Author(s): Dr Santosh Kumar Sharma
Paper Details: Volume 4, Issue 5
Citation: IJLSSS 4(5) 14
Page No: 186 – 190
SUMMARY
India has been a place of democracy within legal boundaries from the time which cannot be exactly mentioned in reference to human evolution and civilization. However, in course of time this democracy has been encroached by foreign invasion and therefore India lost its glory for some time in the world of political history. Despite of this historical turmoil the rising spirit of nationalism among Generation-Z and Alpha is once again moving forward to place India as a global leader in all sense such as political, economical, and spiritual. In order to maintain this spirit, we need to understand the legal doctrine of Indian jurisprudence and in this context the book entitled ‘Introduction to Indian Jurisprudence’ deserves a scholarly review. This book is divided in two parts. Part 1 has nine (9) chapters and Part 2 has two (2) chapters which have been reviewed sequentially as follows.
PART 1
CHAPTER 1: INTRODUCTION
In this chapter it has been argued that how foreign invasion and educational architects have displaced Indian jurisprudence from the classrooms of legal courses in Indian academia and shaped it into the fabric of euro-centric education. The chapter emphasizes on the need of redesigning the curriculum of Indian education system from the Vedic perspective with specific reference to the courses which are related with law or legal aspects of business. To satisfy this perspective need, legal scholars of India are required to do a deep dive into Vedas of India and accordingly disseminate the knowledge in context through publications in Journals or through podiums offered in seminars/conferences or faculty development programs conducted in various academic institutions and universities in India.
CHAPTER 2: UNDERSTANDING EPISTEMOLOGY IN JURISPRUDENCE
The chapter starts with the importance of essential parts of epistemology and their role in the learning process in educational systems. Drawing attention on Greek epistemology, the chapter extensively discusses the correspondence between knowledge and experience and eventually leaves a question mark on the authenticity and acceptability of inductive and deductive reasoning.
CHAPTER 3: ADVAITA EPISTEMOLOGY AND INDIAN JURISPRUDENCE
The chapter argues for the alternative methods of epistemological inquiries by looking into two fundamental principles of every traditions such as Advaita philosophy which never admits the bifurcation of any mode in epistemology. The chapter has profoundly explained the Indian paradigm of epistemology from the perspectives of six classical systems of Indian thoughts namely; Nyaya, Vaiseshika, Sankhya, Yoga, Purva Mimamsa, and Vedanta. In totality, the chapter has articulated almost every philosophical concept related to experience within the purview of Indian Knowledge System.
CHAPTER 4: THE VEDAS AS EPISTEMIC AND LEGAL FOUNDATIONS
The chapter signifies the importance of texts through which we normally learn in the classrooms. These texts are generally written by different authors who have already experienced the textual content. However, the chapter marks the difference between the text and biographical content of the author who writes the text. The chapter also highlight the value of context in ascertaining the truth value of different texts complied in Vedas and accordingly empowers the human wisdom to take decision especially in the legal context.
CHAPTER 5: JURISPRUDENCE AS AN ORDERED SYSTEM OF KNOWLEDGE
The chapter starts with some vital questions related to the theories of law and put these theories in the framework of human mind. It also classifies the jurisprudence in three broad categories such as sociological, normative, and analytical. Drawing on different schools of legal thoughts the chapter finds a common ground in all these schools i.e., law and order in society to maintain the basic structure in the universe. The chapter also relates the agentic relationship between God of different religions and faith and the universe.
CHAPTER 6: THE PURVA PAKSA: WESTERN SOCIAL CONTRACT THEORISTS
The chapter initiates the discussion with the role of different philosophers like Plato and Aristotle in reference to the value of different stakeholders of society (writers, poets, teachers, soldiers, agriculturists etc.) in the republic of a king or queen. The chapter also emphasizes on the role of a state in making and enforcing law in order to maintain peace and harmony in society. In addition to this, the chapter explicate the view points of different philosophers like John Locke, Jeremy Bentham, and Jacques Rousseau in the context of public interest for fostering unity and solidarity in the state.
CHAPTER 7: INDIAN JURISPRUDENCE AND THE VEDIC ORDER
The chapter introduces the theory of divine determinism according to which God knows everything and everything happens in accordance with the will and pleasure of God. This chapter also posit if this theory is applied in society law-breakers would not be punished because they are not the responsible for their actions rather God is responsible. Further, the chapter also highlights the indivisible and integrated system of law from the perspective of Vedic jurisprudence.
CHAPTER 8: KARMA AND JURISPRUDENTIAL ORDER
The chapter emphasizes on the importance of Karma which is a universal phenomenon applicable to all manifestations. The chapter argues that these universal manifestations mentioned above vary according to the need and context of human society. The importance of Karma has been explained in four ways namely; Nitya, Naimitika, Kamya, Pratisiddha in addition to the fifth one which is ‘Nishkama Karma’. The chapter also highlights that the concept of ‘Nishkama Karma’ is a universal law and therefore it is applicable to all members of all sections in a society.
CHAPTER 9: DHARMA, GOVERNANCE, AND SOCIAL ORDER
The chapter starts with a reminder to all of us that ‘Ahimsa/Nonviolence’ mean minimum use of power, wealth, position and fame which has a high level of implications for governance in the state or nation. The chapter also highlight the two contradictory economical models such as capitalism and communism with a concern on environmental dimension of law in order to make ecological balance on the earth. The chapter also defines the concept of ‘professionalism’ and rule of administration from the territorial perspective.
PART 2
CHAPTER 10: GOVERNANCE IN ANCIENT INDIAN TRADITION
The chapter gives a clarion call for the attention from the global stakeholders to infuse Indian wisdom into the foundational ethics of governance which primarily rests on collective deliberations and ritual legitimacy. The chapter explicate the concept of a state (Rajya) from Vedic perspective and urges the state to function as a guardian of collective wellbeing not as a master for which people should transcend vote-bank politics and believe in purpose driven dharmic governance. The chapter also mentions the world’s oldest republic ‘Vaishali’ which is located in the present ‘Bihar’ state of India which served as a base for democratic values in reference to the existing sections and articles of Indian constitution. Finally, the chapter illustrates the all-time importance of some main protagonists of spiritual texts such as Draupadi and Krishna (Mahabharata), Gargi and Savitri (Scholarly Forums), Sita (Ramayana) in the context of historical importance of women empowerment in society.
CHAPTER 11: ADMINISTRATION OF JUSTICE LAW AND JUSTICE AS MORAL KIN
This last chapter of the book differentiates the Indian jurisprudence from the western legal tradition on the basis of Indian mind which is shaped by Vedic metaphysics and Upanishadic contemplation. The chapter also mentions that Indian courts have cited Vedic and philosophical principles to expand the meaning of justice which is a continuity of thoughts from the Upanishadic sages to present-day constitutional bench rulings. By citing different examples of clan councils such as Dasharatha’s court (Ramayana), the chapter remind sus that law must remain a servant of justice not controlling agency and therefore, envision the challenging role of Judges and advocates in the future in connection with the public policy and governance for any nation.
CONCLUSION
In conclusion, based on the sequential review of each chapter of the book entitled ‘Introduction to Indian Jurisprudence’, I find this book highly useful for the students and faculty members of various academic institutions and universities in India especially for those who are related with law or legal aspects of business or public policy and governance.