IKS Perspectives on Law and Jurisprudence
- 10 Hours
-
1 Credit
*(T&C Apply) Credits applicable only for Undergraduate and Postgraduate students enrolling for SIKSHA courses through academic institutions based in India.
- UG
- Upcoming Courses
₹2,500.00(GST additional)
About The Course
This course provides an introductory exploration of concepts related to the field of law and jurisprudence from the perspective of Bharatiya Shastras (the ancient and traditional knowledge systems originated in India). It is designed to give students a foundational understanding of various cognitive processes, types of reasoning, definition-making, debating techniques, and error detection methods, with practical applications in the field of law and jurisprudence.
Syllabus
- Unit I: Introduction to Indian legal traditions
- 1. Stage one - Oral Tradition and Administration of Justice
- 2. Stage two - Transition from oral tradition to written law
- 3. Stage three - The organization of legal texts into Samhitâs and Dharma Shastras
- 4. Stage four - The integration of Hindu and Buddhist legal traditions
- 5. Inscriptions as a fundamental source of history
- 6. Law & Jurisprudence - Mauryan period [Ashokan Pillar edicts]
- 7. Law & Jurisprudence - Post Mauryan period [Shunga, Shatavahana, Kushana Inscriptions]
- 8. Law & Jurisprudence - Gupta period [Temple wall inscriptions & Copper plates]
- 9. Law & Jurisprudence - Medival period [Pallava, Chaola & Vijayanagara Inscriptions]
- 10. Morality, Ethics, and Law in Bauddha Jataka Tales: An Exploration
- Unit II: The Indic Legal Procedure & Theories of Punishment
- 1. Hierarchy of Courts in Ancient India - Village assemblies (Sabhas) and courts (Kulani, Grāma, etc.) Royal courts (Rāja Sabha) and appellate systems, Historical analysis of different court systems across regions
- 2. Role of Kings and Judges in Hindu Law - The Rājā as upholder of Dharma, Qualifications, duties, and ethical responsibilities of judges (Dharmādhikarin), Mechanisms of dispute resolution
- 3. Judicial Procedures and Legal Practices - ""Overview of ancient court procedures, Principles of evidence, oaths, and witness testimony in Vyavahāra""
- 4. 18 Titles of Civil Law in Hindu Jurisprudence (Vyavahāra Pada) -""Exploration of the 18 titles of law as defined in texts like Manusmṛti and Yājñavalkya Smṛti, Key legal principles for contract law, inheritance, debts, marriage, and property""
- Unit III: Theory of Reasoning, Definition & Debate Systems according to Bharatiya Shastras
- 1. Cognition Framework - Prama, Prameya & Pramana
- 2. Anumana Pramana - Convincing Oneself - Swartha-anumana, Convincing others - Parartha-anumana, Processes involved in Inference, Bhuyodarshana, Pakshadharmata Paramarsha
- 3. Anumanaprayoga - Paksha, Sadhya & Hetu, NyayaprayogaThe five limbs of structured reasoning
- 4. The triple nature of a sound reason or evidence (Hetu) - Anvaya-vyatireki, Kevalanvayi & Kevala-vyatireki
- 5. Invariable Concomitance (Vyāpti) - Purvapaksha, Siddhanta & Vyatireka
- 6. The five types of pseudo-reason or pseudo-evidence (Hetvābhāsa)
- 7. The theory of definition and Purpose of definition
- 8. Types of definitions - Swarupa-lakshana & Tatastha-lakshana
- 9. Usage of definition - Murder vs Culpable homicide
- 10. Importance of debating techniques according to Nyaya Shastra
- 11. The three types of debate - Vāda (An honest debate), Jalpa (Wrangling) & Vitaṇḍā (Cavil)Definitions of these types of debates
- 12. Examples of Debate from Bharatiya Vangmaya - Tamas
More Information
- Learning Objectives
- ◉ To cultivate an appreciation for the rich tradition of Indian Law and jurisprudence.
- ◉ To introduce students to the principles and concepts of law and jurisprudence as viewed through the lens of Bharatiya Shastras namely Vyavahara kanda of Dharma Shastra and Danda niti.
- ◉ To enhance students' critical thinking and argumentation skills by examining Tarka Shastra, the traditional Indian method of reasoning and debate.
- ◉ To provide a comprehensive understanding of the practical applications of these concepts in contemporary legal contexts.
- Intended Outcomes
- By the end of this course, students will be able to:
- 1. Appreciate the historical and cultural significance of Indian contributions to the field of law and jurisprudence.
- 2. Understand and articulate the basic concepts of law and jurisprudence from the perspective of Bharatiya Shastras.
- 3. Apply cognitive processes and reasoning techniques rooted in traditional Indian knowledge to legal analysis and problem-solving.
- 4. Develop effective debating strategies and techniques based on ancient Indian methods.
