Chandragupta Maurya and His Times c6.27
Chandragupta Maurya and His Times c6.27
- Language
- English
c6.27
**Custom as Law.** It will also be seen that one of the established sources of Law is defined to be what is called *Āchāra* which Kauṭilya calls *Charitra* or *Saṁsthā*, the manners and customs of the country. These, however, vary with different families, castes, corporations, and regions, and these several groups were empowered to legislate for themselves. Accordingly, Manu says [VIII. 41, 46] that it is the Sovereign's duty to recognize and enforce the laws laid down for themselves by these several self-governing groups, such as *Kula* (family), *Jāti* (caste), *Śreṇī* (guild), and *Janapada* (region). Gautama [II. 2, 20, 21] goes farther and grants powers of legislation to the *Vargas* or Guilds (*Śreṇīs*) of cultivators, traders, herdsmen and artisans, thus granting self-government to Industry. As an instance of regional or local law which is to be recognised by the king, the commentator on Manu cites the South Indian custom of 'marrying the daughter of the maternal uncle'.
Linked texts (3)
- Mānava Dharmaśāstra — Manu & Bhṛgu, Sanskrit
- Gautamadharmasūtra — Gautama (dharmasūtrakāra), Sanskrit
- Kauṭilīya Arthaśāstra — Kauṭilya, Sanskrit