The Mauryan Polity c8.s4.t2: Equity
The Mauryan Polity c8.s4.t2
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Equity
c8.s4.t2.1
Equity (*nyāya* also *dharma-nyāya*) again is given due prominence and in conformity with the law-giver Yājñavalkya, Kauṭalya mentions it as a source of law to be applied, in case the positive law of the *smṛti* cannot properly provide equality of justice. In other words equity came in very handsomely so far as the interpretation of the law was concerned. Perhaps the term *dharmayutena* in the Aśokan inscriptions is another form of *dharmanyāya*.¹ The term 'equity' is not used in the same sense, in which it is used in Roman Law but in the broad sense of supplementing in some cases, or interpreting in other cases, the law of the land. Again it is remarked that in India law was *dharma*. This is no doubt true. But what is more important is that *dharma* alone did not constitute law. There were other heads of law also.
c8.s4.t2.2
¹ Pillar E. IV. *Corpus*, p. 123.
Linked texts (1)
- Kaṇvasmṛti — Kaṇva, Sanskrit