Multidimensional Application of Anekantavada

SR No.: 014009
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

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Syādvāda and Judicial Process
Nasti-Avaktavya. The word 'Syat' is prefixed to each of these seven predications with a view to prevent them from being absolute.
Let us now consider how these seven predications apply to Jurisprudential evaluation of a problem. Suppose we are to assess how for and under what circumstances the commission of violence amounts to an offence. Applying the doctrine of seven predications (Saptabhangi) we can proceed as under:
(a)
It is an offence to commit violence with an intention to commit the same. (Asti).
(b)
It is not an offence to commit violence if the same is required to be committed in defence of person or property. (Nästi)
(c)
It is an offence to commit violence in breach of the laws of the land, but it is not so, if it is committed in performance of a legal duty. (Asti-Nästi).
(d)
It is not possible to say whether violence is an offence or not, without knowing the circumstances under which it is committed (A vaktavya).
(e)
Violence is indeed an offence, but no such statement can be made for all circumstances. (Asti-A vaktavya).
(f)
It is true that violence is not an offence under certain circumstances, but no positive statement of this type can be made for all time and under all circumstances. (Nasti-Avaktavya). Violence is an offence, but there are circumstances where it is not. In fact no statement in affirmation or negation can be made for all time and all circumstances, (Asti-Nästi-A vaktavya).
(g)
Civil and criminal jurisprudence in all civilised nations recognise though unconsciously, all these seven predications while approaching a problem which arises for judicial decision. The reason is that the theory of Anekanta as expressed through Syādvāda is no merely a religious theory. It is mainly a theory of thought analysis based on pure logic and psychological reasoning. As such it is applicable to every field of human activity. It is more applicable to the field of jurisprudence, as the object of every jurisprudential inquiry is to go on search of truth and justice.
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