The Political Institutions and Theories of the Hindus: A Study in Comparative Politics c10.s3.t5: 5. The Institutes of Asoka
The Political Institutions and Theories of the Hindus: A Study in Comparative Politics c10.s3.t5
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5. The Institutes of Asoka
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Asoka's Edicts¹ are well known to have been mainly moral or social in their scope. Some of these declarations can be scheduled as "sumptuary" regulations in a wide sense. Not all the proclamations of the Emperor-propagandist were, however, *râjnâm âjnâ* or statutes binding on the empire as a political organization. The *corpus* of Asokan rescripts had, on the whole, no greater authority on the state than are the announcements of a zealous and sincere educational missionary. Constitutionally speaking, they belong to the same category as the Educational Rescript (1890) of Mikado Mutshuito in *Meiji* Japan, or the "messages" to Congress from the Presidents of the United States.
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¹ Cunningham's *Inscriptions of Asoka*.
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These the people were persuaded by commissioners, magistrates and judicial officers to respect and observe. But the main body of Asoka's time to time messages was not treated as the "commands of a sovereign", the violation of which would be cognizable offence to be tried and punished by the courts of justice. All the same, a minute analysis brings out the fact that some real legislation or lawmaking is to be found in the midst of these thirty pronouncements of various sizes.
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One positive law is referred to in Pillar Edict IV. (*c* B. C. 243). By it Asoka gave respite of three days to prisoners convicted and sentenced to death.² It was universally applicable throughout the Empire and calculated to bring about legislative centralization and uniformity. An imperial command to this effect was specially called for, because otherwise there might be a great diversity in administrative practice. And such diversity was naturally expected because of Asoka's custom of granting independence to the members of the civil service "in the award of honors and penalties" in order that they might "in security and without fear perform their duties". The Provincials' Edict likewise embodies the purport of a law by which officers in charge of the city were to "prevent unwarranted imprisonment or unwarranted torture of the citizens".³
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² Smith's *Asoka*, pp. 148—150, 136—138.
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³ Smith's *Asoka*, pp. 148—150, 136—138.
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Regulations in regard to *ahimsâ* or non-slaughter i. e. sanctity of animal life appear also to have been laws in the strictest sense of the term. According to Pillar Edict V (*c B.* C. 243), parrots, starlings, adjutants and other animals were exempted from killing.⁴ By Rock Edict I (*c* B. C. 257) Asoka disallowed even the animal sacrifices indispensable for certain ceremonial performances.⁵ The humane legislation was thus arbitrary and intolerant enough to curtail religious liberty, or, at any rate, the freedom of practice. When, therefore, we read the touching self-complacent note in Rock Edict IV (c B. C. 257)¹ in which the monarch congratulates himself on the growth of non-killing and "prevention of cruelty to animate beings" in his reign, can we not believe that the ideals of a "moralist" had indeed in a considerable degree been rigidly transformed into positive law?
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⁴ *Inscr. of As.*, pp. 138, 117, 118—119.
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⁵ *Inscr. of As.*, pp. 138, 117, 118—119.
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¹ *Inscr. of As.*, pp. 118—119.
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Similarly in the statement recorded in Pillar Edict V (c B. C. 243) that "in the period extending up to my twenty sixth coronation day I have twenty five times liberated the prisoners", one may read the gist of a law on the general pardon of convicts at coronation-anniversary.² Further, in the report about the growth in humanitarianism among Asoka's subjects we are told by this self-conscious emperor that the thing was unknown "for many hundred years past". Here then is to be detected a change of ancient customs brought about, although not exclusively perhaps, by definite commands of the state.
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² Smith's *Asoka*, pp. 150—152.