Essay name: Vyavaharamala: a text on Indian jurisprudence
Author:
P. V. Rajee
Affiliation: Sree Sankaracharya University of Sanskrit / Department of Sanskrit Sahitya
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society.
Chapter 5 - Vyavaharamala—General features based on text
9 (of 186)
External source: Shodhganga (Repository of Indian theses)
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Qualification of a justice.
Brh. says: The word 'prāḍvivāka' is derived from two
terms - ‘prāṭ' and ‘vivāka’; where the first term ‘prāt' signifies
asking questions gently and receiving answers at the time of
trial, where as the later implies the procedure of verification
through the questions?. Just like doctors take out the poison
from the body (which may be from arrows) with their
equipments and intellect; injustice should be determined by
vyavahāra or dispute and thus Dharma should be maintained
discarding Adharma³.
There is a belief that if the king discarding Brāhmaṇa,
appoints a Sudra and hears the trial along with them, the king
would lose his army and capital, and the kingdom will have to
meet with destruction. For this very reason, Brāhmaṇa should be
appointed in the court.
Vyavaharamayukha-page-2; veeramitrōdaya Vyavaharaprakasah-page-24
* Veramaitrodayasya Vyavaharaprakashaḥ-pradviväkalakṣhaṇa-page-24
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