Dharma In Jurisprudence

Introduction

The term “Dharma” holds a rich and multifaceted meaning across various Indian religions such as Hinduism, Buddhism, Jainism, and Sikhism.

In Hinduism

Dharma signifies behaviours in accord with Ṛta, the cosmic order, encompassing duties, rights, laws, conduct, virtues, and the right way of living.

In Buddhism

Dharma refers to cosmic law and order and the teachings of Buddha, extending to mental constructs and phenomena.

In Jainism

Dharma denotes the teachings of the Tirthankaras and doctrines for moral and spiritual purification.

In Sikhism

Dharma means the path of righteousness and proper religious practice.

Dharma in Hindu Jurisprudence

In Hindu jurisprudence, Dharma is often equated with responsibility, righteousness, and justice. It encompasses religious, social, legal, and spiritual duties, indicating no difference between Dharma and law but emphasizing its moral and religious underpinnings.

Sources of Dharma

Dharma’s sources are deeply rooted in ancient texts:

Rig Veda: Dharma as the foundation of the universe, indicating divine creation principles.

Upanishads: Refined the concept to include moral and legal dimensions.

Manusmriti: Detailed Dharma as religious and legal responsibilities, laying the groundwork for modern Hindu laws.

Hindu Epics (Ramayana and Mahabharata): Emphasized performing one’s duties as the essence of Dharma.

Also Read: An Overview: John Austin’s Concept Of Law

The Nature of Dharma

Dharma prioritizes responsibilities over rights, unlike other schools of jurisprudence. It prescribes duties for every individual based on their role in society. For instance, a professor’s Dharma is to impart knowledge, while a farmer’s is to provide sustenance.

Dharma aligns with the natural law school of jurisprudence, viewing God as the source of all rights and responsibilities. It encompasses a wide range of subjects including religion, administration, economics, civil-criminal law, marriage, and succession.

Conclusion

Dharma, roughly translated as “righteousness,” is a complex concept that intertwines legal, social, moral, and religious elements. Despite its vast scope, it remains a central theme in Indian philosophical thought, guiding individuals towards moral and righteous living.

In contemporary terms, calling someone “dhārmik” (righteous) is a high commendation, paralleling the idea of being moral. Understanding and embracing Dharma leads to a balanced and harmonious life, reflecting the timeless wisdom of ancient Indian jurisprudence.


FAQs

What is Dharma in Hinduism?

In Hinduism, Dharma refers to behaviours in accord with the cosmic order, including duties, rights, laws, conduct, virtues, and the right way of living.

How does Dharma differ in various Indian religions?

Dharma varies: in Hinduism, it’s about cosmic order and duties; in Buddhism, it’s the teachings of Buddha; in Jainism, it’s moral and spiritual teachings; and in Sikhism, it’s the path of righteousness.

What is the significance of Dharma in jurisprudence?

In jurisprudence, Dharma emphasizes responsibilities and duties, aligns legal principles with moral and religious values, and ensures justice and righteousness in society.

Also Read: Difference Between Law and Justice

Reference: toppr.com

    By moulik

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