Chapter 2.1 - Emergence of the Concept of Vyavahāra from Dharma

In ancient India, along with the other branches of knowledge, there was great advancement in the field of law also. Hindu law is considered one of the most ancient systems of law known to the world.

Mayne says,

“Hindu law has the oldest pedigree of any known system of jurisprudence and even now it shows no signs of decrepitude.”^[1]

However, it is significant that the rich vocabulary of Sanskrit does not contain a term corresponding the English word ‘law’ in its true sense.^[2]

The striking characteristic of law in India manifests law as a mixture of religion, morality, ethics and positive law. The conscious separation of law from morals and religion has been a slow and gradual process.^[3] This law is considered to be of divine origin and revealed to the great sages.^[4] From the early Vedic times, the concept of law had gone through several changes. Hindu conception of law is embedded in dharma.^[5] It has passed through several vicissitudes, finally giving rise to the concept of vyavahāra, which means secular or positive law in modern sense.^[6] It is important to study the roleplayed in the evolution of law by the notion of dharma and by the precepts in and through which it is expressed.^[7]

[a. Dharma: Its Origin and Development]

[b. Sources of Dharma]

[c. Meaning of Vyavahāra]

[d. Difference between Dharma and Vyavahāra]

Footnotes and references:

[1]:

Vide, Misra, J.R.(revised.), Mayne’s Treatise on Hindu Law and Usage, page 11

[2]:

Vide, Lingat, R., The Classical Law of India, trans. from the French, with additions by J. Duncan M. Derret, page xii

[3]:

Mitter, D. N., The Position of Women in Hindu Law, page 14

[4]:

Agarwala, R. K., Hindu Law, page 4

[5]:

Rama Jois, M., Legal and Constitutional History of India, page 1

[6]:

Vide, De, S. K., et al (Edited), The Cultural Heritage of India, Volume 2, page 424

[7]:

Lingat, R., Op.cit., Preface, page xiii