Code Of Manu Analysis

The word dharma derives its origins form the Sanskrit language but the exact renderings or meaning of this word cannot be pointed out. Dharma has many meanings. Many of the dictionary define dharma as ordinance, usage, duty, right, justice, morality, virtue, religion, good works, functions or characteristic. In Hindu jurisprudence the meaning of dharma, any a times is considered as “the privileges, duties and obligations of man, his standard of conduct as a member of the Aryan community and so on.” The code of Manu also makes use of the term dharma in the sense given above. To understand the concept of justice in ancient India it is essential understand the concept and actual meaning of the term dharma as understood by the ancient law givers

The law of dharma has a definite end which can be reached when it is used as a sense of obligation to achieve its purpose of keeping the individuals within their ideals and assigned roles. The visible end of dhrma is in maintaining the status quo in the society and the absolute end of dharma is in helping the individual and providing him the opportunity to realize his ultimate goal of human existence. Manu believed that the ultimate goal of human existence is to realize ones nature. And to achieve this goal Manu puts forth the scheme of varna and ashrama. The concept of varna is based on the rational classification of the society into four groups according to the intellectual and physical capabilities, the four classes are brahmana, ksatriya, vaisya and sudra. Just like this the individual life is also divided into 4 ashrams- brahmacharya, grhastha, vanaprastha and sanyasa. Manu said that it throught he social order based on varna and ashrama that all the goals of a society as well as individual can be achieved. The ancient Indian legislators created policies for the welfare of all and the systems of varna and ashrama helped them in striking a balance between the societal and individual interest. The “varnashrama-dhrma” had two fold aims. One was to maintain harmony in the society and

Manu says that the person who administers justice must also posses certain virtues, the most important of them being modesty and humility. According to Monu the king should be modest and always willing and ready to learn. He said the virtue of modesty and humility is capable of raising the social status of a man from lower to higher.

He said legal justice is the most important virtue and if we sacrifice this virtue then the whole social order would collapse. Also justice is a value both individual and public and is always seen as a manifestation of attitude of men towards others, because if there is only one man in the world then there would be no concept of fair or unfair, just or unjust. Justice is seen as attitude of an individual towards life and society.

This aspect of justice is also used in modern Indian legal philosophy which is relevant in relation to administration and appointment of judges, because judges should have dharma as moral part of their nature. The concept of justice in ancient Indian jurisprudence also carried in it the essential character of modern doctrines like “rule of law”, “doctrine of separation of power” concept of natural rights etc. principles of equity also kind of owe their origin to pure virtue.

c. Justice: As