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The Mauryan Polity c11.s1.t2: Ancient conception of law

The Mauryan Polity c11.s1.t2

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Ancient conception of law

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The ancient Indian conception of law was that it was something superhuman, and something transcendental. A great amount of sacredness was attached to it, not only by the people but also by the ruler with the result that law became the king of kings,¹ the kṣatra of the kṣatra. According to the Vedic tradition, which was handed down in unbroken succession, there is nothing higher than dharma, the observance of which will tend to universal moral welfare, and righteousness of a general kind. If we are to accept the definition of the term by the philosopher Kaṇāda that dharma is the source of material welfare in this world and spiritual welfare in the other,² then it is easy to realise the full import attached to it especially by the reigning sovereigns of the land. If the state emerged from a well-established society for the welfare of that society, and if the state represented the common will of that society, by upholding principles which tended to the common good and the common welfare, (the *yogakṣema* of the Hindu literature),¹ then necessarily that institution which we call state, must take cognisance of the social order, peculiar to that society, and function in such a way that that social order is maintained intact, and that an orderly progress is the ultimate result.

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¹ Bṛhad. Up., I-IV, 11-14; Chānd. Up., 11-23, 1-2.

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² Vaiśeṣika Sūtras 1, 1-2.

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¹ See in this connection the interpretation of the phrase *ityai artham* occurring in the *Ṛg Veda* in the *Economiques et Politiques Dans L'Inde Ancienne*, by H. C. Joshi, pp. 17-18 (Paris, 1928).

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With this end in view ancient Indian writers on polity rightly based their theories of state and its institutions on the lines of the *dharma* of the land. It proved an effective check on the arbitrary conduct of the monarch. For, the latter was expected to rule and reign according to the established law of the country. Transgression of that law would lead in the first instance to revolt from people, and ultimately to revolution and anarchy, disturbing the peace and security of the people.

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The primary function of the state was, according to the *Arthaśāstra*, the upkeep of the social *sthiti* or in other words, the maintenance of the social order. Society, in those days was divided into castes and orders, the castes being an economic classification on the principle of the division of labour. Castes were, therefore, so many occupational groups with this peculiar difference that these occupations were to be deemed hereditary. Viewed from an economic point of view the motive for this classification cannot be questioned, for, it drove the last nail into the coffin of economic ills.

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The competitive principle, as we experience to-day, produces more of evil than good. This was avoided by the principle known as *svadharma*, so much insisted on by Indian writers, secular or religious. This is the very principle on which the author of the *Arthaśāstra* has worked out the theory of the State. The *svadharma* of the king is to endeavour and protect the people according to *dharma* or law.¹ And the fruit of such *svadharma* is the attainment of heaven. This is exactly what the authors of the *Dharmasūtras* and *Dharmaśāstras* have prescribed.² The *Arthaśāstra* clearly states that the social polity, entitled *varṇāśrama dharma*, and the prosecution by the king of his duty demanded that the castes and the orders did not err from the ordained path, but pursued the path of *dharma* by sticking on to their own duties. This shows that the state punished that member of the society who gave up his own *dharma* and interfered with the *dharma* of the other communities. In a word the state expected every citizen to discharge his obligations according to the *dharma* of his caste and order.

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¹ Bk. III, ch. 1.

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² Āp. II, pp. 25-15; Baud. 1, 18, 1; Manu, VII.2; Yāj., I-335, etc. Also the article on '*Dharmaśāstra* and *Arthaśāstra*' by Dr. Winternitz, in *Sir Asutosh Memorial Volume*, Patna, esp. pp. 31-32.

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*The doctrine of Trivarga*

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We thus gather that the *dharma* of the state was to see that the respective *dharmas* of the people were followed and to exercise the rod of punishment towards him or her who would misbehave. Hence the *Mahābhārata* views the *dharma* of the state or the *kṣatra dharma* superior to all other *dharmas*.³ *Dharma* then, is the composite expression which, if properly analysed, will be the means for and the end of the progressive realisation of the *trivarga* or the *muppāl* of Tamil literature. This term is significant in more than one respect. It includes *dharma*, *artha*, and *kāma*. In other words every citizen of the state, whether male or female, was to pursue his or her *dharma*, which was the *svadharma* or the peculiar duties which he or she owed to the society at large. In performing these duties, let him or her use *artha* and *kāma*, so far as they help him or her to realise this object, namely, the fulfilment of his or her obligations. Over-indulgence would lead to the misuse of power with the result that there would be a conflict as regards the relations which exist among these three factors of life. The object underlying the principle of *trivarga* is the attainment of the last aim in life, namely, *mokṣa* or salvation, one form of which is heavenly bliss in after life. Life to the ancient Hindus of all faiths including the Buddhists and Jainas was a race to be run and the goal was absolute freedom from the fetters of the mundane world. The people required material comforts and welfare so as to realise this end. Towards this end the state came to function by looking after their material and moral welfare. These are exactly the motives which underlie the political philosophy of the *Kauṭalīya*. Kauṭalya envisages a social order of castes, and pinning his faith in the *trivarga* and the *caturvarga*, he prescribes means and methods by which the social order should be maintained. The means and methods laid down are *dharmaic* in the sense that they help the people to realise their chief aims in life. It is reasonable to assume that this idea must have profoundly influenced the administration of the first Mauryan emperor and his son, not to speak of Aśoka.

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³ Śānti 64, 6; 62, 30; 63, 29.

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*Sec. iii. AŚOKA'S DHARMA*

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*The practical aspect*

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The *dharma* of Aśoka's inscriptions has a twofold aspect—the practical and the doctrinal.¹ Under the first category come:

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¹ See Mookerjee, *Aśoka*, p. 194.

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1 Dutifulness (*śusrūṣā*) to parents.²

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² R.E. III, IV, XI, XIII and P.E. VII

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2. Reverence to elders³ and teachers.⁴

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³ R.E. IV.

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⁴ R.E. XIII, P.E. VII.

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3. Dutifulness towards superiors⁵ *aghrabhūti*. The rendering of this term as 'men of high caste, or pay' is not convincing.

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⁵ R.E. XIII.

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4. Regard for Brahmans and Śramaṇas⁶ (*saṃpratipatti*). The term Śramaṇa means ascetic in the broad sense. It does not mean, as has been taken by almost all scholars, heretical sects of ascetics. Śramaṇa in Sanskrit literature of the period of our study is an equivalent and synonym for the *parivrājaka*, whatever might have been its meaning in later times. This *parivrājaka* is the Hindu Sannyāsin of the orthodox type. The term has been unfortunately taken to mean Buddhist and Jaina monks. But more of this later on.

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⁶ R.E. IV, P.E. VII.

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5. Regard for family relationships.⁷ 6. Kind treatment of slaves (*dāsa*) and servants (*bhaṭaka*).¹

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⁷ M.R.E. II, R.E. IV, and XIII.

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¹ R.E. IX, XI, XIII and P.E. VII. ² P.E. VII. ³ R.E. XIII. ⁴ R.E. III, VIII, IX and XI. ⁵ R.E. III and XI. ⁶ R.E. VIII. ⁷ R.E. III, IV, XI and P.E. VII. ⁸ R.E. IX. ⁹ *Corpus*, p. 176. ¹⁰ R.E. IV, P.E. VII. ¹¹ R.E. XIII. ¹² P.E. II and VII. ¹³ P.E. II and VIII. ¹⁴ P.E. II and VIII.

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7. Kindness to the poor and the suffering (*kapa-na-valāka*).²

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8. Regard for friends, relatives, and others.³

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9. Gifts (*dānam*) to Brahmans and ascetics.⁴

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10. Gifts for friends (*mitra*), acquaintances (*saṃstuta*), and relations (*jñāti*).⁵

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11. Gifts of wealth to the aged.⁶

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12. *prāṇānāṃ anārambha*⁷ translated as ‘abstention from slaughter of living beings,’ *pāṇeṣu sayamo*⁸ translated as ‘restraint of violence towards living beings.’ Again in M.R.E. (II) there occurs *prāṇeṣu drahyitavyam*.⁹

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13. Non-injury to living beings (*vihimsā bhū-tānām*).¹⁰

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14. *Sava-bhūtānāṃ achhatim*¹¹ or non-violence towards all creatures.

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Thus the practice of *dharma* involved virtuous qualities of *dayā* or sympathy,¹² *dāna* or gifts, *satya* or truthfulness¹³ *śaucam* or purity of mind and body,¹⁴ mārdavam or kindliness,¹ sādhutā or goodness,² apavyayatā and apabhandata or economy in expenditure and in saving,³ samyama or restraint of the senses,⁴ bhāvaśuddhi or honesty of purpose,⁵ kṛtajñatā or gratefulness,⁶ dṛḍhabahktitā or abiding loyalty⁷ and dharmarati or morality in act and deed.⁸ To these are added also dharma-kāmatā or a desire to act righteously, parīkṣā or confidence in ones' own self, śusrūṣā or dutifulness, bhaya or fear of wrong action, and utsāha or enthusiasm.⁹ While the positive aspect of Aśoka's dharma consisted in doing good things,¹⁰ the negative aspect constituted in apariśravam or not doing evil deeds¹¹ generally caused by a host of dispositions like rage, cruelty, wrath, pride, and envy.¹²

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¹ R.E. XIII P.E. VII.

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² P.E. VII.

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³ R.E. III.

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⁴ R.E. VII.

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⁵ R.E. VII.

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⁶ R.E. VII.

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⁷ R.E. XIII.

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⁸ R.E. XIII.

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⁹ P.E. I.

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¹⁰ bahūni kayānāni, P.E. II. Corpus, pp. 120-121.

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¹¹ R.E. X.

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¹² P.E. III, see Mookerjee, Aśoka, p. 71.

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