77
edits
Changes
Jump to navigation
Jump to search
Line 7:
Line 7: − + + + + + + + + + + + + + + + + + + +
Started "Sources of Nyaya" section
<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-Ch2"/><ref name="LCHI-Rama_Jois-Ch3">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 3, Page 13</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 13-15</ref>
==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.
<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"/>
</blockquote>
<blockquote>
<q>The Vedas, the Smritis, good conduct or approved usage, what is agreeable to conscience proceeding from good intention, are the sources of law.</q><ref name="LCHI-Rama_Jois-Ch3"/>
</blockquote>
The Smrtikaras (स्मृतिकाराः) have thoughtfully recognised practices of people who are pure and care for the society as a source of Nyaya to make Nyaya relevant at all times.
===Superiority of the sources===
To avoid ambiguity in interpretation, the Smrtikaras had also laid down guidelines to be followed in case of a conflict from different sources. [[Vyasa Maharshi (व्यासमहर्षिः)|Vyasa (व्यासः)]] stated that the Vedas must always be considered as the primary source.
<blockquote>
<q>Whenever there is a conflict between Shruti (Vedas), Smritis and Puranas, then what is stated in the Shruti should be taken as authority.</q><ref name="LCHI-Rama_Jois-Ch3"/>
</blockquote>
Further, Yajnavalkya stated the following.
<blockquote>
<q>Whenever two Smritis conflict, principles of equity as determined by popular usages shall prevail.</q><ref name="LCHI-Rama_Jois-Ch3"/>
</blockquote>
==References==
==References==
<references/>
<references/>
[[Category:Dharmas]]
[[Category:Dharmas]]