Скачать или смотреть The Foundations of Law: The Ancient Indian Legal System

SUMMARY OF THE TOPIC 🧾

Ancient Indian legal systems were hierarchical and deeply connected to concepts of dharma, or righteousness and duty, with sources of law including the Vedas, Dharmashastras like the Manusmriti, and customary law. Justice was administered through a tiered system of courts, from local village councils (panchayats) to a King's court, which was the highest authority and appellate body. Key features included specialized courts for different levels of disputes and a reliance on witnesses and evidence, though the modern legal profession did not exist.
Sources of law
Dharmashastras: Texts like the Manusmriti and Yajnavalkya Smriti served as key legal codes, outlining conduct, civil and criminal law, and justice procedures.
Vedas: The earliest legal principles were inspired by the Vedas, which were later codified into Dharma Sutras.
Customary law: Practices of various communities, vocational groups, and regions were integral to the legal system.
Judicial hierarchy
Village Courts (Panchayats): The lowest level handled minor civil and criminal cases, often with village elders or respected members presiding.
Guilds: Artisan and trade groups often had their own jurisdiction to handle disputes among their members.
District and Town Courts: Managed by government officers under the king's authority, these courts handled simpler civil and criminal cases.
Chief Justice's Court: A senior judge, known as the Pradvivaka or Adhyaksha, presided over this court.
King's Court: The highest court of appeal, presided over by the king and advised by ministers and learned Brahmins.
Legal process
Lawsuit: A lawsuit began with a plaintiff filing a complaint. The process involved multiple steps, including the defendant's plea, the presentation of evidence, and judicial deliberation before a verdict was reached.
Evidence: Evidence primarily consisted of witnesses and documentary evidence. The admissibility of witnesses was based on factors like social class, gender, and age.
Ordeals: In some cases, ordeals like those involving fire, water, or a balance were used as a form of evidence, based on the belief that they would reveal the truth.
Verdict: The court would issue a judgment document, and the losing party was required to compensate the winner and pay a fine.