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Started new subsection under "Sources of Nyaya"
Nyaya (translates to law) was laid down as an instrument to govern a Rajya (State), which was considered an essential for a society to follow [[Dharma|Dharma]]. Dharma, which has different meanings based on the context used, means Nyaya in a legal context. Nyaya constitutes Vyavaharadharma (व्यवहारधर्मः) and Rajadharma (राजधर्मः). Vyavaharadharma is <q>the positive civil and criminal law, as also the law regulating the constitution and organisation of State</q><ref name="LCHI-Rama_Jois-Ch2">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 2, Pages 9-12</ref> and Rajadharma is <q>the law laying down powers, duties and responsibilities of a Raja</q>.<ref name="LCHI-Rama_Jois-Ch2"/> Raja was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.
Nyaya (translates to law) was laid down as an instrument to govern a Rajya (State), which was considered an essential for a society to follow [[Dharma|Dharma]]. Dharma, which has different understanding in different contexts, means Nyaya in a legal context. Nyaya constitutes Vyavaharadharma (व्यवहारधर्मः) and Rajadharma (राजधर्मः). Vyavaharadharma is <q>the positive civil and criminal law, as also the law regulating the constitution and organisation of State</q><ref name="LCHI-Rama_Jois-Ch2">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 2, Pages 9-12</ref> and Rajadharma is <q>the law laying down powers, duties and responsibilities of a Raja</q>.<ref name="LCHI-Rama_Jois-Ch2"/> Raja was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.
==Relation between Nyaya and Raja==
==Relation between Nyaya and Raja==
Nyaya is superior to the Raja and entrusts Raja with the duty of protecting people. [[Brhadaranyaka Upanishad (बृहदारण्यकोपनिषद्)|Brhadaranyaka Upanishad]] (बृहदारण्यक उपनिषद्) defines Nyaya as follows.
Nyaya is superior to the Raja and entrusts Raja with the duty of protecting people. [[Brhadaranyaka Upanishad (बृहदारण्यकोपनिषद्)|Brhadaranyaka Upanishad]] (बृहदारण्यक उपनिषद्) defines Nyaya as follows.
<ref name="LCHI-Rama_Jois-Ch2"/>
<ref name="LCHI-Rama_Jois-Ch2"/>
</blockquote>
</blockquote>
Two notable aspects of Nyaya as defined in Brhadaranyaka Upanishad are that it is considered superior even to the Raja (unlike in western jurisprudence where law is declared by a political superior<ref name="LCHI-Rama_Jois-Ch2"/>), and that Nyaya and the Raja mutually strengthen each other. A Raja who is obedient to Rajadharma and an able enforcer of Vyavaharadharma in the Rajya will remain powerful. Nyaya limits the Raja himself, who is the enforcer of Nyaya but never its source.<ref name="LCHI-Rama_Jois-Ch3">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 3, Pages 13-15</ref>
Two notable aspects of Nyaya as defined in Brhadaranyaka Upanishad are that it is considered superior even to the Raja (unlike in western jurisprudence where law is declared by a political superior<ref name="LCHI-Rama_Jois-Ch2"/>), and that Nyaya and the Raja mutually strengthen each other. A Raja who is obedient to Rajadharma and an able enforcer of Vyavaharadharma in the Rajya will remain powerful. Nyaya limits the Raja himself, who is the enforcer of Nyaya but never its source.<ref name="LCHI-Rama_Jois-Ch3">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 3, Pages 13-17</ref>
==Sources of Nyaya==
==Sources of Nyaya==
Nyaya was laid down in the Dharmasastras (धर्मशास्त्राः) written by Rshis (ऋषीः). The [[Vedas (वेदाः)|Vedas (वेदाः)]] and [[Smrti (स्मृतिः)|Smrtis]] are the primary sources of Nyaya. However, the Rshis were aware that Nyaya once declared cannot remain as it is for ages, without additions or modifications. The following words by Manu and [[Yajnavalkya (याज्ञवल्क्यः)|Yajnavalkya (याज्ञवल्क्यः)]] respectively, reflect this thought. Note that the word Dharma means Nyaya in these descriptions.
Nyaya was laid down in the Dharmasastras (धर्मशास्त्राः) written by Rshis (ऋषीः). The [[Vedas (वेदाः)|Vedas (वेदाः)]] and [[Smrti (स्मृतिः)|Smrtis (स्मृतीः)]] are the primary sources of Nyaya. However, the Rshis were aware that Nyaya once declared cannot remain as it is for ages, without additions or modifications. The following words by Manu and [[Yajnavalkya (याज्ञवल्क्यः)|Yajnavalkya (याज्ञवल्क्यः)]] respectively, reflect this thought. Note that the word Dharma means Nyaya in these descriptions.
<blockquote>
<blockquote>
<q>Veda is the first source of Dharma. The expression by Seers (Smritikaras), handed down from generation to generation by memory, the virtuous conduct of those who are well versed in the Vedas, and lastly, what is agreeable to good conscience, are the other sources.</q><ref name="LCHI-Rama_Jois-Ch3"/>
<q>Veda is the first source of Dharma. The expression by Seers (Smritikaras), handed down from generation to generation by memory, the virtuous conduct of those who are well versed in the Vedas, and lastly, what is agreeable to good conscience, are the other sources.</q><ref name="LCHI-Rama_Jois-Ch3"/>
<q>Whenever two Smritis conflict, principles of equity as determined by popular usages shall prevail.</q><ref name="LCHI-Rama_Jois-Ch3"/>
<q>Whenever two Smritis conflict, principles of equity as determined by popular usages shall prevail.</q><ref name="LCHI-Rama_Jois-Ch3"/>
</blockquote>
</blockquote>
===Acceptance of common practices===
The Smrtikaras, aware of the dynamic nature of a society, allowed common practices, i.e.; customs of good intentioned people to pass as law. When both the parties of a dispute have certain customs in common, the Raja considers these customs before the judgement. However, when there is no such common practice, Vedas and Smrtis are taken as the authority.<ref name="LCHI-Rama_Jois-Ch3"/> To prevent misuse of this recognition given, the Smrtikaras declare that no person can choose to defy the Dharmasastras citing his/her own reasoning to be better.<ref name="LCHI-Rama_Jois-Ch3"/> Only those customs which are based on pure thought and are acceptable to the society are recognised.
Raja was given power to decide based on his own conscience only in case no reference could be found in the Dharmasastras or in the customs of people.<ref name="LCHI-Rama_Jois-Ch3"/> All conventions which have been formed with the consent of people must be recorded in writing under the Rajamudra (राजमुद्रः, royal seal).<ref name="LCHI-Rama_Jois-Ch3"/> These conventions must then be enforced at par with the Dharmasastras. In no situation was the Raja given power to legislate. He is only an enforcer of Nyaya.
==References==
==References==
<references/>
<references/>
[[Category:Dharmas]]
[[Category:Dharmas]]