The laws of Manu are a collection of rules and norms (dharma). Their main task is to determine the behavior of the Indian people in everyday life.
The relevance of research
Why are the Laws of Manu studied? The characteristic of the source allows you to know the culture and socio-economic history of India. This civilization is one of the oldest in the world. It took shape in the Indus Valley more than four millennia ago. The centers of this civilization were Harapp and Mahenjo-Laro. In the place where these cities existed, archaeological excavations were carried out. Their results made it possible to establish the fact that in the centers of ancient Indian civilization handicraft production, trade and agriculture were well developed. There was also a property stratification of society in them. Science has very little information about this period in the history of India.
The most numerous data on the culture and socio-economic relations of the Indian people are available for the time period that begins in the second half of the first millennium BC. e. and ends with the first century of a new era. This is the so-called Magadho-Maudian period, during which the largest state formation existed not only in India, but throughout the territory of the Ancient East. It was the Mauryev empire.
Literary monuments of this period are numerous religious-ritual and legal Brahmin compilations - dharmashastra and dharmasutra. Among them are the most famous at the present time. These include the dharmashastra, or the laws of Manu.
general description
Religious and moral instructions set forth in poetic form - these are the laws of Manu. The general characteristic of this collection gives an idea of ​​the individual and social life of the people of Ancient India. It is believed that the instructions set forth in this code are given on behalf of the demigod Manu, who was the legendary ancestor of all mankind.
The word "dharma" comes from Sanskrit. It means "one, supporting and embracing all things." Dharma is a cosmic eternal order or law, which includes the usual rights and norms established in the state. Dharma has always been considered the law of social and individual life. Everyone should follow it without fail.
The Laws of Manu were very significant in the life of the ancient Indian people. The general characteristics, sources, structure of this collection are now carefully studied by historians.
Content
Twelve chapters include the Laws of Manu. The general characteristics and specific features of the set of rules are such that all of his articles (and there are 2685 of them) are presented in the form of couplets (sloka). Such a rhythmic presentation is characteristic of many religious and legislative acts of the ancient states. An example of this is the Bible.
What are the laws of Manu (general characteristic)? Briefly, the main thrust of this document can be understood from the description of its chapters. The first sets forth information about the universe, as well as about the divine Self-existing (Creator). It also speaks of the origin of varnas (the main 4 classes), as well as the role of the brahmanas protecting the treasures of the universal Law, destined for all people.
The second chapter tells the story of the education of an Indian, adhering to legal norms. According to him, a person should be involved in knowledge of the Vedas. Only in this case can it be considered prepared for a new spiritual existence. The second chapter tells of the role that rituals and customs play in the life of an orthodox Hindu. It also speaks of sacred wisdom, which is dharmashastra.
What other areas include the laws of Manu? The general characteristic of the set of rules describes the requirements, as well as the standards for family life. They can be read in chapter III. The text of this section talks about regular marriages (anulomas) and the consequences of incorrect marital ties (pratil). Here are also put forward the requirements for the rites.
Chapters IV to VI provide information on everyday hygiene rules, ways of sacralizing everyday life, and the correct daily routine. They also list the prohibited acts, describe the rituals of purification and lifestyle.
What other rules do the Manu Laws contain? A general description of the seventh chapter can give an idea of ​​the dharma that the king should adhere to. This narrative describes the role played by punishment and justice, maintaining order, and protecting “all creations”. Chapter VII gives advice on tax, administrative, military, and other matters.
The laws of Manu are interesting, the characteristics of the articles of this document relating to the reasons for which you should go to court. There are 18 in total. They are outlined in chapter VIII. Under the laws of Manu , a criminal act or violation of a contractual relationship, violence or theft, insult or slander, adultery, dice, etc. may be the cause of legal proceedings . The rules on making a decision on punishment are described in this chapter. It also speaks of the innocence of those who acted to protect a woman, child, or brahmin priest from violence.
Family behavior is also described by the Laws of Manu. A general description of the ninth chapter gives an idea of ​​the property and personal rights of the husband and wife, as well as their duties and inheritance rights. Here the role of the king is imposed, imposing punishment in case of violation of the standards described.
In the X chapter of the Laws of Manu you can find the rules for varn. They include 7 legal ways in which the acquisition of property is possible, as well as 10 methods that are allowed for the existence of those in distress.
Chapter XI regulates the way of life of the untouchable caste, which appears during the conclusion of inter-varnas, mixed, wrong marriages, carried out in violation of the Dharma.
Chapter XII prescribes rituals, worship, and the responsibilities of their participants. It also tells about the responsibility that a person bears in case of insufficient control over his body, thoughts and words.
These are the laws of Manu. A general description (briefly) of all its chapters provides an idea of ​​this document.
Society formation
The social stratification of the ancient Indian people began back in the bowels of the existing tribal communities. Characterization of the Laws of Manu allows you to get the most complete picture of this process.
Tribal relations gradually decomposed. This process was part of the historical development of society. More powerful and powerful clans concentrated in their hands the military guard, management functions and priestly duties. The result of this was the development of property and social inequality, the emergence of slavery. The tribal elite turned into a clan aristocracy.
Social division in ancient India took place according to the caste system. The entire population was divided into four groups - Varna:
- brahmanas (priests);
- Vaishas (farmers);
- kshatriyas (warriors);
- sudras (untouchables).
Characterization of Manu Laws gives a clear idea of ​​what was the main criterion for dividing the population into groups. So, the brahmanas were obliged to study the Vedas from the age of eight. They were considered adults from the age of sixteen. Kshatriyas were supposed to study the Vedas from eleven years. Their coming of age came at the age of twenty-two. From the age of twelve, they studied the Vedas of Vaishas. According to the Laws of Manu, they became adults only at the age of twenty-four.
Another criterion for revealing a person’s belonging to a particular Varna was the fact of his birth. Over time, mixed marriages appeared. In connection with this, another division of a person’s social belonging arose, which took into account the origin of his parents.
The untouchables (sudras) were a separate varna. They could not settle in the habitats of other classes, and according to the Laws of Manu they should only dress in rags. By legal status, these people were equated with dogs.
The basis of the social structure of the ancient Indian state was the community. It was a collective of free farmers, or, more simply, a village. The community in ancient India is an independent self-governing body. If we talk about the laws of Manu, a characteristic of Art. 219 is a concrete confirmation of the fact that the collective of free farmers was able to economically serve themselves, making deals even with private individuals.
Casting (jati)
With the development of society and the deepening of the process of division of labor, the process of its stratification continued. A clear idea of ​​this is given by the Laws of Manu (general characteristic). The division into varna and jati (castes) exists in India today.
In a medieval state, the following hierarchy existed:
- higher castes, represented by the class of medium and large feudal lords;
- lower castes, which included traders and usurers, small feudal lords and landowners.
Jati, unlike Varna, were a kind of corporation. Governing bodies were formed inside castes, specific rites, customs and rituals existed. Such a corporation fully supported its members and stood guard over their interests.
The Laws of Manu (general characteristic) can tell about many specific features of India. The division into Varna and Jati existed only in this state. Moreover, castes possessed a strictly hierarchical system. Manu laws allowed marriages only between members of the jati, claimed hereditary membership, etc.
Property rights
Having studied the Laws of Manu, the general characteristics of the sources of public relations institutions of this state become apparent. All of them are grouped into separate branches of law. Moreover, several areas. This is both criminal law and property law, as well as inheritance and binding law. All of them are reflected in the Laws of Manu.
Particularly well developed in ancient India was ownership. Its main components were possession (bhukti), command (swamya), and use (bhagu).
For those who study the Laws of Manu, the characteristics of the chapters of this document will indicate multiple prescriptions aimed at protecting the property rights of various types of movable property, livestock, household equipment, grain, as well as slaves. The earth could also belong to man. However, it became property after a long period of ownership (30-60 years), subject to good treatment. Anyone who threw his plot during the sowing or harvest, according to the laws of Manu, should have been fined. The same punishment awaited the one who violated the rules of sale.
The laws of Manu point us to various aspects of the life of society in ancient India. The characteristic of the main institutions of law gives an understanding of the disempowered situation in the state of slaves. They could be the property of a community or private individual. Some slaves worked directly for the state.
Binding law
According to the Manu Laws, any of the contracts was considered as a voluntary agreement. Certain obligations were imposed on the party that caused the damage or unreasonably enriched.
The rules of law of Ancient India described the possible types of contracts, as well as their main provisions and the resulting relationship. It was believed that the document was valid only in case of the voluntary consent of the parties. The contract concluded by a drunk or crazy person, as well as by a child or a slave, was not valid. The Laws of Manu also pointed to this. The general characteristics and the main content of the chapters relating to the institution of law indicate that the loan agreement was most well developed. The rules of law in this matter reflected the customs that have been formed over many centuries. So, in ancient India, usury was widespread. At the same time, high interest rates on such agreements were legalized. According to the rules of law, the debtor was completely dependent on the creditor. It was allowed to receive debt by coercion and cunning, by force, etc. The Laws of Manu did not provide for protection from such actions. In addition, the debtor, who dared to file a complaint against the creditor, was himself fined. Even death did not relieve duties. The debt automatically passed on to relatives. High interest rates and the plight of the population were the reason for the widespread institution of debt slavery.
In the field of law of Ancient India, a special place was given to the contract of personal employment. Manu Law articles often referred to slaves and workers as a whole. The rights of those who worked under a personal employment contract were often violated. For every reason, fines were imposed on the employee, as a result of which he almost never received the pay due to him. Such a difficult situation forced people to give up freedom for the usual maintenance. At the same time, the Laws of Manu recommended that the higher castes in every possible way avoid wage labor.
Family and marriage
This branch of law is reflected in the ninth chapter of Manu Laws. Already her first articles affirm the subordinate position of a woman in the family, who must implicitly obey her father, as well as her husband and son. In the absence of such, a guardian shall be appointed by the king.
The Manu Laws also state that a father has no right to take remuneration for his daughter. However, in ancient India, marriage was an undisguised sale. Often spouses had a big age difference. This state of affairs was associated with low age of marriage.
Under the laws of Manu, the younger brother did not have the right to marry earlier than the older. Also, the rules prohibited the marriage of blood relatives up to the seventh knee. Separate articles are devoted to the protection of the wife and the "cleanliness of the offspring." The Laws of Manu impose these duties on the husband (chapter IX, arts. 6, 7).
Inheritance right
Ancient India had its own traditions. According to the requirements given by the Laws of Manu, only sons should have received the property of the father. The demented, state criminals, people expelled from the caste, etc. did not have the right to inherit. A wife had the right to property only of her son if he had no children.
The Laws of Manu established the order of inheritance. The inheritance should not have included everything donated. The property passed into the hands of his own sons. If they were not there, then everything acquired was given to the sons of his daughter. Further, the sons who left the house, and then taken back, were considered heirs. In the absence of such, all property could go to the guru. It was a house priest. If there was neither him nor daughters, then all that was acquired was sent to the royal treasury.
Based on the analysis of the Laws of Manu, we can conclude that they are an ancient example of inheritance law. No wills were made at that time. The right of inheritance passed only by this set of rules.
Court and punishment
The laws of Manu reflect such concepts relating to criminal law as “relapse”, “forms of guilt”, “complicity”, as well as “gravity of guilt” depending on which Varna the guilty or the victim belongs to.
Reflects a collection of rules and regulations of ancient India and the types of crimes. They are divided into:
- state;
- against property;
- against the person;
- encroaching on family relationships.
The laws of Manu and various punishments were approved. Among them:
- the death penalty;
- self-mutilation;
- exile;
- fines;
- imprisonment;
- shaving the head (for a brahmana).
The processes in both criminal and civil cases were the same and had an adversarial nature. The supreme court was ruled by the king with the brahmanas. In addition, the relevant authorities existed in all administrative units. A judicial board was appointed for every ten villages. All cases were considered based on the hierarchy of varn.
The main source of evidence was witness statements. Moreover, they had different value for the court. It all depended on the witness belonging to one or another Varna. As evidence, tests could be applied by fire, water, scales, etc.
The king, as the highest judge in the Laws of Manu, was entitled to an annual amnesty.
Conclusion
Apparently, the Laws of Manu were written by the sages of one of the Brahmin ancient Indian schools. They also gave the name to this set of rules and norms on behalf of the mythical progenitor of man.
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