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Added details of Vedas and Dharmasastras
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.
Nyaya (translates to law) was laid down as an instrument to govern a Rajya (राज्यम्, 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 (राजा, king) 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.
## मातृदेवो भव । पितृदेवो भव ।<br/> Treat mother and father as god.
## मातृदेवो भव । पितृदेवो भव ।<br/> Treat mother and father as god.
## यान्यनविघानि कर्माणि तानि सेवितव्यानि नो इतराणि ।<br/> Do only the acts which are not forbidden, not any other.<ref>तैत्तिरीय उपनिषद् 1-11</ref>
## यान्यनविघानि कर्माणि तानि सेवितव्यानि नो इतराणि ।<br/> Do only the acts which are not forbidden, not any other.<ref>तैत्तिरीय उपनिषद् 1-11</ref>
#: Every law described in the Dharmasastras has its origin in the Vidhis and Nishedhas mentioned in the Vedas, of which, the above are only a few. For example, the law that dictates a son to assist his parents has its roots in the fifth Vidhi.<ref name="LCHI-Rama_Jois-Ch4">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 4, Pages 20,22,23</ref> In this sense, the Vedas are the source even for Dharmasastras.
#: Every law described in the Dharmasastras has its origin in the Vidhis and Nishedhas mentioned in the Vedas, of which, the above are only a few. For example, the law that dictates a son to assist his parents has its roots in the fifth Vidhi.<ref name="LCHI-Rama_Jois-Ch4">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 4, Pages 20,22-24</ref> In this sense, the Vedas are the source even for Dharmasastras.
# '''Dharmasastras'''. Dharmasutras (धर्मसूत्राः), Smrtis and other commentaries are collectively called as Dharmasastras.
# '''Dharmasastras'''. Dharmasutras (धर्मसूत्राः), Smrtis and other commentaries are collectively called as Dharmasastras.
#* Taking inspiration from Vidhis and Nishedhas mentioned in the Vedas, Dharmasutras contain laws in the form of Sutras (सूत्राः, aphorisms). These can be regarded as the first works on Nyaya.<ref name="LCHI-Rama_Jois-Ch4"/>
#* Taking inspiration from Vidhis and Nishedhas mentioned in the Vedas, Dharmasutras contain laws in the form of Sutras (सूत्राः, aphorisms). These can be regarded as the first works on Nyaya.<ref name="LCHI-Rama_Jois-Ch4"/>
#* Smrtis were written by Smrtikaras like Manu, Yajnavalkya and Parashara. These are a systematic and organised collection of laws from various sources, mainly the Vedas and Dharmasutras, and also from the common accepted customs of the society at the time of compilation. The Smrtis also describe the legal and judicial system.<ref name="LCHI-Rama_Jois-Ch4"/>
#* Smrtis were written by Smrtikaras like Manu, Yajnavalkya and Parashara. These are a systematic and organised collection of laws from various sources, mainly the Vedas and Dharmasutras, and also from the common accepted customs of the society at the time of compilation. The Smrtis also describe the legal and judicial system.<ref name="LCHI-Rama_Jois-Ch4"/>
#* The Smrtis, which have laws laid down in the form of verses, require skill and practice for correct interpretation and understanding. Various commentaries had been written at different points in time by interpreting and presenting the Smrtis considering the common acceptable practices prevalent at respective times. Such commentaries, which were simpler to understand and more relevant, were also adopted by many Rajyas.<ref name="LCHI-Rama_Jois-Ch4"/>
===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 and inviolable 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 and inviolable source.