A History of Hindu Political Theories from the Earliest Times to the End of the First Quarter of the Seventeenth Century A.D. c7.91

c7.91

We have reserved for examination, in the last place, an important conception the germs of which occur in some passages of the Upaniṣads and which became the foundation of the whole scheme of social and political order in the later Brāhmaṇical canon. This was the concept of Law or Duty (dharma). In the account of cosmic creation quoted above from the Bṛihadāraṇyaka Upaniṣad, it has been seen how Brahman is described as successively creating the divine prototypes of the Kṣatriyas, the Vaiśyas, and the Śūdras. Then it proceeds, “He was not strong enough. He created still further the most excellent Law (dharma). Law is the Kṣattra of the Kṣattra, therefore there is nothing higher than the Law. Thenceforth even a weak man rules a stronger with the help of the Law as with the help of a king. Thus the Law is what is called the true. And if a man declares what is true, they say he declares the Law; and if he declares the Law, they say he declares what is true. Thus both are the same.”‡ According to this pasasge, then, Law is derived from the will of the Creator. Further, Law represents the highest positive authority supplementing the powers of the three inferior classes, and overriding in particular the civil authority represented by the office of the Kṣatriya. In the last place, Law is synonymous with Morality. While such is the origin and character of the concept of Law, its scope is defined elsewhere to be co-extensive with part of the social order. "There are three branches of the law," declares the Chhāndogya Upaniṣad in one place, "sacrifice, study, and charity are the first, austerity the second, and to dwell as a Brahmachārin in the house of a tutor, always mortifying the body in the house of a tutor, is the third. All these obtain the worlds of the blessed; but the Brahmasaṁstha alone (he who is firmly grounded in Brahman) obtains immortality."¹ This passage evidently includes the duties of the first three stages (āśramas) of the Aryan's life within the compass of the Law. It would further appear to invest these duties with a high spiritual significance, for it explicitly declares their fulfilment to lead to heavenly bliss. In the following chapter it will be our endeavour to describe how all the above elements are gathered together, and are developed into the comprehensive concept of Society or the social order of which the functions of the king form merely a branch.