Professional Documents
Culture Documents
Summary
These Ashramas were of four types Brahmacharya, Grahasth,
Judicial Code was developed. This judicial code had its own legal
philosophy.
1
In Buddha Religion, the meaning of religion was substantial
This was the age when real attempts were made to separate
to make law with the condition that such law should not be
have been classified for every class and organ of the society
2
Strong provisions for character were also made'. Kautilya
that he, who follows his religion, attains heaven and eternal bliss.
3
He also quotes that in violation of the religion and
Besides this, the vision of Kautilya is also liberal and hardy from
the religious point of view. He advises that a King should not only
respect the religious rituals and tradition, gods and festivals of the
exploits the weak. In the ancient era, with a view to get rid of this
anomaly, the public chose Manu as its King and decided to pay 6th
4
part of their production and 10th part of their commercial income
to him.
behind this must have been the thought that on requirement, they
5
In economics, signals are also reflected that during Mauryan
Empire, even the religious institutions were also under the control
of state. From the post like Devtadhyaksh, it appears that his duty
was to utilize the property of temples etc. for the use of state.
as local tradition. Inspite of this, a King was not above the law and
the law was accepted as disciplinary power of the state. Justice was
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state and therefore, it is essential for a king to implement the law. It
is a self duty for a king that he must protect moral system of the
the hell'.
state, because with the help of penal system, the society can be
public safety, so that his kingdom could attain the goal of Trivarga
could not go on the path of Adharma. Kautilya also views the penal
Varta are established and defended and it describes the penal laws.
7
Penal Laws are instruments through which Alavdh can be
Court. Religious Courts related with the cases arising out of dispute
structure.
8
Three Dharmastha & Amatya functioned as Judges and in
this way; the King had least role in justice delivery system.
not and also whether the justice is easily available for all or not?
them. In this way, for the first time, Kautilya was attempted to
define the law on the basis equality for all. In Indian perspective,
several places, religious views have been ignored for the purpose
9
In this view, he created Rajyavyavastha Shashtra and took a
religion and its preaching. But the society in which he lived, was
10
Subsequent Smritis like Narad, Katyayan & Brahaspati were
Religion.
Religion, which was based upon the class system. He not only
11
King is the fundamental concept of Manu Smriti, and herein, the
12
necessary and due to its following, one can attain, Dharma, Artha,
of Dharma.
not the same, but the concept, which on one side joints base of
same.
other in order to achieve an ideal. It can be said that law and justice
fact that each one of them was decider for the other. Mutual
13
Dharma was a system of rules for social conduct and in this way it
and procedure.
is like a Matador.
14
In social perspective, justice is such a tool, which makes
give more importance to Dharma, and like Kautilya, they are not
made the state important, but in the Manu & Yagyavalkya Smriti,
governing Dharma.
15
It not only a means of overall development of an individual,
the most powerful and supreme rule or law of the whole universes.
system, when the human was so pure and refined from within that
the mythological laws, rule and judicial system was not required at
that time.
with a view to control and govern him, need of state rule and
judicial system was felt essential. Narad says that Judicial system
of it.
When human race was pure and refined, the vices like
struggle, hatred and ego did not exist. But when good conduct of
16
humans began to reduce, judicial system was established and the
degree, but with the subsequent eras in Treta, Dwapar & Kaliyuga,
Yughrasanurupatale.
enlightenment.
17
society, every person must follow his duties and in any condition,
person'.
compared with the current caste system. When Aryas arrived India,
they were distinguished into only three classes on the basis of their
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work Purohit, Yoddha and Karigar. In this tri-class system, every
class regarded with a particular social work, culture and life style.
four-class society'.
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