Kind of Law System in India

 

What is India's legal system?

 

Ancient Indian legal system

Teaching purpose and requirements: To understand the origin, development and general laws of the 2113 law of ancient India.

 Palm 4102 grasps the origin, basic characteristics, basic system and historical status of the ancient Indian slavery law.

Section 1 The development and origin of ancient Indian law

Ancient Indian law was the general term for the slavery laws of the entire South Asian subcontinent (now India, Pakistan, Bangladesh, etc.) before the 6th century.

I. Produce

1. After the Aryans invaded India in the 15th century BC, India had the earliest handed down document "Vedas". It is the oldest and sacred source of law in India.

2. In the 7th century, the primitive Vedicism evolved into Brahmanism, and Brahmanism respected and maintained the caste system.


II. Development and evolution

1. Due to the development of slavery and the intensification of the struggle of the working masses, Buddhism came onto the stage of history against Brahmanism in the 6th century.

Buddhism became more and more widely spread. In the 3rd century, Ashoka designated Buddhism as the state religion.

2. Around the 4th century AD, some doctrines of Brahmanism, Buddhism, Jainism and folk beliefs evolved into Hinduism 1653 (New Brahmanism). Hinduism is formed by fusing the legal norms of Dharma and Buddhist law.


III. Origin

(1) Veda

"Vedas" India's earliest handed down document, the oldest scripture of Brahmanism, is the oldest and sacred source of law in India.

(2) Law

Explain and supplement the Vedic classics, attached to the Veda.

(3) Code

Brahmin priests compiled teaching texts based on Vedic scriptures, generations of inheritance, and ancient customs.

The Code of Manu is the most famous.

 

What is the "Code of Manu"?

The Code of Manu or Manusmriti was formed approximately in the 2nd century BC to the 2nd century AD. It is the first relatively formal legal book in the history of Indian legal system and has considerable authority.

 It discusses the essence of Veda more comprehensively and stipulates the basic content with caste system as the core. 

The code had a profound influence on the history of Indian legal system and spread to Southeast Asia and the Far East.

 

(4) Buddhist scriptures

Collectively: San Zang (Jing Zang, Lun Zang, Lv Zang), the central content of Buddhist law is the "Five Precepts".

 

(5) The edict of the king.

Section 2 The Basic System of Ancient Indian Law

1. The caste system

What is the caste system?

The caste system is the social hierarchy of ancient India and the core content of ancient Indian law.

According to the Brahman Law, the legal status and rights and obligations of various surnames are completely different.

The highest caste is Brahman, which is the priestly caste, and holds the power of religious sacrifice.

The second caste is Kshatriya, which is the samurai caste, which controls the military and political power.

The third is the Vaisha, which is engaged in commercial or agricultural production, and belongs to the civilian caste.

The fourth caste Sudra, engaged in lowly occupations, mostly slaves. The caste system advocated and maintained by Brahmanism is the basic system of ancient Indian society.

 

1. Examples of Code

2. Pay attention to protecting the ownership of higher castes

3. The claims of higher castes are specially protected

4. Marriage is considered to be a combination of divine intentions, and the system of intra-caste marriage is strictly maintained. The higher castes are polygamous, while the lower castes are monogamous.

5. Same crime and different punishment for different castes

6. There is a lack of a unified and fixed court organization in the litigation system, and divine judgment

 

 The characteristics and historical status of ancient Indian law

A. The characteristics of ancient Indian law

(1) Inseparable from religion

There are many religions in India, which affect the structure and system of Indian law and make it extremely complicated; law and religion are closely linked, religious doctrines rely on the power of law to be implemented, and laws rely on doctrine and belief to be implemented.

 

(2) Publicly publicize social inequality, determine the status, rights and obligations of all residents in legal form, and form a complete caste system. It is the "caste law".

 

(3) Combining law, ethics, morality and philosophy into one, the code is essentially a mixture of them. Lack of independence.

 

B. The historical status of ancient Indian law

  1.  It occupies an important position in the history of Indian legal system
  2.  Indian law system


What is the Indian law system (death law system-historical sites)?

The law system is the most basic method used in comparative law.

Legal system generally refers to the general term for the laws of a number of countries and regions with a certain commonality or common tradition.

The legal system does not refer to the general term of the laws of a country, but the general term of the laws of some countries or regions.

Legal System of India


Since, there is no precise explanation for the concept of legal system, scholars also argue that the laws of the world should be divided into several legal systems.

Some scholars have suggested that it can be divided into two major legal systems, namely the dead legal system and the living legal system.

The former includes Babylonian and Egyptian types, and the latter includes British-American, French-German and other types.

Most scholars advocate dividing the civil law system and the common law system. Most Japanese scholars advocate the division into two major legal systems, Eastern and Western.

Some scholars argued that it can be divided into three major legal systems, that is, the continental law system, the common law system and the socialist law system, or the primitive nation law system, the Oriental law system, and the Greek and Roman law systems.

 Whether the law of a socialist country constitutes a legal system juxtaposed with the two major legal systems in the West has been controversial at the beginning of the Western legal circles after the war.

One opinion holds that the laws of socialist countries are similar to the civil law system in terms of structure and form, and therefore should belong to a branch of the civil law system and should not be regarded as an independent legal system.

However, the dominant opinion believes that the laws of socialist countries are fundamentally different from Western laws in terms of guiding ideology and social systems, so they should become an independent legal system.

For this reason, some Western comparative jurists have made new interpretations of the traditional concept of legal system after the war, expanding the meaning of the term "legal system" to include laws of different social systems.

What is more noteworthy here is that Western comparative jurists often classify contemporary Chinese law as one of some minor legal systems outside the "three main legal systems".

Some scholars argue that it can be divided into four major legal systems, namely, civil law, common law, Islamic law, and socialist law.

Some scholars have suggested that it can be divided into five major legal systems, namely, Anglo-American law, civil law, Islamic law, Indian law, and Chinese law, or divided into ancient oriental legal culture (Egypt, cuneiform and Hebrew law), classical Ancient legal culture (Greek, Roman, church and maritime law system), northern legal culture (German, Slavic, Celtic law system), Anglo-American legal culture (English, American law system), Oriental legal culture (China, India, Islam) , Japan and other legal systems).

The Chinese legal system refers to the "Law of Law" in the 5th century to the "Law of Tang Dynasty" in the 7th and 8th centuries (including the "Wu Morality Law" of Tang Gaozu, the "Zhenguan Law" of Tang Taizong, and the "Yonghui Law" of Tang Gaozong, etc.) "Qing Law", died in 1840.

 The basic characteristics of the Chinese legal system (compared with the two major western legal systems) are: monarch and democracy; Tao and law, punishment and people.

The Islamic legal system (7th-11th centuries) is mainly manifested in the Quran, the words and deeds of Muhammad, and the works of jurists). The Indian legal system (7th-5th centuries ago) is based on the "Manu Code", and the "caste" system is the basic feature (4 castes: Brahman means monk, Kshatriya means warrior, Vaisha means peasant and merchant, etc.) Dhara is the lowest laborer).

Some scholars argued that it can be divided into 16 legal systems, namely:

  •  Roman law
  •  Anglo-American law
  •  Indian law
  •  Chinese law
  • Hebrew law
  •  Greek law
  •  Japanese law
  • Germanic law
  • Maritime law and monastic law Faculty
  •  Celtic law
  •  Slavic law
  •  Arab law
  •  Egyptian law
  •  Babylonian law
  •  Continental law.
  • Generally, the Japanese "Five-Division Method" of Hozumi Chenzhong is adopted, namely:
  •      Chinese legal system
  •      The Indian legal system
  • ·  The Islamic legal system.

·       The Anglo-American legal system and the continental legal system. Among them, the Chinese law system and the Indian law system are dead law systems

 

·       The Anglo-American law system and the continental law system are living law systems.




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