legal history of Hindu legal system

Question 1

phases

Answer 1

1) Vedic phase : where the Aryan invasion took place. until the 8th before christ.
= leader : King + military commander assist by the priest
most important : military forces because they knew the vedas

2) Brahmani phase : people started to settle, no longer nomadic. they needed to develop institutions and the law. 8th to 6 BC
King asked the intellectuals (priests) to build institutions
= started to writing down the Vedas, the holy books have been lost long before
they developed doctrine about the law
Dharma : legal knowledge in general, rules that regulate the universe, cosmic order and the duties => social pyramid

3) Hindu phase : complete settlement (until today)
society work well is people do what they are supposed to
=> very rigid idea of society based on political equilibrium between military and secular governing power.
king has a lot of secular power + more freedom

Question 2

indo-aryan society

Answer 2

4 Varnas

• brahmana : religious elite
• Ksatrya : warrior and ruling class
• Vaishya : tech produktive class : merchant, artisan
• Sudra : serfs, the non-aryan persons, role of serving the other castes
• dalit : outcasts

Question 3

fundamental values of the hindu society

Answer 3

authority, castes, hierarchy, family, common property

the quest for : 1) justice (dharma), 2) utility (Martha) and 3) pleasure (karma)

Question 4

legal/governance

Answer 4

• legal pluralism, availability of several rules applicable, wide discretion of rulers and courts
• differences in localized dharmas and importance of local customs
• lack of centralized hierarchical structure of religion

Question 5

colonisation of India

Answer 5

muslim colonizers since 12th century, superimposed their law

british colonizers 18th century : leave the islamic model of governance. common law courts hire pandits for hindu law
manu + other fundamental authorities of Dharmic law are translated into English in the 19th for court and governance purposes.
=> anglo-indian common law = westernized institutional and legal system

Question 6

key historical events

Answer 6

• indépendance of India 1947
• constitution 1950 western features+ Indian characteristics
• muslim territories of the former British/indian possession are severed from India : forming the former state of Pakistan
• today the code of Manu on mariage & succession are still in force (re-written)

Question 7

now

Answer 7

indian LS is still the anglo Indian common law

• Hindu traditions and local customary laws still strong in rural areas
• castes formally abolished but socially still relevant
• Panchayat (basic village-governing institution) in rural areas have an important governance role. Sometimes in conflict with state law , rule o f law, modern fundamental rights and values