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Anekantavāda & Jurisprudence
(loka) are permanent (Saśvata) or not was asked by Gautamaṣwāmī to Jāmāli (son-in-law of Lord Mahāvīra), Jāmāli could not reply. Lord Mahāvīra explained it by saying that the soul as a soul is immortal but the soul as a human being, animal, germ, tree or Deva is mortal.
Similarly, with regard to universe, as a universe it is permanent. Still however it is subject to change depending upon the time (kāla). In the same manner, the Judges are also required to decide the matters in context of the law, situation and purpose or motive for doing a particular
act.
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It is said that Judge is expected to be open minded till he decides the matter. He is expected to be impartial and not biased- full of mercy, still not fragile- firm but not obstinate. Anekantavāda also requires that a particular say is not to be straight away accepted or rejected. The truth is to be culled out by looking at the subject from all angles. The subject is required to be deeply studied and all the arguments in favour or against are required to be logically dealt with. Same thing is required to be done by a Judge in deciding the matters. Without following the principles of Syadvāda, legal system for doing justice in any form cannot survive. For sifting the truth from untruth, the philosophy of Syādvāda is to be followed and in an integral part of the judicial system. No doubt, under the legal system, Justice is required to be done within the four corners of law and by following the procedure established there under.
Further, it is expected from the Courts that the justice should be what the right-minded members of the Society believe to be fair. That goal is difficult to achieve because of human frailties, procedural delays or technical flaws.
The Courts are required to decide the cases on the basis of:
(a)
Facts and circumstances of each case,
(b)
Law applicable to the dispute,
(c)
Procedure prescribed by the statute,
(d) Fundamental rights guaranteed under the Constitution,
(e) Case law or precedent on the same subject or similar point, and (f) Principles of natural justice, that is to say, no man could be a Judge of his own cause none should be condemned unheard and
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| SR No. | 014009 |
| Book Title | Multidimensional Application of Anekantavada |
| Original Sutra Author | N/A |
| Author | Sagarmal Jain, Shreeprakash Pandey, Bhagchandra Jain Bhaskar |
| Publisher | Parshwanath Vidyapith |
| Publication Year | 1999 |
| Total Pages | 552 |
| Language | English, Hindi |
| Classification | Seminar & Articles |
| File Size | 9 MB |