Difference between revisions of "Nyaya (न्यायः)"
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| − | 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</ref> and Rajadharma is <q>the law laying down powers, duties and responsibilities of a king</q>.<ref name="LCHI-Rama_Jois-Ch2"/> King 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 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 king</q>.<ref name="LCHI-Rama_Jois-Ch2"/> King was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya. |
==Relation between Nyaya and king== | ==Relation between Nyaya and king== | ||
Nyaya is superior to the king and entrusts king with the duty of protecting people. [[Brihadaranyaka Upanishad (बृहदारण्यक उपनिषद्)|Brihadaranyaka Upanishad (बृहदारण्यक उपनिषद्)]] defines Nyaya as follows. | Nyaya is superior to the king and entrusts king with the duty of protecting people. [[Brihadaranyaka Upanishad (बृहदारण्यक उपनिषद्)|Brihadaranyaka Upanishad (बृहदारण्यक उपनिषद्)]] defines Nyaya as follows. | ||
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| − | Two notable aspects of Nyaya as defined in Brihadaranyaka Upanishad are that it is considered superior even to the king (unlike in western jurisprudence where law is declared by a political superior<ref name="LCHI-Rama_Jois-Ch2"/>), and that Nyaya and the king mutually strengthen each other. A king who is obedient to Rajadharma and an able enforcer of Vyavaharadharma in the Rajya will remain powerful. Nyaya limits the king himself, who is the enforcer of Nyaya but never its source.<ref name="LCHI-Rama_Jois-Ch2"/> | + | Two notable aspects of Nyaya as defined in Brihadaranyaka Upanishad are that it is considered superior even to the king (unlike in western jurisprudence where law is declared by a political superior<ref name="LCHI-Rama_Jois-Ch2"/>), and that Nyaya and the king mutually strengthen each other. A king who is obedient to Rajadharma and an able enforcer of Vyavaharadharma in the Rajya will remain powerful. Nyaya limits the king 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> |
==References== | ==References== | ||
<references/> | <references/> | ||
[[Category:Ancient Indian Legal System]] | [[Category:Ancient Indian Legal System]] | ||
Revision as of 16:15, 25 December 2018
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, which has different meanings based on the context used, means Nyaya in a legal context. Nyaya constitutes Vyavaharadharma (व्यवहारधर्मः) and Rajadharma (राजधर्मः). Vyavaharadharma is the positive civil and criminal law, as also the law regulating the constitution and organisation of State
[1] and Rajadharma is the law laying down powers, duties and responsibilities of a king
.[1] King was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.
Relation between Nyaya and king
Nyaya is superior to the king and entrusts king with the duty of protecting people. Brihadaranyaka Upanishad (बृहदारण्यक उपनिषद्) defines Nyaya as follows.
Law is the king of kings; Nothing is superior to law;[1]
The law aided by the power of the king enables the weak to prevail over strong.
Two notable aspects of Nyaya as defined in Brihadaranyaka Upanishad are that it is considered superior even to the king (unlike in western jurisprudence where law is declared by a political superior[1]), and that Nyaya and the king mutually strengthen each other. A king who is obedient to Rajadharma and an able enforcer of Vyavaharadharma in the Rajya will remain powerful. Nyaya limits the king himself, who is the enforcer of Nyaya but never its source.[1][2]