being circular or convoluted, recursive reasoning—anchored in base doctrines and principles—allows legal interpretation to evolve while remaining tethered to foundational norms. In the era witnessing an increasing legal complexity, this work invites jurists, scholars, and philosophers alike to view recursion not as a technicality to be scared of but as a rhythm to be understood—a recursive rhythm embedded in law that sustains the coherence and continuity of legal prescriptions across time and tradition.