International Journal For Multidisciplinary Research

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Kautilyan Law and Indian Law: A Critique

Author(s) JVN MALLIKARJUNA, YVN Suneetha
Country India
Abstract If we closely observe the present legal system in India, we understand that most of the contents and laws are based on Kauṭilya’s Arthasastra. The very object of the Arthaśāstra is to comprehend and control the social life internally and also to determine the sovereignty in whole of India externally. Kauṭilya’s Arthaśāstra provided a valuable basis for law. Kauṭilya demonstrated an extremely vital imperative: governance, polity, politics and progress have to be linked to the welfare of the people. Interestingly, closer to recent times, Abraham Lincoln said, “Democracy is for the people, by the people and of the people”. He held that laws should be adapted to changing conditions of time and place. He believed in a just and realistic rule of law. His definition of a state was one which had power and wealth and hence he put property rights and protection of wealth as one of the important themes in his jurisprudence. The Arthaśāstra classifies legal matters into civil and criminal. He thinks that justice is an important constituent of sovereignty and it needs to be preserved by the State and the Ultimate responsibility lies with the King. Kauṭilya is well known for his secular and less orthodox .He made clear distinction between religion, politics and economics and based on his treatment on scientific reasoning
Keywords Arthasastra, Civil law, Criminal law, Dandaniti, Universal law, Criminal justice
Field Sociology > Administration / Law / Management
Published In Volume 5, Issue 5, September-October 2023
Published On 2023-09-22
Cite This Kautilyan Law and Indian Law: A Critique - JVN MALLIKARJUNA, YVN Suneetha - IJFMR Volume 5, Issue 5, September-October 2023. DOI 10.36948/ijfmr.2023.v05i05.6745
DOI https://doi.org/10.36948/ijfmr.2023.v05i05.6745
Short DOI https://doi.org/gssfkv
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