Dharma and Indian jurisprudence: the classical, medieval and modern approaches
LUG-102 Jurisprudence — Legal Method, Indian Legal System and Basic Theory of Law, Unit II: Indian jurisprudence: · LLB · 60 min
Indian jurisprudence from the Vedas to the Constitution. The lecture covers topic 5 (natural law as virtue: rita and dharma) and topics 14 to 17 (Indian jurisprudence: the classical approach of the Smritis, the Arthashastra, the Mimamsa rules and the Mitakshara and Dayabhaga schools; the medieval approach of Islamic law and the Sultanate and Mughal courts; the Anglo-Indian transition through the Charters, Hastings' plan and codification; and the modern trends of constitutional social justice, PIL, transformative constitutionalism and the uniform civil code debate from Shah Bano to Sarla Mudgal and Shayara Bano). Dharma is asked in most papers as a note on natural law as virtue; the medieval approach was asked in 2019-20.
Objectives
- Explain the meaning of rita and dharma and show why dharma is natural law as virtue.
- Describe the sources of dharma (Shruti, Smriti, sadachara, conscience), the four purusharthas, rajadharma, danda and vyavahara, and the classical schools of the Mitakshara and the Dayabhaga.
- Explain the medieval approach: the sources and schools of Islamic law, the Sultanate and Mughal administration of justice, and the position of Hindu law under Muslim rule.
- Trace the Anglo-Indian transition from the Charters and Hastings' plan to the codification of Macaulay and of Hindu law in 1955-56.
- Evaluate the modern trends: constitutional social justice, public interest litigation, transformative constitutionalism and the uniform civil code debate.
Slides
- Rita and dharma: natural law as virtue
- The sources of dharma
- The purusharthas, rajadharma and danda: the king under dharma
- Vyavahara, the Mimamsa rules and the two schools: the classical approach
- Dharma and Western natural law compared; criticism
- The medieval approach I: Islamic law and its sources
- The medieval approach II: the Sultanate and Mughal courts, and Hindu law under Muslim rule
- The Anglo-Indian transition: from the Charters to codification
- Modern trends I: the Constitution, social justice and public interest litigation
- Modern trends II: the uniform civil code debate
- Summary: the three approaches in one table
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