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, Pages 9-12</ref> and Rajadharma is <q>the law laying down powers, duties and responsibilities of a | + | 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. |
| − | ==Relation between Nyaya and | + | ==Relation between Nyaya and Raja== |
| − | Nyaya is superior to the | + | 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. |
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<q>Law is the king of kings; Nothing is superior to law;<br/> | <q>Law is the king of kings; Nothing is superior to law;<br/> | ||
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<ref name="LCHI-Rama_Jois-Ch2"/> | <ref name="LCHI-Rama_Jois-Ch2"/> | ||
</blockquote> | </blockquote> | ||
| − | Two notable aspects of Nyaya as defined in | + | 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> |
==References== | ==References== | ||
<references/> | <references/> | ||
| − | [[Category: | + | [[Category:Dharmas]] |
Revision as of 14:13, 28 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 Raja
.[1] Raja was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.
Relation between Nyaya and Raja
Nyaya is superior to the Raja and entrusts Raja with the duty of protecting people. Brhadaranyaka 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 Brhadaranyaka Upanishad are that it is considered superior even to the Raja (unlike in western jurisprudence where law is declared by a political superior[1]), 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.[1][2]