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Sources OF LAW --

When it comes to legal sources, we must rely on Manu. The whole Veda i...
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Ancient India (HSB654)

254 Documents
Students shared 254 documents in this course
Academic year: 2021/2022
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Aligarh Muslim University

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SOURCES OF LAW

When it comes to legal sources, we must rely on Manu. The whole Veda is the source of Dharma, followed by the traditions (smriti) and the tradition and practise of those who know it (the Veda), holy men's customs, and finally self-satisfaction, according to Manu. (II). We now have three recognised sources of Dharma, namely srauta (derived from the srutis, that is Veda), smarta (derived from the smritis, that is Dharmasastra), and sadachara (derived from the smritis, that is Dharmasastra) ( the usages of virtuous men who know the Vedas). The four legs of law, according to Kautilya, are Dharma (sacred law), Vyavahara (contract), Charitra (custom), and Rajasasana (royal decree), with the latter superseding the former ( dharmas-cha vyavaharas-cha charitram rajasasanam vivadarthas-chatuspadah paschimah purva-badhakah). As a result, the king becomes the highest authority in terms of enacting legislation. Narada's four sources of law (I) are almost a recitation of Kautilya's. Brihaspati's explanations clarify Kautilya's and Narada's statements. It is said to be Dharma, according to him (I-21, IX-7), when a decision is based on the defendant's oath admission. A vyavahara is a decision made solely on the basis of sastra, evidence, or arguments. A decision is said to be charitra if it is based on inference, corporate usages, or customs. It is known as rajajna when a king decides a disputed case in a way that is neither contrary to sastra nor contrary to the opinion of the sabhyas, and this order overrides local customs and traditions. It is important to note that vyavahara, which included documentary evidence, cannot be considered a legal source. When it came to transactions like sales and mortgages, deeds had to be drawn in accordance with sastra rules, local customs, or both. Srauta, smarta, and sadachara were the three main sources of law.

Litigation can cover a wide range of topics. Manu gives us a list of eighteen legal titles (vyavahara pada), which Yajnavalkya, Narada, and Brihaspati all agree on in some way. These are the following:

  1. Debt non-payment
  2. Deposit and pledge 3) Sale without ownership 4) Partner concerns 5) Gifts resumed
  3. Failure to pay wages
  4. Non-compliance with agreements
  5. Cancellation of the sale and purchase
  6. Conflicts between the cattle owner and his servants
  7. Controversies over boundaries
  8. Assault
  9. Defamation Theft (13), robbery (14), and violence (15).
  10. Adultery
  11. Man and wife's responsibilities
  12. Gambling and betting, as well as 17) Partition (of inheritance). Both Medhatithi and Kulluka point out that this list of eighteen topics is not exhaustive. The reason for this is that as society has grown more complex, the number of causes of litigation has risen. Similarly, we do not find the other titles of law in the Dharmasutras, which have discussed a few topics of law like murder, adultery, theft, defamation, and inheritance, as the society was much simpler in the days of the Dharmasutras. Even so, the Dharmasutras clearly show the slow development of civil and criminal law. 'Cultivators, traders, herders, moneylenders, and artisans have authority to set rules for their respective classes,' Gautama

says. The king will make the legal decision after learning the state of affairs from those in each class who have the authority to speak.' As a result, emerging social groups such as traders, money lenders, and artisans were given due respect.

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Sources OF LAW --

Course: Ancient India (HSB654)

254 Documents
Students shared 254 documents in this course

University: Aligarh Muslim University

Was this document helpful?
SOURCES OF LAW
When it comes to legal sources, we must rely on Manu. The whole Veda is the source of
Dharma, followed by the traditions (smriti) and the tradition and practise of those who know
it (the Veda), holy men's customs, and finally self-satisfaction, according to Manu. (II.6). We
now have three recognised sources of Dharma, namely srauta (derived from the srutis, that
is Veda), smarta (derived from the smritis, that is Dharmasastra), and sadachara (derived
from the smritis, that is Dharmasastra) ( the usages of virtuous men who know the Vedas).
The four legs of law, according to Kautilya, are Dharma (sacred law), Vyavahara (contract),
Charitra (custom), and Rajasasana (royal decree), with the latter superseding the former
( dharmas-cha vyavaharas-cha charitram rajasasanam vivadarthas-chatuspadah paschimah
purva-badhakah). As a result, the king becomes the highest authority in terms of enacting
legislation. Narada's four sources of law (I.10) are almost a recitation of Kautilya's.
Brihaspati's explanations clarify Kautilya's and Narada's statements. It is said to be Dharma,
according to him (I.19-21, IX.2-7), when a decision is based on the defendant's oath
admission. A vyavahara is a decision made solely on the basis of sastra, evidence, or
arguments. A decision is said to be charitra if it is based on inference, corporate usages, or
customs. It is known as rajajna when a king decides a disputed case in a way that is neither
contrary to sastra nor contrary to the opinion of the sabhyas, and this order overrides local
customs and traditions. It is important to note that vyavahara, which included documentary
evidence, cannot be considered a legal source. When it came to transactions like sales and
mortgages, deeds had to be drawn in accordance with sastra rules, local customs, or both.
Srauta, smarta, and sadachara were the three main sources of law.
Litigation can cover a wide range of topics. Manu gives us a list of eighteen legal titles
(vyavahara pada), which Yajnavalkya, Narada, and Brihaspati all agree on in some way. These
are the following:
1) Debt non-payment
2) Deposit and pledge 3) Sale without ownership 4) Partner concerns 5) Gifts resumed
6) Failure to pay wages
7) Non-compliance with agreements
8) Cancellation of the sale and purchase
9) Conflicts between the cattle owner and his servants
10) Controversies over boundaries
11) Assault
12) Defamation
Theft (13), robbery (14), and violence (15).
15) Adultery
16) Man and wife's responsibilities
18) Gambling and betting, as well as 17) Partition (of inheritance).
Both Medhatithi and Kulluka point out that this list of eighteen topics is not exhaustive. The
reason for this is that as society has grown more complex, the number of causes of litigation
has risen. Similarly, we do not find the other titles of law in the Dharmasutras, which have
discussed a few topics of law like murder, adultery, theft, defamation, and inheritance, as the
society was much simpler in the days of the Dharmasutras. Even so, the Dharmasutras
clearly show the slow development of civil and criminal law. 'Cultivators, traders, herders,
moneylenders, and artisans have authority to set rules for their respective classes,' Gautama

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