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Clarification of sources
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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.
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.
Broadly, apart from such practices of people, there are two sources of Nyaya.
# '''Vedas'''. Generally, the word Vedas refers to all the four Vedas, the six Vedangas (वेदान्गाः) and the eighteen [[Upanishads (उपनिषदः)|Upanishads (उपनिषदः)]]. Dharma (Nyaya, in this context) is presented in Vedas through Vidhis (विधयः) and Nishedhas (निशेधाः). For instance, the following are from [[Taittriya Upanishad (तैत्तिरीय-उपनिषद्)|Taittriya Upanishad (तैत्तिरीय उपनिषद्)]].
## सत्यं वद ।<br/> Speak the truth.
## नानृतं वद ।<br/> Never speak untruth.<ref>तैत्तिरीय उपनिषद् 1-11</ref>
# '''Dharmasastras'''. Smrtis, Dharmasutras (धर्मसूत्राः) and other commentaries are collectively called as Dharmasastras.
===Superiority of the sources===
===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.
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.
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===Acceptance of common practices===
===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.
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 when it becomes impossible to follow Dharmasastras in a situation because a socially acceptable custom which is in good conscience contradicts with Dharmasastras, overriding can be done. However, the custom must not be in disagreement with the Vedas.
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.
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.