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Vyavaharamala: a text on Indian jurisprudence

by P. V. Rajee | 2008 | 63,341 words

This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....

4. The origin of legal system

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There has been a great change in the ideal society as it is mentioned in Santi parvan (59-14) of Mahabharatha, Manusmrti the beginning of Naradasmrti, Brhaspati Smrti and Arthasastra of

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7 Kautilya. Due to greed and lust the people moved away from Dharma and disputes arose in society. Dharma is derived from root 'dhr' meaning 'to up hold', 'to support', 'to nourish'. P.V.Kane has found this word fifty-six times in the Rigveda 5. Dharma thus includes religious, moral, social and legal duties and can only be defined by its contents. The Vedas, the Smrtis also contain tenets of Dharma. The four sources of sacred law have been examined as mentioned by Manuveda smrti sadacara swasya ca priyamatmanah edatcaturvidham prahu saksat dharmasya laksanam. This verse contains concepts of administration, religion and morality. "Vedo akhilo dharmamulam" not only implies law and usage, but entire knowledge is enshrined in the Veda.

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