History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.12

v4.c63.12

p. 283, Par. M. III. p. 7 and Kullūka on Manu VIII. 1).327a This definition places the administration of justice on a high plane. The purpose of all branches of Indian philosophy is the quest of Truth or Reality. The purpose of legal procedure is, according to Kāt., the same viz. to find out the truth when there is a dispute. But there are some points of difference. The philosopher may take his own time in his search for truth; but justice has to be done as quickly as possible. Further, legal procedure has its own method and limitations in finding out the truth, that is, it depends on oral and documentary evidence, while a philosopher's quest of truth may be purely intellectual and subjective. Another definition is: 'When the ramifications of right conduct, that are together called dharma and that can be established with efforts (of various kinds such as truthful speech &c.), have been violated, the dispute (in a court between parties) which springs from what is sought to be proved (such as a debt), is said to be *vyavahāra*'. Hārīta gives an easier definition: 'that is declared to be *vyavahāra* where the attainment of one's wealth (taken away by another) and the avoidance of the dharmas of others (such as those of heretics) are secured with (the help of) the means of proof' (quoted by the Sm. C. II. p. 1). The Mit. (on Yāj. II. 1) defines vyavahāra as 'averment (about a matter) as related to oneself in opposition to another'. Śukra IV. 5. 4 gives another definition. The Vyavahāramayūkha gives a much more elaborate definition (vide text p. 1 and notes pp. 3-4 of my ed.).